Special Economic Measures (Venezuela) Regulations

Contents

His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to subsections 4(1) to (3) of the Special Economic Measures Act, makes the annexed Special Economic Measures (Venezuela) Regulations for the purpose of implementing the decision of the Association Concerning the Situation in Venezuela made on September 5, 2017.^note

Interpretation

1Definitions#

The following definitions apply in these Regulations.

Minister means the Minister of Foreign Affairs. (ministre)

Venezuela means the Bolivarian Republic of Venezuela and includes

(a)any of its political subdivisions;

(b)its government and any of its departments or any government or department of its political subdivisions; and

(c)any of its agencies or any agency of its political subdivisions. (Venezuela)

List

2Listed person#

A person whose name is listed in the schedule is a person who is in Venezuela, or is or was a national of Venezuela who does not ordinarily reside in Canada, and in respect of whom the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe is

(a)a person who has engaged in activities that directly or indirectly undermine the peace, security or stability of Venezuela or the integrity of its democratic institutions;

(a.1)a person who has engaged in activities that directly or indirectly contribute to or support gross and systematic human rights violations in Venezuela;

(a.2)a person who has engaged in activities that directly or indirectly contribute to acts of significant corruption in Venezuela;

(b)a current or former senior official in the Government of Venezuela;

(c)a current or former member of the Constituent National Assembly of Venezuela;

(d)an associate or family member of a person referred to in any of paragraphs (a) to (c);

(e)an entity owned — or held or controlled, directly or indirectly — by a person referred to in any of paragraphs (a) to (d); or

(f)a current or former senior official of an entity referred to in paragraph (e).

^note

Prohibitions

3Prohibited dealings and activities#

It is prohibited for any person in Canada or any Canadian outside Canada to

(a)deal in any property, wherever situated, that is owned — or that is held or controlled, directly or indirectly — by a listed person;

(b)enter into or facilitate any transaction related to a dealing referred to in paragraph (a);

(c)provide any financial or related services in respect of a dealing referred to in paragraph (a);

(d)make available any goods, wherever situated, to a listed person or to a person acting on behalf of a listed person; or

(e)provide any financial or related services to or for the benefit of a listed person.

4Non-application#

Section 3 does not apply in respect of

(a)any payment made by or on behalf of a listed person that is due under a contract entered into before the person became a listed person, provided that the payment is not made to a listed person or to a person acting on behalf of a listed person;

(b)any transactions necessary for a Canadian to transfer to a non-listed person any accounts, funds or investments of a Canadian held by a listed person on the day on which that person became a listed person;

(c)any dealings with a listed person required with respect to loan repayments made to any person in Canada, or any Canadian outside Canada, for loans entered into with any person other than a listed person, and for enforcement and realization of security in respect of those loans, or payments by guarantors guaranteeing those loans;

(d)any dealings with a listed person required with respect to loan repayments made to any person in Canada, or any Canadian outside Canada, for loans entered into with a listed person before that person became a listed person, and for enforcement and realization of security in respect of those loans, or payments by guarantors guaranteeing those loans;

(e)any benefit paid under the Old Age Security Act, the Canada Pension Plan or an Act respecting the Québec Pension Plan, CQLR, c. R-9, any superannuation, pension or benefit paid under or in respect of any retirement savings plan or under any retirement plan, any amount paid under or in respect of the Garnishment, Attachment and Pension Diversion Act or the Pension Benefits Division Act, and any other payment made in respect of disability to any person in Canada or any Canadian outside Canada;

(f)financial services required in order for a listed person to obtain legal services in Canada with respect to the application of any of the prohibitions set out in these Regulations;

(g)any transaction in respect of any account at a financial institution held by a diplomatic mission, if the transaction is required in order for the mission to fulfill its diplomatic functions as set out in Article 3 of the Vienna Convention on Diplomatic Relations or, if the diplomatic mission has been temporarily or permanently recalled, when the transaction is required in order to maintain the mission premises;

(h)any transaction with any international organization with diplomatic status, with any United Nations agency, with the International Red Cross and Red Crescent Movement, or with any entity that has entered into a grant or contribution agreement with the Department of Foreign Affairs, Trade and Development; and

(i)a transaction by the Government of Canada that is provided for in any agreement or arrangement between Canada and Venezuela.

5Assisting in a prohibited activity#

It is prohibited for any person in Canada or any Canadian outside Canada to knowingly do anything that causes, facilitates or assists in, or is intended to cause, facilitate or assist in, any activity prohibited by section 3.

