REGULATIONS AMENDING THE SPECIAL ECONOMIC MEASURES (IRAN) REGULATIONS
CANADIAN DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE
December 10, 2012
Whereas the Governor in Council is of the opinion that the situation in Iran constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to subsections 4(1) to (3) of the Special Economic Measures Acta, makes the annexed Regulations Amending the Special Economic Measures (Iran) Regulations.
aS.C. 1992, c. 17
Regulations Amending the Special Economic Measures (Iran) Regulations
1.Section 1 of the Special Economic Measures (Iran) Regulations1 is amended by adding the following in alphabetical order:
“Convention” means the Vienna Convention on Diplomatic Relations, done at Vienna on April 18, 1961. (Convention)
“mission premises” has the same meaning as “premises of the mission” in Article 1 of the Convention, and includes the mission’s archives. (locaux de la mission)
2.Paragraph 2(a) of the Regulations is replaced by the following:
(a )a person engaged in activities that directly or indirectly facilitate, support, provide funding for, contribute to, or could contribute to, Iran’s proliferation-sensitive nuclear activities, or to Iran’s activities related to the development of chemical, biological or nuclear weapons of mass destruction or delivery systems for such weapons, including when the person is an entity, a senior official of the entity;
3. Paragraphs 3.1(c) and (d) of the Regulations are replaced by the following:
(d) any transaction in respect of any account at a financial institution held by a diplomatic mission, if the transaction is required in order for the mission to fulfil its diplomatic functions as set out in Article 3 of the Convention or, if the diplomatic mission has been temporarily or permanently recalled, when the transaction is required in order to maintain the mission premises;
4. (1)Paragraph 4(1)(a) of the Regulations is replaced by the following:
(a) any arms and related material whose sale, supply, or transfer is not prohibited by paragraph 3(g) of the Regulations Implementing the United Nations Resolutions on Iran;
(2)Paragraph 4(1)(d) of the Regulations is amended by striking out “and” at the end of subparagraph (i), by adding “and” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(iii) any item whose sale, supply, or transfer is already prohibited by paragraph 3(f) of the Regulations Implementing the United Nations Resolutions on Iran;
(3) Subsection 4(1) of the Regulations is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (d):
(e) any of the following goods, other than those goods that are required to be exported, sold, supplied or shipped under a contract entered into before December 12, 2012:
(i) any equipment or machinery designed for the building, maintenance or refitting of ships,
(ii) any vessels designed for the transport or storage of crude oil, or any petroleum or petrochemical products, or
(iii) any goods designed for drilling, mineral surveying and exploration, including specialized equipment used in the mining industry;
(f) any specialized equipment used to provide broadcasting, telecommunications, or satellite service to Iran or to an entity acting on behalf of, or on the direction or order of, Iran; or
(g) any hard currency from any country, if the total value of the currency exported, sold, supplied or shipped is greater than $40,000.
5. The Regulations are amended by adding the following after section 4:
4.1 (1) It is prohibited for any person in Canada and any Canadian outside Canada to import, purchase, acquire or ship natural gas, crude oil, or any petroleum or petrochemical products, from Iran.
(2) It is prohibited for any person in Canada and any Canadian outside Canada to provide marketing services or any financial or other services to, from or for the benefit of, or on the direction or order of, Iran or any person in Iran in respect of any of the activities set out in subsection (1).
6. (1) Subparagraphs 5(d)(v) and (vi) of the Regulations are replaced by the following:
(vi) financial services in respect of any account at a financial institution held by a diplomatic mission, if the financial services are required in order for the mission to fulfil its diplomatic functions as set out in Article 3 of the Convention or, if the diplomatic mission has been temporarily or permanently recalled, when the financial services are required in order to maintain the mission premises,
(2) Paragraph 5(d) of the Regulations is amended by striking out “and” at the end of subparagraph (vii) and by adding the following after subparagraph (viii):
(ix) financial services in respect of transfers of $40,000 or less between a person in Canada and a person in Iran who is their spouse, common-law partner, child or parent, if the person providing the financial services keeps a record of the transaction, and
(x) financial services required in order for a person in Iran to obtain legal services in Canada with respect to the application of any of the prohibitions contained in these Regulations;
(3) Section 5 of the Regulations is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) provide or acquire insurance or reinsurance to, from or for the benefit of, or on the direction or order of, Iran or any entity in Iran.
7. Sections 8 and 8.1 of the Regulations are replaced by the following:
7.1 It is prohibited for any person in Canada and any Canadian outside Canada to provide any flagging or classification services to Iranian oil tankers or cargo vessels.
8. It is prohibited for any person in Canada and any Canadian outside Canada to do anything that causes, assists or promotes, or is intended to cause, assist or promote, any act or thing prohibited by sections 3 to 7.1.
8.1 The prohibitions in sections 4 to 8 do not apply with respect to an activity that has as its purpose
(a) the safeguarding of human life;
(b) disaster relief; or
(c) the provision of food, medicine or medical supplies as listed in Schedule 3.
