Regulations Amending the Special Economic Measures (Belarus) Regulations
Whereas the Governor in Council is of the opinion that gross and systematic human rights violations have been committed in Belarus;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to subsections 4(1)Footnote a, (1.1)Footnote b, (2) and (3) of the Special Economic Measures ActFootnote c, makes the annexed Regulations Amending the Special Economic Measures (Belarus) Regulations.
Regulations Amending the Special Economic Measures (Belarus) Regulations
Amendments
1 The portion of section 2 of the Special Economic Measures (Belarus) RegulationsFootnote 1 before paragraph (a) is amended by replacing “the schedule” with “Schedule 1”.
2 The Regulations are amended by adding the following after section 3:
Transferable securities and money market instruments
3.1 It is prohibited for any person in Canada or any Canadian outside Canada to, directly or indirectly, deal in transferable securities and money market instruments, including treasury bills, certificates of deposit and commercial papers but not including instruments of payment, issued by
(a) Belarus;
(b) Belarusbank, Belinvestbank, Belagroprombank or any other organization controlled by Belarus; or
(c) a person acting on behalf of or at the direction of an entity referred to in paragraph (a) or (b).
Debt financing — 90 days
3.2 It is prohibited for any person in Canada or any Canadian outside Canada to, directly or indirectly, transact in, provide financing for or otherwise deal in debt of longer than 90 days’ maturity, including bonds, loans, debentures, extensions of credit, loan guarantees, letters of credit, bank drafts, bankers’ acceptances, discount notes, treasury bills, commercial paper and other similar instruments in relation to
(a) Belarus;
(b) Belarusbank, Belinvestbank, Belagroprombank or any other organization controlled by Belarus; or
(c) a person acting on behalf of or at the direction of an entity referred to in paragraph (a) or (b).
Insurance and reinsurance
3.3 It is prohibited for any person in Canada or any Canadian outside Canada to, directly or indirectly, provide insurance or reinsurance to
(a) Belarus or an organization controlled by Belarus; or
(b) a person acting on behalf of or at the direction of an entity referred to in paragraph (a).
Petroleum products
3.4 It is prohibited for any person in Canada or any Canadian outside Canada
(a) to import, purchase, acquire, ship or otherwise deal in any good referred to in Part 1 of Schedule 2, wherever situated, that is exported from Belarus;
(b) to provide to Belarus or to any person in Belarus any financial, technical or other services related to any good referred to in paragraph (a); or
(c) to provide to Belarus or to any person in Belarus any insurance or reinsurance related to any good referred to in paragraph (a).
Potassium chloride
3.5 It is prohibited for any person in Canada or any Canadian outside Canada to import, purchase, acquire, ship or otherwise deal in any good referred to in Part 2 of Schedule 2, wherever situated, that is exported from Belarus.
3 The portion of section 4 of the Regulations before paragraph (a) is replaced by the following:
(1) Sections 3 to 3.5 do not apply in respect of
4 Section 8 of the English version of the Regulations is amended by replacing “the schedule” with “Schedule 1”.
5 The schedule to the Regulations is numbered as Schedule 1.
6 The Regulations are amended by adding, after Schedule 1, the Schedule 2 set out in the schedule to these Regulations.
Transitional Provisions
7 Sections 3.1 to 3.3 of the Special Economic Measures (Belarus) Regulations, enacted by section 2, do not apply in respect of activities that were undertaken before the day on which this section comes into force.
8 Sections 3.4 and 3.5 of the Special Economic Measures (Belarus) Regulations, enacted by section 2, do not apply to goods or services if a contract for the import, purchase, acquisition or shipment of or other dealing with the goods or for the provision of the services is entered into before the day on which this section comes into force.
Application Before Publication
9 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
10 These Regulations come into force on the day on which they are registered.
SCHEDULE
(Section 4)
SCHEDULE 2
(Paragraph 3.4(a) and section 3.5)
PART 1
Petroleum Products
1 Petroleum oils and oils obtained from bituminous minerals (excluding crude oil); preparations containing at least 70% by weight of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, not elsewhere included or specified; waste oils containing mainly petroleum or bituminous minerals
2 Petroleum gas and other gaseous hydrocarbons
3 Petroleum jelly, paraffin wax, micro-crystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, and similar products obtained by synthesis or by other processes, whether or not coloured
4 Petroleum coke, petroleum bitumen and other residues of petroleum oil or of oil obtained from bituminous minerals, not elsewhere included or specified.
5 Bituminous mastics, cutback bitumen and other bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch
PART 2
Potassium Chloride
1 Potassium chloride with a potassium content evaluated as K2O, by weight not exceeding 40% on the dry anhydrous product
2 Potassium chloride with a potassium content evaluated as K2O, by weight exceeding 62% on the dry anhydrous product
3 Mineral or chemical fertilizers containing the three fertilizing elements nitrogen, phosphorus and potassium
4 Mineral or chemical fertilizers containing the two fertilizing elements phosphorus and potassium
5 Other fertilizers containing potassium chloride