6Duty to determine#

The following entities must determine on a continuing basis whether they are in possession or control of property that is owned — or that is held or controlled, directly or indirectly — by a listed person:

(a)authorized foreign banks, as defined in section 2 of the Bank Act, in respect of their business in Canada, and banks regulated by that Act;

(b)cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;

(c)foreign companies, as defined in subsection 2(1) of the Insurance Companies Act, in respect of their insurance business in Canada;

(d)companies, provincial companies and societies, as those terms are defined in subsection 2(1) of the Insurance Companies Act;

(e)fraternal benefit societies regulated by a provincial Act in respect of their insurance activities and insurance companies and other entities regulated by a provincial Act that are engaged in the business of insuring risks;

(f)companies regulated by the Trust and Loan Companies Act;

(g)trust companies regulated by a provincial Act;

(h)loan companies regulated by a provincial Act;

(i)entities that engage in any business described in paragraph 5(h) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act if the business involves the opening of an account for a client; and

(j)entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services.

7Duty to disclose — RCMP or CSIS#

(1)Every person in Canada, every Canadian outside Canada and every entity set out in section 6 must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service

(a)the existence of property in their possession or control that they have reason to believe is owned — or held or controlled, directly or indirectly — by a listed person; and

(b)any information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

(2)No proceedings under the Special Economic Measures Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1).

Applications

8Application to no longer be a listed person#

(1)A listed person may apply to the Minister in writing to have their name removed from the schedule.

(2)On receipt of an application, the Minister must decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant’s name be removed from the schedule.

9New application#

If there has been a material change in circumstances since the last application was submitted, a person may submit another application under section 8.

10Mistaken identity#

(1)A person whose name is the same as or similar to the name of a listed person and who claims not to be that person may apply to the Minister in writing for a certificate stating that they are not that listed person.

(2)Within 30 days after receiving the application, the Minister must,

(a)if it is established that the applicant is not the listed person, issue the certificate; or

(b)if it is not so established, provide notice to the applicant of his or her determination.

Application Before Publication

11 #

For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.

Coming into Force

12 #

These Regulations come into force on the day on which they are registered.

Persons (Section 2 and subsections 8(1) and (2))

