Special Economic Measures (Burma) Regulations

Document Properties

  • Type of Publication: Notice
  • Date:   July 6, 2018

This Notice is directed to the attention of all banks, authorized foreign banks, trust and loan companies, cooperative credit societies, cooperative retail associations, life insurance companies, property and casualty insurance companies and fraternal benefit societies (FRFIs).

On June 25, 2018, the Governor in Council enacted the Regulations Amending the Special Economic Measures (Burma) Regulations under the Special Economic Measures Act (SEMA). The following is a link to information provided by Global Affairs Canada.

https://www.canada.ca/en/global-affairs/news/2018/06/canada-imposes-further-sanctions-in-response-to-ongoing-crisis-in-myanmar.html

The Regulations will be published in the Canada Gazette on a later date, but came into effect on June 25, 2018, the date they were registered.

The Regulations, as amended, have added seven individuals to the list of designated persons subject to asset freeze and dealings prohibitions. Specifically, the Regulations prohibit any person in Canada and any Canadian outside Canada from:

  1. dealing in any property, wherever situated, held by or on behalf of a designated person;
  2. entering into or facilitating any transaction related to a dealing referred to in paragraph (a);
  3. providing any financial or related service in respect of a dealing referred to in paragraph (a);
  4. making any goods, wherever situated, available to a designated person; or
  5. providing any financial or related service to or for the benefit of a designated person.

The Regulations further stipulate that FRFIs must determine, on a continuous basis, whether they are in possession or control of property owned or controlled by or on behalf of a designated person.

OSFI expects that FRFIs will continue to implement the necessary measures to search for the names of designated persons and freeze assets in accordance with the SEMA (Burma) Regulations. As with other searching and reporting requirements, the obligation to search for designated names is a continuing one. For example, at a minimum, it is our expectation that federally regulated deposit-taking institutions be able to search their records for designated names at least on a weekly basis, and more frequently if need be. New clients’ names should also be checked against the names of designated persons as part of the process of account opening or otherwise entering into a business relationship.

Disclosure to Law Enforcement

If Canadian financial institutions have property in their possession or control that they have reason to believe is owned or controlled by designated persons, or they have information about a transaction or proposed transaction in respect of property covered by the SEMA Burma Regulations, they are required to report such information to the Royal Canadian Mounted Police immediately. Information may be provided as follows:

RCMP
Anti-Terrorist Financing Team
Unclassified fax: 613-825-7030

No Reporting to Financial Regulators

Please note that the SEMA Burma Regulations do not require financial institutions to report to their financial regulators each month on the results of the continuous searching and reporting obligations.

Where to go for more information

If any clarification is needed on the changes made by the SEMA Burma Regulations, please contact:
Global Affairs Canada
Economic Law Section
125 Sussex Drive,
Ottawa, ON
K1A 0G2

Email: sanctions@international.gc.ca
Fax: (613) 992-2467