8. (1) Items 133, 136, 190 and 243 of Part 1 of Schedule 1 to the Regulations are repealed.
(2) Item 78 of Part 1 of Schedule 1 to the Regulations is replaced by the following:
78. Iran Aircraft Manufacturing Industries (also known as IAMI, IAMCO, HESA, HASA, Iran Aircraft Manufacturing Company, Iran Aircraft Mfg. In. Co., Iran Aircraft Manufacturing Industries Corporation, Havapeyma Sazhran, Hava Payma Sazi-E Iran, Havapeyma Sazi Iran, HESA Trade Center and Karkhanejate Sanaye Havapaymaie Iran)
(3) Item 159 of Part 1 of Schedule 1 to the Regulations is replaced by the following:
159. Mavadkaran Jahed Noavar Co. (also known as Mavad Karan and Mavad Karan Jahad-e-No’avar)
(4) Part 1 of Schedule 1 to the Regulations is amended by adding the following after item 350:
351. Abtin Rahro (also known as Rahro Abtin, Abtin Rahro Parsian and ARP)
352. Aghajari Oil and Gas Production Company (AOGPC)
353. Ajineh Sazane Ariaee
354. Almaseh Sanj Engineering (also known as Almaseh Sanj Co)
356. Aluminum Novin (also known as Anodizing Novin)
357. Alunrool Arak (also known as Alumroll Ind. and Mfg. Factory)
358. Amran Sania Iran
359. Argham Terahan Pars
360. Arvandan Oil and Gas Company (AOGC)
361. Atbin (also known as The Atbin Company for Production and Engineering and Fan Avaran Atbin Karmanya)
362. Bank of Industry and Mines
363. Basij-e Mostazafan (also known as Sazman-e Basij-e Mostazafan and the Basij)
364. Bonyan Sanat Hamrah
365. Cooperative Development Bank (also known as Tose’e Ta’avon Bank)
366. Dakik Kar (also known as Daghigh Kar and Qet’e-eh Sazan-e-Daghigh Karan)
367. Dashte Karaj (also known as Tossee Plastoform Gharan Iranian)
368. Darzin Soren
369. DIFACO (also known as Dibagaran Farayand)
370. East Oil and Gas Production Company (EOGPC)
371. Engineering Vala Sanat Erfan
372. Espandana Bespar
373. Ervin Pushesh
374. Falat Asia
375. Fan Avarane Paya Gostaresh
377. Farayand Roshd
379. Fars Afzar Kimiya (also known as FAKC)
380. Felez Koub (also known as Sanay’e-e-Ahangari-e-Felez Khoub)
381. Fereshteh Salmas (also known as Fereshteh Salmas Ltd-Co. and Reazin Aliaf Salmas)
383. Gachsaran Oil and Gas Company
384. Gruhe Mohandesine Sanaya Metalurjie Irket (also known as Omran Va Sanaye Iran and OSIMA)
385. Hadid Karan
388. Ida Sazan Pooya
390. Iran Fuel Conservation Organization (IFCO)
391. Iran Liquefied Natural Gas Co.
392. Iran Pooya (also known as Iran Pouya)
393. Iranian Oil Terminals Company (IOTC)
394. Islamic Revolutionary Guard Corps (also known as IRGC, Army of the Guardians of the Islamic Revolution, Iranian Revolutionary Guards, IRG and Sepah-e Pasdaran-e Enghelab-e Eslami)
395. Jahan Tech Rooyan Pars
397. Karoon Oil and Gas Production Company
398. Kharad Sanat Parsian
399. Khazar Exploration and Production Co. (KEPCO)
400. Khod Kafa Abzar
401. Kian Sanat
402. Kankav (also known as Kandav NDT Service)
403. Machine Darou
404. Mahar Kureh
405. Mandegar Baspar Asia (also known as Mandegar Baspar Fajr Asia)
406. MAPTA (also known as Arian Construction and Development Projects Management Company)
407. Maroun Oil and Gas Company
408. Masjed-soleyman Oil and Gas Company (MOGC)
409. Ministry of Energy
410. Ministry of Petroleum
411. National Institute for Genetic Engineering and Biotechnology (also known as National Research Council for Genetic Engineering and Biotechnology)
