Special Economic Measures (Hamas Terrorist Attacks) Regulations

Contents

Whereas the Governor in Council is of the opinion that the attacks by Hamas against the State of Israel that started on October 7, 2023 constitute a grave breach of international peace and security that has resulted in a serious international crisis;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed Special Economic Measures (Hamas Terrorist Attacks) Regulations under paragraph 4(1)(a) and subsections 4(1.1), (2) and (3) of the Special Economic Measures Act.^note^note^note^note

Definition

1Definition of Minister#

In these Regulations, Minister means the Minister of Foreign Affairs.

List

2Listed person#

A person whose name is listed in the schedule is a person 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 facilitate, support, provide funding for or contribute to an attack or attempted attack by Hamas against the State of Israel or persons in the State of Israel;

(b)a person who has participated in or facilitated gross and systematic human rights violations in relation to an attack or attempted attack referred to in paragraph (a);

(c)an associate of a person referred to in paragraph (a) or (b);

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

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

Prohibitions

3Prohibited dealings and activities#

It is prohibited for any person in Canada and 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;

(e)transfer or provide any property other than goods to a listed person or to a person outside Canada who is not Canadian for the benefit of a listed person; or

(f)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 that the listed person entered into before they 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 transaction necessary for a Canadian to transfer to a person other than a 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 that listed person before they 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 the 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 necessary for a listed person to obtain legal services in Canada regarding the application to them of these Regulations or any order made under the Special Economic Measures Act; and

(g)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.

5Assisting in prohibited activity#

It is prohibited for any person in Canada and 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)banks regulated by the Bank Act and, in respect of their business in Canada, authorized foreign banks as defined in section 2 of 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#

(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

8Removal from list#

(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 the removal to the Governor in Council.

9New application#

If there has been a material change in circumstances since the last application was submitted, a listed 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 the day on which the Minister receives 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 the determination.

Application Before Publication

11Application#

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

12Registration#

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

Persons (Section 2 and subsection 8(1))

Individuals1 Yahya Sinwar (born on October 29, 1962)2 Muhammad Deif (born in 1965)3 Marwan Issa (born in 1965)4 Maher Rebhi Namer Obeid (born on March 10, 1958)5 Jihad Muhamad Shaker Yaghmour (born on July 15, 1967)6 Nizar Mohammad Awadallah (born on December 21, 1975)7 Mahmoud al-Zahar (born on May 6, 1945)8 Hassan al-Wardian (born on December 28, 1954)9 Ayman Nofal (born on May 13, 1975)10 Akram al-Jouri (born in 1958)11 Aiman Ahmad al-Duwaik (born on September 24, 1962)12 Khaled Qaddoumi13 Ali Morshed Shirazi (born on February 7, 1969)14 Mostafa Mohammad Khani (born on July 23, 1961)15 Ali Ahmad Faizullahi16 Abdelbasit Hamza Elhassan Mohamed Khair (born on August 28, 1955)17 Muhammad Ahmad Abd Al-Dayim Nasrallah (born on October 3, 1964)18 Ahmed M. M. Alaqad (born on November 21, 1978)19 Nasser Al Sheikh Ali (born on May 24, 1970)20 Samir ‘Abd Al-Muin ‘Abd Hirzallah (born on January 11, 1978)21 Thair Abd Al Raziq Shukri Hirzallah (born on October 14, 1974)22 Muhammad Fallah Kamil Hirzallah (born on September 9, 1989)23 Na’im Kamil Raghib Hirzallah (born on September 16, 1966)24 Salah Kamil Raghib Hirzallah (born on January 8, 1960)25 Musa Muhammad Salim Dudin (born on June 12, 1972)26 Amer Kamal Sharif Alshawa (born on April 29, 1964)27 Walid Mohammed Mustafa Jadallah (born on January 1, 1958)28 Ahmed Sadu Jahleb (born on December 23, 1976)29 Zuhair Shamlakh (born on November 15, 1980)30 Alaa Shamlakh (born on April 7, 1974)31 Ahmed Shamlakh (born on February 9, 1986)32 Imad Shamlakh (born on May 19, 1972)33 Nabil Khaled Halil Chouman (born on September 1, 1954)34 Khaled Chouman (born on April 2, 1987)35 Reda Ali Khamis (born on September 20, 1967)Entities1 Herzallah Exchange and General Trading Company LLC2 Samir Herzallah and Brothers for Money Exchange and Remittances3 Al-Markaziya Li-Siarafa4 Nabil Chouman & Co.

Related provisions

— SOR/2024-87, s. 3For 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/2024-153, s. 3For 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/2024-178, s. 3For 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.