Canadian Sanctions Related to Haiti

Prohibitions

Sanctions related to Haiti have been enacted under the Special Economic Measures Act and the United Nations Act in response to the activities of criminal gangs and those who support them in fomenting violence and insecurity. This constitutes an ongoing grave breach to international peace and security that has resulted in a serious international crisis in addition to acts of significant corruption. On November 3, 2022, the Special Economic Measures (Haiti) Regulations came into force. On November 10, 2022, the Regulations Implementing the United Nations Resolution on Haiti came into force.

The Special Economic Measures (Haiti) Regulations impose a dealings prohibition, an effective asset freeze, on listed persons. The Regulations prohibit any person in Canada and any Canadian outside Canada from:

• dealing in property, wherever situated, that is owned, held or controlled by a listed person or a person acting on behalf of a listed person;
• entering into or facilitating any transaction related to a dealing prohibited by these Regulations;
• providing any financial or related services in respect of a dealing prohibited by these Regulations;
• making available any goods, wherever situated, to a listed person or a person acting on behalf of a listed person; and
• providing any financial or other related services to or for the benefit of a listed person.

Causing, facilitating or assisting in prohibited activities is likewise prohibited.

The individuals listed in Parts 2 and 3 of Schedule 1 to the Haiti SEMA Regulations are also inadmissible to Canada under the Immigration and Refugee Protection Act.

Sanctions under the Regulations Implementing the United Nations Resolution on Haiti implement the United Nations sanctions on Haiti as decided by the Security Council of the United Nations in Security Council Resolution 2653 (2022). Ongoing restrictions on dealings with Haiti under the Haiti UN Regulations pursuant to Resolution 2653 include:

• A freeze on all funds, other financial assets and economic resources within Canada which are owned or controlled, directly or indirectly, by any designated individuals or entities, or by any individuals or entities acting on their behalf or at their direction, or by entities owned or controlled by them; and
• An arms embargo on any designated individuals or entities.

In accordance with Resolution 2653, Canada imposes travel restrictions against persons listed by the Security Council, which are implemented in Canada via the Immigration and Refugee Protection Act.

Exceptions

The above-noted asset freeze and dealings prohibitions under the Special Economic Measures (Haiti) Regulations do not apply to the following activities or transactions:

• payments made by or on behalf of designated persons pursuant to contracts entered into prior to the coming into force of the Regulations, provided that the payments are not made to or for the benefit of a designated person;
• payments made by or on behalf of a listed person pursuant to contracts entered into prior to the coming into force of the Regulations, provided that the payments are not made to a listed person or to a person acting on behalf of a listed person;
• 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 listed;
• 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 repayments by guarantors guaranteeing those loans;
• 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 repayments by guarantors guaranteeing those loans;
• pension payments to any person in Canada or any Canadian outside Canada;
• 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;
• transactions in respect of accounts at financial institutions held by diplomatic missions, provided that the transaction is required in order for the mission to fulfill its diplomatic functions under the Vienna Convention on Diplomatic Relations, or transactions required in order to maintain the mission premises if the diplomatic mission has been temporarily or permanently recalled;
• transactions with any international organization with diplomatic status, agencies of the United Nations, the International Red Cross and Red Crescent Movement, or with any entity that has entered into a grant or contribution agreement with Foreign Affairs, Trade and Development Canada; and
• transactions by the Government of Canada that are provided for in any agreement or arrangement between Canada and Haiti.

On June 19, 2023, the Regulations Implementing the United Nations Resolution on Haiti were amended to allow the provision, processing or payment of funds, other financial assets or economic resources or the provision of goods and services that are necessary to ensure the timely delivery of urgently needed humanitarian assistance or to support other activities related to basic human needs, if provided by specified groups. These changes are the result of United Nations Security Council Resolution 2664 (2022), which created a carve-out for the delivery of humanitarian assistance in all current UN sanctions regimes that impose asset freezes.

Permits and Certificates

A separate Special Economic Measures (Haiti) Permit Authorization Order made pursuant to subsection 4(4) of the Special Economic Measures Act authorizes the Minister of Foreign Affairs to issue to any person in Canada and any Canadian outside Canada a permit to carry out a specified activity or transaction, or any class of activity or transaction, that is otherwise restricted or prohibited pursuant to the Regulations.

Under the Haiti UN Regulations, the Minister of Foreign Affairs may issue a certificate to authorize an activity restricted by the regulations, on a case-by-case basis, provided that the requirements of Resolution 2653 are strictly respected. The requirements may include obtaining the approval of the Security Council in advance.

Background

Over the past few years, Haiti has faced important barriers to its development and stability. The country is confronted with unrelenting insecurity and criminality, political turmoil and endemic corruption. This situation is exacerbated by several other key factors, including: 1) the country’s vulnerability to national disasters and climate change, 2) high rates of severe food security (over 46% of the population), and; 3) public health emergencies, particularly COVID-19 and more recently cholera.

