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On November 5, 2014, the Canada Gazette published the Special Economic Measures (South Sudan) Regulations (SOR/2014-235, October 24, 2014) and the Special Economic Measures (South Sudan) Permit Authorization Order (SOR/2014-236, October 24, 2014) pursuant to the Special Economic Measures Act. The Special Economic Measures (South Sudan) Regulations impose targeted sanctions against persons engaged in activities that directly or indirectly facilitate, support, provide funding for or con¬tribute to a violation or attempted violation of the Cessation of Hostilities Agreement, mediated by the Intergovernmental Authority on Development (IGAD).
The Regulations establish a list of two individuals. The category for listing is established in section 2 of the Regulations.
The Regulations prohibit any person in Canada and any Canadian outside Canada from
• dealing in any property, wherever situated, held by or on behalf of a designated person;
• entering into or facilitating, directly or indirectly, any trans¬action related to such a dealing;
• providing any financial or related service in respect of such a dealing;
• making goods, wherever situated, available to a designated per¬son; and
• providing any financial or related service to or for the benefit of a designated person.
Exceptions to the above-noted prohibitions are available for the following:
• 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;
• Pension payments to any person in Canada or any Canadian outside Canada;
• 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 by international organizations with diplomatic status, agencies of the United Nations, the International Red Cross and Red Crescent Movement, or Canadian non-governmental organizations that have entered into a grant or contribution agreement with the Department of Foreign Affairs, Trade and Development;
• Transactions necessary for a Canadian to transfer to a non-designated person any accounts funds or investments of a Canadian held by a designated person on the day on which that person became designated;
• Financial services required in order for a designated person to obtain legal services in Canada with respect to the application of any of the prohibitions in the Regulations; and
• Loan repayments made to any person in Canada or any Canadian abroad in respect of loans entered into before the coming into force of the Regulations, enforcement of security in respect of those loans, or payments by guarantors guaranteeing those loans.
The Special Economic Measures (South Sudan) 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, with a designated person that is otherwise restricted or prohibited pursuant to the Regulations.
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