Regulations Amending the Special Economic Measures (Belarus) Regulations: SOR/2024-167

Canada Gazette, Part II, Volume 158, Number 18

Registration
SOR/2024-167 August 8, 2024

SPECIAL ECONOMIC MEASURES ACT

P.C. 2024-930 August 8, 2024

Whereas the Governor in Council is of the opinion that the situation in the Republic of Belarus constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis;

Whereas the Governor in Council is of the opinion that gross and systematic human rights violations have been committed in the Republic of Belarus;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed Regulations Amending the Special Economic Measures (Belarus) Regulations under paragraph 4(1)(a)footnote a and subsections 4(1.1)footnote b, (2)footnote c and (3) of the Special Economic Measures Act footnote d.

Regulations Amending the Special Economic Measures (Belarus) Regulations

Amendments

1 Part 1 of Schedule 1 to the Special Economic Measures (Belarus) Regulations footnote 1 is amended by adding the following in numerical order:

2 Part 1.1 of Schedule 1 to the Regulations is amended by adding the following in numerical order:

3 Part 2 of Schedule 1 to the Regulations is amended by adding the following in numerical order:

4 Part 3 of Schedule 1 to the Regulations is amended by adding the following in numerical order:

Application Before Publication

5 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

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Background

Gross and systematic human rights violations

Context

On August 9, 2020, the Republic of Belarus held presidential elections marred by widespread irregularities. Under the direction of incumbent President Alexander Lukashenko, the Government of Belarus led a systematic campaign of repression during the lead-up to the vote and through the conduct of the election itself. It also used state-sponsored violence against the people of Belarus in an effort to suppress anti-government protests. Since the 2020 election, Human Rights Watch, Amnesty International, the Office of the United Nations Human Rights Commissioner, the Viasna Human Rights Centre and the Organization for Security and Co-operation in Europe (OSCE) have all reported numerous human rights violations. At the same time, numerous reputable human rights organizations in Belarus, including the Viasna Human Rights Centre, have been forced to close.

Numerous violations of international human rights law continue to be committed in Belarus. These violations include arbitrary arrests, prolonged arbitrary detentions, brutality, intimidation and the excessive use of force against peaceful protestors. There have also been credible allegations of the use of torture and sexual violence against those unjustly detained. Individuals are wrongfully prosecuted and sentenced to lengthy prison sentences. In addition, there are undue restrictions on the rights to freedom of expression, peaceful assembly and freedom of association.

Authorities have sentenced several prominent Belarusian activists, including 2022 Nobel Peace Prize recipient Ales Bialiatski and exiled opposition leader Sviatlana Tsikhanouskaya, to prison terms. Authorities have also conducted mass raids of properties linked to opposition activists (November 2023), 2020 election observers (December 2023), and former political prisoners and their families (January 2024). As of July 2024, six political prisoners are known to have died in Belarusian prisons, with many more held incommunicado.

Belarusian authorities continue to employ aggressive rhetoric towards the opposition, refuse to engage in dialogue and reject calls for new presidential elections. There is no indication that the Government of Belarus is genuinely committed to finding a negotiated solution with opposition groups, nor in ensuring accountability for those responsible for gross and systematic human rights violations. Appropriate steps to restore democratic rights or to address ongoing human rights violations have also not been taken.

International response

The international community’s response to the fraudulent elections and gross and systematic human rights violations included the imposition of visa restrictions on Belarusian officials, targeted sanctions, engagement with the Belarusian opposition and financial support to Belarusian opposition organizations. The International Accountability Platform for Belarus was established, and the international community further engaged through multilateral organizations like the United Nations Human Rights Council and the OSCE. On two occasions, participating states of the OSCE invoked the organization’s Moscow Mechanism, effectively establishing an ad hoc mission to investigate concerns of human rights abuses in Belarus. This was done in September 2020 in response to credible reports of human rights violations related to the 2020 presidential election and in March 2023 in response to an increase in the suppression of opposition and civil society voices. The subsequent reports concurred with the concerns of the ad hoc mission and made several recommendations that highlighted human rights abuses, including judicial shortcomings, arbitrary detentions, as well as suppression of civil society and free speech. On July 11, 2024, 38 OSCE States invoked the Vienna Human Dimension Mechanism regarding Political Prisoners in Belarus, raising ongoing concern for and seeking further information on the status of Belarusians who have opposed the anti-democratic behaviour of the Lukashenko regime.

