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Special Economic Measures (Hamas Terrorist Attacks) Regulations

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)a and subsections 4(1.1)b, (2)c and (3) of the Special Economic Measures Actd.

a S.C. 2022, c. 10, s. 438(1)

b S.C. 2017, c. 21, s. 17(2)

c S.C. 2023, c. 26, ss. 254(2) to (4)

d S.C. 1992, c. 17

Definition

Definition of Minister

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

List

Listed person

2 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

Prohibitions

Prohibited dealings and activities

3 It is prohibited for any person in Canada and any Canadian outside Canada to

Non-application

4 Section 3 does not apply in respect of

Assisting in prohibited activity

5 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.

Duty to determine

6 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:

Duty to disclose

7 (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

Immunity

(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

Removal from list

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

Reasonable grounds

(2) On receipt of an application, the Minister must decide whether there are reasonable grounds to recommend the removal to the Governor in Council.

New application

9 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.

Mistaken identity

10 (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.

Determination by Minister

(2) Within 30 days after the day on which the Minister receives the application, the Minister must

Application Before Publication

Application

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

Registration

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

SCHEDULE

(Section 2 and subsection 8(1))

Persons

  1. 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)
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