The security and humanitarian crisis continues to be of concern. Armed gangs have killed, injured and committed acts of sexual violence as a deliberate means to terrorize and subjugate the population and to expand territorial control.

In response to the ongoing humanitarian crisis and atrocities perpetuated against Haitians on a daily basis, particularly women and girls, on November 3, 2022, the Special Economic Measures (Haiti) Regulations entered into force, listing two individuals in the Schedule in the Regulations. These sanctions target the political and economic elite who provide illicit financial and operational support to armed gangs.

On November 10, 2022, the Regulations Implementing the United Nations Resolutions on Haiti came into force. These regulations will implement the decisions of the United Nations Security Council (UNSC). On October 21, 2022, the UNSC adopted by consensus resolution 2653, which imposes a sanctions regime on Haiti, including a targeted assets freeze, travel ban and arms embargo. The measures target individuals engaging in, or supporting criminal activities and violence involving armed groups and criminal networks that promote violence. This includes the forcible recruitment of children by groups and networks, kidnappings, trafficking in persons and the smuggling of migrants, and homicides and sexual and gender-based violence. The resolution establishes a UNSC Sanctions Committee, supported by a panel of experts, who will be responsible for identifying individuals and entities that should be the subject of sanctions. Pursuant to the regulations referenced above, these individuals will be automatically sanctioned by Canada.

In line with the sustained response to the ongoing humanitarian crisis and atrocities perpetuated against Haitians on a daily basis, particularly women and girls, on November 17, 2022, the Special Economic Measures (Haiti) Regulations were amended, listing six additional individuals in the Schedule in the Regulations. These sanctions target the political elite who use their position and influence to support criminal armed gangs spreading terror and violence in Haiti.

On December 2, 2022, the Special Economic Measures (Haiti) Regulations were amended, listing three additional individuals in the Schedule in the Regulations. These sanctions target the economic elite who use their influence and resources to support criminal armed gangs spreading terror and violence in Haiti.

Endemic corruption continues to fuel the current multi-dimensional crisis and instability in Haiti. On December 15, 2022, the Special Economic Measures (Haiti) Regulations were further amended listing two additional individuals who have engaged in significant acts of corruption. Endemic corruption also continues to undermine confidence in public institutions and is contributing to a climate of impunity for criminality and other egregious conduct. The current regulations target two former ministers who have engaged in significant acts of corruption such as fraud, drug trafficking as well as embezzlement and mismanagement of funds.

On January 12, 2023, the Special Economic Measures (Haiti) Regulations were further amended listing two additional individuals who have also engaged in significant acts of corruption. The current regulations target members of the economic and political elite who have engaged in activities such as drug trafficking, weapons smuggling and providing operational support, including in the form of weapons, to gangs.

On February 15, 2023, the Special Economic Measures (Haiti) Regulations were further amended listing two additional individuals who have also engaged in significant acts of corruption. The current regulations target members of the economic and political elite who have engaged in activities such as large-scale fraud, mismanagement of public funds and arms trafficking.

On March 23, 2023, the Special Economic Measures (Haiti) Regulations were further amended listing two additional individuals who have also engaged in significant acts of corruption. The current regulations target members of the economic and political elite who have engaged in activities such as orchestrating attacks as well as providing support, particularly in the form of weapons to gangs.

On June 13, 2023, the Special Economic Measures (Haiti) Regulations were further amended listing two additional individuals who have also engaged in significant acts of corruption. The current regulations target members of the political elite who have been implicated in egregious conduct, such as kidnapping, illegal trafficking of firearms and drugs, customs fraud as well as providing support, particularly in the form of weapons to gangs.

On June 21, 2023, the Special Economic Measures (Haiti) Regulations were further amended listing four additional individuals in response to gross and systematic human rights violations. The current regulations target individuals who use their position as gang leaders and or members of the elite to inflict gratuitous violence on the Haitian population, including sexual violence, with a callous disregard for international norms and standards related to human rights. Gangs, who operate under the protection of political interest groups, perpetrate gang rape, murder, and kidnapping for ransom with total impunity.

On September 20, 2023, the Special Economic Measures (Haiti) Regulations were further amended listing three additional individuals who are fueling the violence and instability in Haiti by engaging in significant acts of corruption. The current regulations target members of the economic elite who have engaged in activities which undermined confidence in public institutions and fostered a climate of impunity for impropriety, criminality and other egregious conduct.

Selected documents

Related links

• United Nations Security Council – Background on Resolution 2653 (2022)
• Export and Import Controls
• Canada-Haiti relations

Legal advice

Please be advised that Global Affairs Canada cannot provide legal advice to members of the public. For this reason, we cannot deliver an opinion as to whether or not a specific activity or transaction would contravene sanctions legislation. You should consider seeking legal advice in relation to an activity that may contravene a Canadian sanction law.