Canada’s response

Canada did not recognize the results of the 2020 presidential elections, which were considered fraudulent and unconstitutional. In response to the gross and systemic human rights violations being committed in Belarus, the Governor in Council approved the Special Economic Measures (Belarus) Regulations (the Belarus Regulations) on September 28, 2020, under the Special Economic Measures Act (SEMA). Since then, Canada’s sanctions against Belarus have targeted Belarusian authorities involved in the oppression of Belarusians demanding free and fair elections, as well as respect for human rights and the rule of law, including current or former senior government officials, security forces, public prosecutors, members of the judiciary and administrators of penal and “education” colonies. These sanctions impose dealings prohibitions (an effective asset freeze) on listed individuals and entities and prohibit any person in Canada or any Canadian outside Canada from dealing in the property of, entering into transactions with, providing services to, or otherwise making goods available to the listed persons.

Canada has engaged directly with the Government of Belarus and with the international community to address the ongoing repression and human rights violations in Belarus, including in multilateral forums such as the OSCE, the Media Freedom Coalition, the Freedom Online Coalition and the International Accountability Platform for Belarus.

Violation of Ukraine’s sovereignty and territorial integrity

Context

The Government of Belarus has contributed to Russia’s invasion of Ukraine. Russia and Belarus began a joint military exercise in mid-February 2022, which enabled the buildup of 150 000 to 190 000 Russian troops on the Belarusian border with Ukraine. On February 20, 2022, Russia extended the joint military exercise and announced that Russian troops would not leave Belarus. On February 24, 2022, without provocation, Russian forces initiated a comprehensive invasion of Ukraine, including from Belarusian territory. On February 27, 2022, the Government of Belarus passed a fraudulent amendment to Belarus’s Constitution that removed Article 18, which pledged to “make its territory a nuclear-free zone and a neutral state.” This move has paved the way for Belarus to host Russian nuclear weapons to the extent that in the spring of 2023, Russian President Vladimir Putin announced the transfer of tactical nuclear weapons to Belarus. Belarusian forces continue to be deployed to the border of Ukraine. Although they have yet to enter Ukraine, the threat of direct entry of Belarusian forces as Russia’s ally effectively pins down elements of the Armed Forces of Ukraine, making it difficult for Ukraine to transfer additional reserves to other fronts to defend against Russian troops.

Russia and Belarus have confirmed their joint determination to counter the sanctions of Canada and its partners while seeking greater cooperation with third countries such as North Korea and Iran, including facilitating trilateral cooperation between Russia and North Korea to increase the provision of armaments to be used against Ukraine. The Belarusian and Russian Ministries of Defence signed a 2024 cooperation plan to advance military cooperation between Belarus and Russia and to set up combat training centres for the joint training of military personnel of Belarus. In May 2024, joint Belarus–Russia air force and air defence exercises were announced. Various Belarusian forces participated, including the Air Force, anti-aircraft missile troops and radio engineering troops.

