THE JOURNAL OF EXPORT CONTROLS AND SANCTIONS

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Canada sanctions 52 individuals under new Magnitsky law

November, 2017

Sanctions target individuals 'responsible for, or complicit in, gross violations of internationally recognised human rights or acts of significant corruption'.

Canada sanctions 52 individuals under new Magnitsky law

Canada has imposed sanctions on 52 foreign nationals – including 30 Russian nationals – following the passing of its Magnitsky-style law, Justice for Victims of Corrupt Foreign Officials Act, on 18 October.

‘The sanctions target individuals who are, in the opinion of the Government of Canada, responsible for, or complicit in, gross violations of internationally recognised human rights or acts of significant corruption,’ the government said.

When imposing the sanctions, the Canadian authorities also took into account incidents of corruption and gross human rights violations by officials linked to the Maduro regime in Venezuela and by officials in South Sudan.

The act allows the Governor in Council (‘GIC’) to make orders and regulations to restrict dealings in property and freeze the assets of foreign nationals, if:

  • a foreign national is responsible for or complicit in, gross violations of internationally recognised human rights against individuals in any foreign state who seek to obtain, exercise, defend or promote internationally recognised human rights and freedoms or who seek to expose illegal activities carried out by a foreign public official;
  • a foreign national 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, 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.

Those sanctioned are subject to an asset freeze and are banned from entering Canada. Canadians (and persons resident in Canada) are prohibited from dealing, either directly or indirectly, with any of the sanctioned foreign nationals.

In a tit-for-tat response, Russia has imposed a ban on Canadian public figures from entering Russia.

 

Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) can be found here:

http://laws-lois.justice.gc.ca/PDF/J-2.3.pdf

 

The Justice for Victims of Corrupt Foreign Officials Regulations can be found here:

http://www.international.gc.ca/sanctions/countries-pays/victims_corrupt_regulations-victimes_corrompus_reglement.aspx?lang=eng

 

For more information on the action see:

http://www.international.gc.ca/sanctions/countries-pays/victims_corrupt-victimes_corrompus.aspx?lang=eng

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