On April 5, Canada amended its sanctions measures imposed on Belarus.
First, nine Belarusian individuals were designated under Part 1.1 of Schedule 1 which is a discrete section of Schedule 1 for individuals identified by the Government of Canada to be involved in grave breaches of international peace and security and consists of six individuals identified as oligarchs and three Deputy Ministers of the Ministry of Defence.
Second, Canada has prohibited the provision of insurance or reinsurance to or for the benefit of any person in Belarus in relation to any good described in Chapter 88 (Aircraft, spacecraft, and parts thereof) of the Harmonized Commodity Description and Coding System, published by the World Customs Organization, or in relation to technology for a good described in that chapter. An exception provides that existing insurance or reinsurance will not be affected by this prohibition until 30 days after the entry into force.
Third, the export of goods and technologies listed in the “Restricted Goods and Technologies List” (see link below) to Belarus or to any person in Belarus are now prohibited. As well, the amendments include a new Schedule 3 which lists “Partner Countries” to which several specific exceptions apply. The countries listed under Schedule 3 include NATO, EU and other states which have coordinated their sanctions measures imposed on Belarus.
Generally speaking, the new export restrictions, subject to specific exceptions, prohibit any person in Canada or any Canadian outside Canada to:
- export, sell, supply or ship any good, wherever situated, to Belarus or to any person in Belarus if the good is described in the Restricted Goods and Technologies List;
- provide to Belarus or to any person in Belarus any technology that is described in the Restricted Goods and Technologies List.
The exceptions listed in the amendment include:
- goods temporarily exported for use by a representative of the media from Canada or from a partner country referred to in Schedule 3;
- goods for use in support of international nuclear safeguards verifications;
- goods for use by a department or agency of the Government of Canada or of a partner country referred to in Schedule 3;
- goods for use in inspections under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, signed at Paris, France on January 13, 1993, as amended from time to time;
- goods for use in relation to the activities of the International Space Station;
- software updates for end-users that are civilian entities that are owned, held or controlled by a Canadian or a national of a partner country referred to in Schedule 3, or subsidiaries of those entities;
- civil aircraft registered in a foreign state that are departing from Canada after a temporary sojourn in Canada or civil aircraft registered in Canada departing for a temporary sojourn abroad;
- the following goods, if stored on board an aircraft or ship:
- equipment and spare parts that are necessary for the proper operation of the aircraft or ship, or
- usual and reasonable quantities of supplies intended for consumption on board the aircraft or ship during the outgoing and return flight or voyage;
- goods exported for use or consumption on an aircraft or ship that is registered in Canada or the United States;
- goods exported by an air carrier that is owned by a Canadian or a national of the United States for use in the maintenance, repair or operation of an aircraft registered in Canada or the United States;
- consumer communication devices (as defined in the implementing Regulation) that are generally available to the public and designed to be installed by the user without further substantial support; and
- personal effects exported by an individual that are solely for the use of the individual or the individual’s immediate family and are not intended for sale or to remain in Belarus unless consumed there.
Due to ongoing developments in the region, Canada may announce and implement further measures in alignment with its allies in the coming days. We will publish additional articles as measures are announced.
An unofficial copy of the legislative amendments to the Special Economic Measures (Belarus) Regulations that came into effect on April 5th are available on Global Affairs’ website at here.
An unofficial copy of the Restricted Goods and Technologies List is available at here.