412. National Iranian Drilling Company (NIDC)
413. National Iranian Gas Company (NIGC)
414. National Iranian Oil Company (NIOC)
415. National Iranian Oil Refining and Distribution Company (NIORDC)
416. National Iranian Tanker Company (NITC)
417. Navid Sahand
418. Negan Parto Khevar
419. Niksa Nirou
420. North Drilling Company (NDC)
423. Pamco (also known as Palad Air Maker Company and Palad Hava Saz Co.)
425. Pars Machine
426. Pars Special Economic Energy Zone (PSEEZ)
427. Pars Vacuum Industries (also known as Moein Tejarat Kimiya, PVI and Sanaye’e Vacuum Pars)
428. Parto Ayandeh Sanat (also known as PAS)
429. Parto Namaye Toloua (also known as Parto Tiz)
430. Parzan Sanat
431. Pentan Shimi
432. Petroleum Engineering and Development Company (PEDEC)
433. Pishgam Sanat Composite (also known as Rastband Sanat and Rastband)
434. Pishro Mobtaker Payband (also known as PMP)
435. Pishro Sanat Farayand (also known as Pishro Sanat Faryand Co. Vacuum and Pressure Technologies and Khala Afarin Pars)
436. Rah Avard Afzar
437. Sanatkadeh Shahar
438. Sazeh Morakab
439. Sharif University of Technology, Department of Engineering
441. South Zagros Oil and Gas Production Company
442. Tarh O Palayesh
443. Technic Sanat
444. Tehran Tamam
445. The Iranian Institute for Composite Materials
446. Time Kala Tehran Engineering Co.
447. West Oil and Gas Production Company
448. Zist Tajhize Puyesh
9.Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 51:
52. Majid Namjoo
10. (1) Items 3 and 4 of Schedule 2 to the Regulations are replaced by the following:
Aluminum and aluminum alloy products
Piping, tubing, fittings, flanges, forging, castings, valves, any unfinished products in any form and any waste or scrap that are made of aluminum and its alloys that are not specified in the Export Control List.
(2) The portion of item 22 of Schedule 2 to the Regulations in column 2 is replaced by the following:
(1) High voltage direct current power supply units that are not specified in the Export Control List and
(a) are capable of continuously producing 10 kV or more over a period of 8 hours, with output power of 5 kW or more with or without sweeping; and
(b) have current or voltage stability better than 0.1% over a period of 4 hours.
(2) Transformers with the specifications necessary for the electricity generated by the high voltage direct current power supply units specified in subsection (1).
(3) The portion of item 28 of Schedule 2 to the Regulations in column 2 is replaced by the following:
Seals and gaskets made of
(a) copolymers of vinylidene fluoride having 75% or more beta crystalline structure without stretching;
(b) fluorinated polyimides containing 10% by weight or more of combined fluorine;
(c) fluorinated phosphazene elastomers containing 30% by weight or more of combined fluorine;
(d) polychlorotrifluoroethylene (PCTFE);
(e) Viton or other fluoro-elastomers; or
(f) polytetrafluoroethylene (PTFE).
(4) Schedule 2 to the Regulations is amended by adding the following after item 71:
Aluminum, steel, iron, copper, zinc and manganese
In addition to specific items made of those metals referred to in these Regulations, all raw or semi-finished forms of those metals or their alloys.
Electroslag remelters of all types and specifications, and specially designed parts for them.
Chemical Abstracts Service registry number 7782-42-5.
Gold, silver, platinum, palladium, ruthenium, rhodium, osmium and iridium
In addition to specific items made of those metals referred to in these Regulations, all raw, semi-finished or finished forms of those metals or their alloys.
Helium or hydrogen leak detectors
Helium or hydrogen leak detectors capable of detecting leak rates of less than 1 x 10-5 standard cubic centimetres of air per second (atm cc/s for air).
Smelting machinery and products
Any smelting machines and specially designed parts for them, as well as any reducing agents or fluxes used in the smelting process.
Software for integrating industrial processes
Any software used to control or integrate industrial systems, such as SCADA.
Stainless steel valves, piping, tubing and fittings
Any valves, piping, tubing and fittings that are made of stainless steel type 304, 316 or 317 and that are not specified in the Export Control List.
Vacuum arc remelters
Vacuum arc remelters of all types and specifications, and specially designed parts for them.
Vacuum induction melting furnaces
Vacuum induction melting furnaces of all types and specifications, and specially designed parts for them.
11. The Regulations are amended by adding, after Schedule 2, the Schedule 3 set out in the schedule to these Regulations.
APPLICATION BEFORE PUBLICATION
12. 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
13. These Regulations come into force on the day on which they are registered.
FOOD, MEDICINE AND MEDICAL SUPPLIES
Goods listed under the following categories of the Harmonized Commodity Description and Coding System published by the World Customs Organization:
Meat and edible meat offal
Fish and crustaceans, molluscs and other aquatic invertebrates
Excluding 0301.10, 0301.11, 0301.91, 0301.92, 0301.93 and 0301.99
Dairy produce; birds’ eggs; natural honey; edible products of animal origin not elsewhere specified or included
Edible vegetables and certain roots and tubers
Edible fruits and nuts; peel of citrus fruit or melons
Products of the milling industry, malt, starches, inulin and wheat gluten
Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder.
1201.00, 1202.30, 1202.41, 1202.42, 1208.10 and 1208.90
Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates
Preparations of cereals, flour, starch or milk; pastrycooks’ products
Preparations of vegetables, fruit, nuts or other parts of plants
Miscellaneous edible preparations
3002.20, 3003.10, 3003.20, 3003.31, 3003.39, 3003.40, 3003.90, 3004.10, 3004.20, 3004.31, 3004.32, 3004.39, 3004.40, 3004.90, 3005.10, 3005.90, 3006.10, 3006.20, 3006.30, 3006.40 and 3006.50