International response

On February 24, 2022, G7 Leaders condemned the invasion of Ukraine, directed partly from Belarusian soil. The OSCE has expressed grave concern about Belarus’s role in the invasion of Ukraine. In a joint statement from 45 participating states, including Canada, OSCE Member States welcomed an independent experts’ report that confirmed patterns of International Humanitarian Law (IHL) violations by Russian forces, supported by Belarus. On July 10, 2024, at the North Atlantic Treaty Organization (NATO) Summit in Washington, D.C., Leaders urged all countries not to provide any form of assistance to Russia’s aggression and condemned all those who are facilitating and thereby prolonging Russia’s war in Ukraine. NATO Leaders stated that Belarus continues to enable Russia’s war by making available its territory and infrastructure. Leaders further stated that Russia’s deepening political and military integration of Belarus, including the deployment of advanced Russian military capabilities and personnel, has negative implications for regional stability and the defence of the Alliance.

Canada’s response

The Government of Canada has enacted a number of punitive measures against Belarus for its support of Russia’s war. In March 2022, Canada expanded the scope of the Belarus Regulations to include the authority to sanction persons engaged in activities that support the violation of the sovereignty or territorial integrity of Ukraine or that obstruct the work of international organizations in Ukraine. Since then, Canada’s sanctions against Belarus have included senior members of the Belarusian government, senior military officials, oligarchs and their family members, entities operating in the military, technology and engineering sectors, as well as state-owned enterprises and banks. In addition, Canada has implemented targeted import and export restrictions against Russia and Belarus in financial, trade (goods and services), energy and transport sectors.

Objective

  1. Communicate a clear message to the Government of Belarus that Canada will not accept that gross and systematic human rights violations continue to take place at the hands of the State with impunity.
  2. Undermine Belarus’s assistance to Russia in violating Ukraine’s sovereignty and territorial integrity.

Description

The Regulations Amending the Special Economic Measures (Belarus) Regulations (the amendments) add 16 persons to Schedule 1 of the Belarus Regulations who are subject to a broad dealings ban.

In response to the ongoing gross and systematic violations of human rights occurring in Belarus, the amendments list six current or former members of the judiciary involved in arbitrary detentions, arrests, prosecutions and sentencing of Belarusians protesting the fraudulent elections; a state-owned enterprise that has suppressed its employees’ rights to peaceful assembly and association; and a family member of the Belarusian President Lukashenko.

In response to Belarus’s support for Russia’s violation of Ukraine’s sovereignty and territorial integrity, the amendments list three current or former senior government officials and five entities involved in the Belarusian defence and military-industrial complex.

Any person in Canada or Canadian outside Canada is thereby prohibited from dealing in the property of, entering into transactions with, providing services to, transferring property to, or otherwise making goods available to listed persons. These measures will also render listed individuals inadmissible to Canada under the Immigration and Refugee Protection Act. Under the Belarus Regulations, listed persons may apply to the Minister of Foreign Affairs (the Minister) to have their name removed from the schedule of designated persons. The Minister must determine whether there are reasonable grounds to make a recommendation to the Governor in Council for removal.

Regulatory development

Consultation

Global Affairs Canada regularly engages with relevant stakeholders, including civil society organizations, cultural communities and other like-minded governments, regarding Canada’s approach to sanctions implementation.

With respect to the amendments, public consultation would not have been appropriate. Publicizing the names of the persons targeted by sanctions would also have potentially resulted in asset flight prior to the coming into force of the amendments.

Modern treaty obligations and Indigenous engagement and consultation

An initial assessment of the geographical scope of the Belarus Regulations was conducted and did not identify any modern treaty obligations, as the Regulations do not take effect in a modern treaty area.

Instrument choice

Regulations are the sole method to enact sanctions in Canada. No other instrument could be considered.

Regulatory analysis

Benefits and costs

The incremental cost to the Government of Canada to administer and enforce these additional prohibitions is minimal. Sanctions targeting specific individuals and entities have less impact on Canadian businesses than traditional broad-based economic sanctions and have limited impact on the citizens of the country of the listed individuals and entities. Based on the initial assessment of available open-source information, it is believed that the newly listed individuals and entities have limited linkages with Canada and, therefore, do not have business dealings that are significant to the Canadian economy.

