On December 9, 2022, Canada announced further amendments to the Special Economic Measures (Iran) Regulations (the “Regulations”) in response to those “who are complicit in gross and systematic human rights violations in Iran”. These amendments list an additional twenty-two individuals under Schedule 1 of the Regulations and entered into force on December 7, 2022.
There are now over 290 parties listed under Schedule 1 of the Regulations. Among the newly listed parties are “senior members of the Iranian judiciary, prison system and law enforcement forces, as well as political leaders, such as senior aides to the regime’s Supreme Leader and senior figures in state-directed media outlets”.
Generally speaking, listing under Schedule 1 of the Regulations imposes a dealings prohibition, effectively an asset freeze, against the listed person. Any person in Canada or any Canadian outside Canada cannot:
- deal in any property, wherever situated, that is owned, held or controlled by a person whose name is listed in Schedule 1 or a person acting on behalf of such listed person;
- enter into or facilitate, directly or indirectly, any transaction related to such a dealing;
- provide any financial or other related services in respect of such a dealing;
- make available any goods, wherever situated, to a person listed in Schedule 1 or to a person acting on their behalf;
- provide any financial or related service to, or for the benefit of, a person listed in Schedule 1;
- export, sell, supply or ship any goods listed in Schedule 2 of the Regulations to Iran, to any person in Iran, or to a person for the purpose of a business carried on in or operated from Iran; or
- transfer, provide or disclose to Iran or any person in Iran any technical data related to the goods listed in Schedule 2 of the Regulations.
The Government of Canada has now issued seven sets of amending regulations since the beginning of October. Businesses should continually assess their sanctions compliance in this shifting legal landscape. Regulations enacted under the Special Economic Measures Act obligate persons in Canada and Canadian citizens to disclose certain property held by Schedule 1 entities and any related transactional information to the RCMP. Additionally, certain entities have a continuing duty to determine and disclose certain property held by Schedule 1 entities.
An unofficial copy of the legislative amendments to the Special Economic Measures (Iran) Regulations that came into effect on December 7, 2022 are available on Global Affairs Canada’s websites here.
