On 5 December 2022, Canada will: Special Economic Measures (Haiti) Regulations (“Regulations”) in response to “the pernicious practice of Haitian elites in providing illegal financial and operational support to armed gangs.” and entered into force on December 2, 2022.
There are currently 11 individuals listed under the table of rules. All of the newly listed individuals are believed to be using their positions to “protect and enable illegal activities of armed criminal groups, including money laundering and other corrupt practices.”
Generally speaking, a listing under the regulatory schedule imposes a trading ban, effectively an asset freeze, on the listed party. Canadians in or outside of Canada cannot:
- Transactions in any property owned, held or controlled, directly or indirectly, by the named person, wherever located.
- initiate or facilitate any transaction related to such transaction;
- provide financial or other related services in connection with such transactions;
- Make the products available to any person listed or acting on their behalf, wherever they are located.Also
- provide financial or related services to or for the benefit of the persons named;
This is part of the rules implemented in response to Haitian gangs and their supporters who are committing “unspeakable violence” against those affected and “impeding the delivery of critical services and humanitarian aid.” Second fix. Regulations are enacted in addition to Regulations Implementing UN Resolutions Concerning Haiti, Implementing UN Security Council Decisions Pursuant to Resolution 2653.
Businesses must continuously assess their compliance with sanctions in this changing legal landscape.Regulations enacted under Economic Special Measures Law Requires Canadian Persons and Canadian Citizens to disclose to the RCMP certain property owned by persons listed in the table and related transaction information. In addition, certain entities have ongoing obligations to determine and disclose certain property held by listed persons.
Unofficial copy of law change Special Economic Measures (Haiti) Regulations Effective December 2, 2022, the rule is available on the Global Affairs Canada website here.
