Regulations Amending the Justice for Victims of Corrupt Foreign Officials Regulations: SOR/2018-259
Canada Gazette, Part II, Volume 152, Number 25
SOR/2018-259 November 29, 2018
JUSTICE FOR VICTIMS OF CORRUPT FOREIGN OFFICIALS ACT (SERGEI MAGNITSKY LAW)
P.C. 2018-1464 November 29, 2018
Whereas the Governor in Council is of the opinion that one or more of the circumstances described in subsection 4(2) of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) footnote a have occurred;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to sections 4 and 15 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) footnote a, makes the annexed Regulations Amending the Justice for Victims of Corrupt Foreign Officials Regulations.
Regulations Amending the Justice for Victims of Corrupt Foreign Officials Regulations
1 The schedule to the Justice for Victims of Corrupt Foreign Officials Regulations footnote 1 is amended by adding the following in numerical order:
- 54 Mansour Othman ABAHUSSAIN (born on August 10 or 11, 1972)
- 55 Naif Hassan ALARIFI (born on February 28, 1986)
- 56 Fahad Shabib ALBALAWI (born on January 24, 1985)
- 57 Meshal Saad ALBOSTANI (born on March 27, 1987)
- 58 Thaar Ghaleb ALHARBI (born on August 1, 1979)
- 59 Abdulaziz Mohammed ALHAWSAWI (born on July 20, 1987)
- 60 Mustafa Mohammed ALMADANI (born on December 8, 1961)
- 61 Badr Lafi ALOTAIBI (born on July 6, 1973)
- 62 Khalid Aedh ALOTAIBI (born on June 28, 1988)
- 63 Mohammad AL-OTAIBI (born on November 6, 1964)
- 64 Saif Saad ALQAHTANI (born in 1973)
- 65 Saud AL-QAHTANI (born on July 7, 1978)
- 66 Turki Muserref ALSEHRI (born in 1982)
- 67 Waleed Abdullah ALSEHRI (born on November 5, 1980)
- 68 Mohammed Saad ALZAHRANI (born on March 8, 1988)
- 69 Maher Abdulaziz MUTREB (born on May 23, 1971)
- 70 Salah Mohammed TUBAIGY (born on August 20, 1971)
Application Before Publication
2 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.
Coming into Force
3 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.)
Canada has long expressed concern over the treatment of journalists, dissidents, and human rights activists in Saudi Arabia.
On October 2, 2018, Saudi national, Jamal Khashoggi, went to the Saudi consulate in Istanbul, Turkey, to attend to a private matter and did not re-emerge. In the weeks that followed Mr. Khashoggi’s disappearance, details have emerged that he was tortured and murdered, in what amounts to an extrajudicial killing, by a group of Saudi officials inside the Saudi consulate in Istanbul, who were directed to do so by an additional public official located in Saudi Arabia. Mr. Khashoggi was a well-known journalist and, in recent years, an outspoken critic of the government of Saudi Arabia, including its poor record on human rights.
In the opinion of the Governor in Council, 17 foreign nationals were responsible for, or complicit in the torture and extrajudicial killing of Jamal Khashoggi.
Section 4 of the Justice for Victims of Corrupt Foreign Officials Act (the Act) enables the Governor in Council to make orders and regulations to restrict or prohibit activities set out in subsection 4(3), if the Governor in Council is of the opinion that the individual is
- a foreign national who is responsible for, or complicit in extrajudicial killings, torture or other gross violations of internationally recognized human rights committed against individuals in any foreign state who seek to expose illegal activity carried out by a foreign public official or to obtain, exercise, defend or promote internationally recognized human rights and freedoms, such as freedom of conscience, religion, thought, belief, opinion, expression, peaceful assembly and association, and the right to a fair trial and democratic elections;
- a foreign national who acts as an agent of or on behalf of a foreign state in a matter relating to an activity described above;
- a foreign public official, or an associate, who is responsible for, or complicit in ordering, controlling, or otherwise directing acts of significant corruption; or a foreign national has materially assisted, sponsored, or provided financial, material or technological support for, or goods or services in support of, an act of significant corruption by a foreign public official or their associate.
The main objectives of the Regulations are
- to signal Canada’s condemnation of the gross violations of internationally recognized human rights; and
- to seek an end to impunity for these violations.
The Regulations Amending the Justice for Victims of Corrupt Foreign Officials Regulations (the Regulations) list 17 foreign nationals who, in the opinion of the Governor in Council, are responsible for or complicit in the gross violations of internationally recognized human rights, including torture and the extrajudicial killing of Jamal Khashoggi.
Pursuant to subsection 4(3) of the Act, the Regulations prohibit any dealing in the property of the listed foreign nationals. In addition, they prohibit the provision or acquisition of financial or any other services to or for the benefit of, or on the direction of, the listed foreign nationals. Finally, no property can be made available to these foreign nationals or to a person acting on their behalf. These prohibitions apply to all persons in Canada and Canadians outside Canada, whether the activity is carried out in or outside Canada.
The foreign nationals listed in the Schedule to the Regulations are also inadmissible to Canada, pursuant to paragraph 35(1)(e) of the Immigration and Refugee Protection Act.
The Justice for Victims of Corrupt Foreign Officials Permit Authorization Order, which came into force on November 2, 2017, authorizes the Minister of Foreign Affairs to issue to any person in Canada and Canadian outside Canada a permit to carry out a specified activity or transaction, or any class of activity or transaction, that is otherwise prohibited pursuant to the Regulations, and issue a general permit to any person to carry out a class of activity or transaction that is otherwise prohibited pursuant to the Justice for Victims of Corrupt Foreign Officials Regulations.
The “One-for-One” Rule applies to the Regulations, as there are incremental administrative costs for businesses seeking permits that would authorize them to carry out specified activities or transactions that are otherwise prohibited.
However, the administrative burden associated with the Regulations is exempted from the “One-for-One” Rule, as the Regulations are made to address a unique and exceptional circumstance.
Small business lens
The Regulations potentially create additional administrative costs for small businesses seeking permits that would authorize them to carry out specified activities or transactions that are otherwise prohibited. However, costs will likely be low, as it is unlikely that Canadian businesses have dealings with these individuals.
Public consultation on the Regulations would not be appropriate, as publicizing the name of the listed foreign nationals targeted by sanctions would result in asset flight prior to the coming into force of the Regulations.
Canada condemns the torture and extrajudicial killing of Jamal Khashoggi in Istanbul on October 2, 2018, and wishes to take action against those who are responsible for his death. To that end, the Governor in Council finds it necessary to amend the Regulations to add 17 foreign nationals to the Schedule to the Justice for Victims of Corrupt Foreign Officials Regulations who, in the opinion of the Governor in Council, are responsible for the torture and murder of Mr. Khashoggi. Their listing signals Canada’s support for the respect of human rights and intent to end impunity for gross violations of internationally recognized human rights.
A significant impact on Canadian business activity is not expected. Listing a name in the Regulations simply adds a name to an existing list and an existing compliance process.
Implementation, enforcement and service standards
Canada’s sanctions regulations are enforced by the Royal Canadian Mounted Police. In accordance with section 11 of the Act, every person who knowingly contravenes or fails to comply with the Justice for Victims of Corrupt Foreign Officials 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 or not more than five years. In addition, Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency administer the Immigration and Refugee Protection Act and enforce its inadmissibility provisions associated with these Regulations, which limit the ability of foreign nationals to enter or remain in Canada.
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