On September 21, 2023, Canada announced amendments to the Special Economic Measures (Haiti) Regulations (the “Regulations”) in response to “acts of significant corruption”. These amendments list an additional three individuals under the Schedule of the Regulations and took effect on September 20, 2023. This follows Canada’s appointment of a new ambassador of Canada to Haiti, André François Giroux, on September 18, 2023.
There are now twenty-eight individuals listed under the Schedule of the Regulations. All of the newly listed individuals are members of the economic elite who Canada believes are fuelling the violence and instability in Haiti.
The Schedule of the Regulations imposes a dealings prohibition against the individuals listed, effectively freezing any assets they hold in Canada. Individuals listed are also rendered inadmissible to Canada under the Immigration and Refugee Protection Act. For more information on the dealings prohibition, read our previous blog posts on Canada’s March 2023 Haiti sanctions here and June 2023 sanctions here.
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 listed persons under the Schedule and any related transactional information to the RCMP. Additionally, certain entities have a continuing duty to determine and disclose certain property held by listed persons.
An unofficial copy of the legislative amendments to the Special Economic Measures (Haiti) Regulations that came into effect on September 20, 2023 are available here.