1 Nicolás MADURO MOROS2 Tibisay LUCENA RAMÍREZ3 Elías José JAUA MILANO4 Tareck Zaidan EL AISSAMI MADDAH5 Tarek Willians SAAB HALABI6 Néstor Luis REVEROL TORRES7 Roy Antonio María CHADERTON MATOS8 María Iris VARELA RANGEL9 Pedro Miguel CARREÑO ESCOBAR10 Diosdado CABELLO RONDÓN11 Susana Virginia BARREIROS RODRÍGUEZ12 Freddy Alirio BERNAL ROSALES13 Delcy Eloína RODRÍGUEZ GÓMEZ14 Tania D’AMELIO CARDIET15 Aristóbulo ISTÚRIZ ALMEIDA16 Jorge Jesús RODRÍGUEZ GÓMEZ17 Francisco José AMELIACH ORTA18 Carlos Alfredo PÉREZ AMPUEDA19 Sergio José RIVERO MARCANO20 Jesús Rafael SUÁREZ CHOURIO21 Carmen Teresa MELÉNDEZ RIVAS22 Bladimir Humberto LUGO ARMAS23 Gustavo Enrique GONZÁLEZ LÓPEZ24 Elvis Eduardo HIDROBO AMOROSO25 Remigio CEBALLOS ICHASO26 Antonio José BENAVIDES TORRES27 Hermann Eduardo ESCARRÁ MALAVÉ28 Sandra OBLITAS RUZZA29 Socorro Elizabeth HERNÁNDEZ HERNÁNDEZ30 Maikel José MORENO PÉREZ31 Gladys María GUTIÉRREZ ALVARADO32 Juan José MENDOZA JOVER33 Luis Fernando DAMIANI BUSTILLOS34 Lourdes Benicia SUÁREZ ANDERSON35 Carmen Auxiliadora ZULETA DE MERCHÁN36 Arcadio de Jesús DELGADO ROSALES37 Calixto Antonio ORTEGA RÍOS38 Andrés Eloy MÉNDEZ GONZÁLEZ39 Manuel Enrique GALINDO BALLESTEROS40 Vladimir PADRINO LÓPEZ41 Tania Valentina DÍAZ GONZÁLEZ42 Fidel Ernesto VÁSQUEZ IRIARTE43 Carolys Helena PÉREZ GONZÁLEZ44 Cilia Adela FLORES DE MADURO45 Erika del Valle FARÍAS PEÑA46 Ramón Darío VIVAS VELASCO47 Christian TYRONE ZERPA48 Fanny Beatriz MÁRQUEZ CORDERO49 Malaquías Gil RODRÍGUEZ50 Indira Maira ALFONZO IZAGUIRRE51 Jhannett María MADRIZ SOTILLO52 Carlos Enrique QUINTERO CUEVAS53 Xavier Antonio MORENO REYES54 Carlos Alberto ROTONDARO COVA55 Manuel Gregorio BERNAL MARTÍNEZ56 Iván Rafael HERNÁNDEZ DALA57 [Repealed, SOR/2019-263, s. 1]58 Hildemaro José RODRÍGUEZ MÚCURA59 Rafael Enrique BASTARDO MENDOZA60 José Miguel DOMÍNGUEZ RAMÍREZ61 Cristian Abelardo MORALES ZAMBRANO62 Franklin GARCÍA DUQUE63 Richard Jesús LÓPEZ VARGAS64 José Miguel MONTOYA RODRÍGUEZ65 Giuseppe Alessandro Martín Alessandrello CIMADEVILLA66 José Adelino ORNELAS FERREIRA67 Carlos Augusto Leal TELLERÍA68 Jorge Alberto ARREAZA MONTSERRAT69 Katherine Nayarith HARRINGTON PADRÓN70 Reinaldo Enrique MUÑOZ PEDROZA71 Alfredo RUIZ ANGULO72 Larry Devoe MÁRQUEZ73 Nelson Reinaldo LEPAJE SALAZAR74 Carlos Erik MALPICA FLORES75 Manuel Ángel FERNÁNDEZ MELÉNDEZ76 Franco SILVA AVILA77 Jorge Elieser MÁRQUEZ MONSALVE78 José RIVAS79 Luis Eduardo ORTEGA MORALES80 Simón Alejandro ZERPA DELGADO81 Manuel Salvador QUEVEDO FERNÁNDEZ82 Víctor Hugo CANO PACHECO83 Adrián Antonio PERDOMO MATA84 Justo José NOGUERA PIETRI85 Gladys REQUENA86 Eduardo PIÑATE87 Earle HERRERA88 María Alejandra DÍAZ89 Marco Antonio MEDINA90 Bárbara Gabriela CÉSAR SIERO91 Inocencio FIGUEROA92 María Carolina AMELIACH VILLARROEL93 Eulalia GUERRERO RIVERO94 Omar José PRIETO FERNÁNDEZ95 Ramón Alonso CARRIZALEZ RENGIFO96 Jorge Luis GARCÍA CARNEIRO97 Rafael Alejandro LACAVA EVANGELISTA98 Caryslia Beatriz RODRIGUEZ RODRIGUEZ (born on July 16, 1967)99 Juan Carlos HIDALGO PANDARES (born on October 20, 1961)100 Rosalba GIL PACHECO (born on March 18, 1965)101 Edward Miguel BRICEÑO CISNEROS (born on March 11, 1986)102 Luis Ernesto DUEÑEZ REYES (born on August 20, 1988)103 Dinorah Yoselin BUSTAMANTE PUERTA (born on January 14, 1975)104 Farik Karin SALCEDO MORA105 Domingo Antonio HERNANDEZ LAREZ (born on March 9, 1965)106 Asdrubal Jose BRITO HERNANDEZ (born on January 6, 1974)107 Elio Ramon ESTRADA PAREDES (born on December 2, 1966)108 Johan Alexander HERNANDEZ LAREZ (born on January 30, 1971)109 Alexander Enrique GRANKO ARTEAGA (born on March 25, 1981)110 Rafael Ramón BLANCO MARRERO (born on February 28, 1968)111 Hannover Esteban GUERRERO MIJARES (born on January 14, 1971)112 Rafael Antonio FRANCO QUINTERO (born on October 14, 1973)113 Ruben Dario SANTIAGO SERVIGNA (born on December 23, 1972)114 Miguel Antonio MUÑOZ PALACIOS (born on July 12, 1964)115 Alexis Jose RODRIGUEZ CABELLO (born on October 1, 1965)116 Javier Jose MARCANO TABATA (born on March 10, 1969)117 Douglas Arnoldo RICO GONZALEZ (born on July 15, 1965 or September 28, 1969)118 Carlos Enrique TERÁN HURTADO119 Carlos Alberto CALDERON CHIRINOS (born on July 3, 1970)120 Florencio Ramón ESCALONA (born on October 27, 1962)121 Leonel Alberto GARCÍA RIVAS (born on May 24, 1983)122 Ronny Fernando GONZÁLEZ MONTESINOS (born on May 14, 1974)123 Manuel Enrique CASTILLO RENGIFO (born on November 24, 1969)124 Jose Ramon FIGUERA VALDEZ (born October 13, 1974)

Related provisions

— SOR/2018-114, s. 2For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette. — SOR/2019-61, s. 26For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette. — SOR/2019-106, s. 2For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette. — SOR/2019-263, s. 2For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette. — SOR/2024-264, s. 6For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette. — SOR/2025-1, s. 2For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette. — SOR/2025-112, s. 2For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.