Given the limited trade with Belarus and sanctions already in place, it is unlikely that these additional sanctions targeting would have any significant impact on Canadians, Canadian businesses, or Canada’s commercial interests overall.

Canadian banks and financial institutions are required to comply with sanctions. They will do so by adding the newly listed individuals and entities to their existing monitoring systems, which may result in a compliance cost.

Small business lens

Analysis under the small business lens concluded that the amendments could impact Canadian small businesses. The Belarus Regulations prohibit Canadian businesses from dealing with, providing services to, or otherwise making goods available to listed persons, but do not create any direct administrative obligations on businesses. While Canadian businesses may seek permits under the Belarus Regulations, Global Affairs Canada does not anticipate any applications resulting from listing these persons; thus, there would be no incremental administrative burden arising from this requirement. Canadian small businesses are also subject to the duty to disclose under the Belarus Regulations, which would represent a direct compliance requirement. However, as the newly listed persons have limited known linkages with Canada, Global Affairs Canada does not anticipate any disclosures resulting from the amendments.

One-for-one rule

The one-for-one rule does not apply as there is no incremental change in the administrative burden on businesses. The permitting process for businesses meets the definition of “administrative burden” in the Red Tape Reduction Act; however, while permits may be granted under the Belarus Regulations, on an exceptional basis, given the minimal level of trade with Belarus, Global Affairs Canada does not anticipate any permit applications with respect to the amendments.

Regulatory cooperation and alignment

While the amendments are not related to a work plan or commitment under a formal regulatory cooperation forum, they align with actions taken by Canada’s international partners. Sanctions are most effective when they are applied in a coordinated manner.

Strategic environmental assessment

The amendments are unlikely to result in important environmental effects. In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

The subject of economic sanctions has previously been assessed for effects on gender and diversity. Although intended to facilitate a change in behaviour through economic pressure on individuals and entities in foreign states, sanctions under the SEMA can nevertheless have an unintended impact on certain vulnerable groups and individuals. Rather than affecting Belarus as a whole, these targeted sanctions impact persons believed to be engaged in gross and systematic human rights violations and persons believed to be engaged in activities that directly or indirectly support, provide funding for or contribute to a violation of the sovereignty or territorial integrity of Ukraine. Therefore, these sanctions are unlikely to have a significant impact on vulnerable groups as compared to traditional broad-based economic sanctions directed toward a state.

Implementation, compliance and enforcement, and service standards

The amendments come into force on the day on which they are registered.

Consequential to being listed in the Belarus Regulations, and pursuant to the application of paragraph 35.1(b) of the Immigration and Refugee Protection Act, the listed individuals would be inadmissible to Canada.

The names of the listed individuals and entities will be available online for financial institutions to review and will be added to the Consolidated Canadian Autonomous Sanctions List. This will help to facilitate compliance with the Belarus Regulations.

The Department’s Trade Commissioner Service abroad and in Canada continues to assist clients in understanding Canadian sanctions regulations, and notably the impact of the Belarus Regulations on any activities in which Canadians may be engaged. The Department is also increasing outreach efforts across Canada, including engaging with businesses, universities, and provincial and territorial governments, to enhance national awareness of and compliance with Canadian sanctions.

Under the SEMA, both Royal Canadian Mounted Police and Canada Border Services Agency officers have the power to enforce sanctions violations through their authorities as defined under the Customs Act, the Excise Act or the Excise Act, 2001, and sections 487 to 490, 491.1 and 491.2 of the Criminal Code.

In accordance with section 8 of the SEMA, every person who knowingly contravenes or fails to comply with the Belarus Regulations is liable, upon summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both; or, upon conviction on indictment, to imprisonment for a term of not more than five years.

Contact

Sanctions Bureau (PSD)
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone (local): 343‑203‑3975
Telephone (toll-free): 1‑833‑352‑0769
Fax: 613‑995‑9085
Email: sanctions@international.gc.ca