Regulations Amending the Special Economic Measures (Iran) Regulations

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 Act makes the annexed Regulations Amending the Special Economic Measures (Iran) Regulations.

Regulations Amending the Special Economic Measures (Iran) Regulations

AMENDMENTS

1. Section 3.1 of the Special Economic Measures (Iran) Regulationsis amended by striking out “and” at the end of paragraph (e) and by replacing paragraph (f) with the following:

(f) any transactions necessary for a Canadian to transfer to a non-designated person any accounts, funds or investments of a Canadian held by a designated person on the day on which that person became a designated person; and

(g) financial services required in order for a designated person to obtain legal services in Canada with respect to the application of any of the prohibitions set out in these Regulations.

2. Sections 4 and 4.1 of the Regulations are replaced by the following:

4. (1) It is prohibited for any person in Canada and any Canadian outside Canada to export, sell, supply or ship goods, wherever situated, to Iran, to a person in Iran, or to a person for the purposes of a business carried on in or operated from Iran.

(2) Subsection (1) does not apply to

(a) products referred to in section 3 of the Regulations Implementing the United Nations Resolutions on Iran;

(b) goods used in the petrochemical, oil or natural gas industry, other than goods used in the refining of oil or the liquefaction of natural gas, that are required to be exported, sold, supplied or shipped under a contract entered into before November 22, 2011;

(c) any of the following goods that are required to be exported, sold, supplied or shipped under a contract entered into before December 12, 2012:

(i) equipment or machinery designed for the building, maintenance or refitting of vessels,

(ii) vessels designed for the transportation or storage of crude oil, or petroleum or petrochemical products, or

(iii) goods designed for drilling, mineral surveying and exploration, including specialized equipment used in the mining industry; and

(d) goods that are required to be exported, sold, supplied or shipped under a contract entered into before May 29, 2013, provided that

(i) they are not goods referred to in paragraph (b) or (c) that are required to be exported, sold, supplied or shipped under a contract entered into after the applicable date referred to in those paragraphs,

(ii) they are not goods listed in Schedule 2,

(iii) the consideration received or to be received complies with these Regulations and theRegulations Implementing the United Nations Resolutions on Iran;

(e) personal or settlers’ effects that are taken or shipped by an individual leaving Canada and that are solely for the use of the individual or the individual’s immediate family;

(f) informational materials, including books and other publications;

(g) any correspondence, including letters, printed papers and postcards; and

(h) any package sent by mail for non-commercial reasons, provided that it does not contain goods listed in Schedule 2.

(3) It is prohibited for any person in Canada and any Canadian outside Canada to transfer, provide or communicate to Iran or any person in Iran the following technical data:

(a) technical data required for

(i) the manufacture, use or maintenance of arms and related material,

(ii) the refining of oil or the liquefaction of natural gas,

(iii) the production of petrochemicals,

(iv) the building, maintenance or refitting of ships,

(v) the transportation or storage of crude oil, or petroleum or petrochemical products,

(vi) drilling and mineral surveying and exploration, or

(vii) the processing, storing or handling of liquid natural gas; and

(b) technical data related to the goods listed in Schedule 2.

(4) Subsection (3) does not apply to technical data the provision of which is prohibited under section 5 of the Regulations Implementing the United Nations Resolutions on Iran.

4.1. (1) It is prohibited for any person in Canada and any Canadian outside Canada to import, purchase, acquire, ship or tranship any goods that are exported, supplied or shipped from Iran after May 29, 2013, whether the goods originated in Iran or elsewhere.

(2) Subsection (1) does not apply to

(a) any items and arms or related material that are referred to in section 7 of theRegulations Implementing the United Nations Resolutions on Iran;

(b) goods that are required to be imported, purchased, acquired, shipped or transhipped under a contract entered into before May 29, 2013 provided that

(i) the goods are not natural gas, crude oil, or petroleum or petrochemical products, and

(ii) the consideration received or to be received complies with these Regulations and theRegulations Implementing the United Nations Resolutions on Iran;

(c) personal or settlers’ effects that are taken or shipped by an individual leaving Iran and that are solely for the use of the individual or the individual’s immediate family;

(d) informational materials, including books and other publications;

(e) correspondence, including letters, printed papers and postcards; and

(f) any package sent by mail for non-commercial reasons.

(3) It is prohibited for any person in Canada and any Canadian outside Canada to provide or acquire 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 the import, purchase, acquisition or shipment of natural gas, crude oil, or any petroleum or petrochemical products, from Iran.

3. (1) Subparagraph 5(d)(ii) of the Regulations is replaced by the following:

(ii) financial services the provision or acquisition of which is prohibited under theRegulations Implementing the United Nations Resolutions on Iran,

(2) Subparagraph 5(d)(x) of the Regulations is replaced by the following:

(x) financial services required in order for a person in Iran to obtain legal services in Canada; or

4. Section 6 of the Regulations is replaced by the following:

6. It is prohibited for any person in Canada and any Canadian outside Canada to make an investment in an entity in Iran.

5. Section 8.1 of the Regulations is replaced by the following:

8.1 Sections 4 to 8 do not apply to

(a) equipment, services and software that facilitate secure and widespread communications via information technologies, or the provision or acquisition of financial services in relation to such equipment, services and software, provided that an export permit has been issued in respect of any goods listed in the Guide;

(b) goods used to purify water for civilian and public health purposes, or the provision or acquisition of financial services in relation to such goods; and

(c) any activity, or the provision or acquisition of financial services in relation to an activity, that has as its purpose

(i) the safeguarding of human life,

(ii) disaster relief, or

(iii) the provision of food, medicine and medical supplies as listed in Schedule 3.

6. (1) Items 60, 113, 152, 171, 173, 179 and 347 of Part 1 of Schedule 1 to the Regulations are repealed.

(2) Item 86 of Part 1 of Schedule 1 to the Regulations is replaced by the following:

86. Iran Mineral Production and Supply Co. (also known as IMPASCO and Iran Mineral Products Company)

(3) Part 1 of Schedule 1 to the Regulations is amended by adding the following after item 448:

449. Alaleh Kabud Kavir Company
450. AlBorz Investment Company
451. Amad Bahineh Saz Engineering Company
452. Andishe va Omran Mohit Company
453. Atomic Fuel Development Engineering Company (MATSA)
454. Azadegan Economic and Self-Reliance Company (also known as Minoo Industrial Group)
455. Baghyatollah Medical Sciences University (BMSU) (also known as Bagiatollah Medical Sciences University, Baghiatollah Medical Sciences University, Baqyatollah Medical Sciences University, Baqiyatallah Medical Sciences University, Baqiyatallah University of Medical Sciences, Baqiatollah Medical Sciences University)
456. Baharestan Kish Company
457. Bahman Group
458. Bank Day
459. Bank Ghavamin
460. Bank Hekmat Iranian
461. Bank Sarmayeh
462. Behsaz Faraz Iranian Group
463. Bonyad Mostazafan Enghelab Eslami
464. Daniyan Pars Company
465. Esfahan Oil Refining
466. Esfahan Zinc Smelting Company
467. Explosion and Impact Technology Research Centre
468. Falazat Rangin Hirbed Company
469. Fanavaran Petrochemical
470. Fava Naft Saba Kish (also known as Fava Naft)
471. Hafiz Samaneh Company
472. Iran Air
473. Iran Atlas Kish Commercial and Industrial Company
474. Iran Atlas Kish Investment Company
475. Iran Industrial Development Investment Company
476. Iran Khodro Diesel
477. Iran Zinc Mines Development Company
478. Iranian Aluminum Company
479. Iranian Offshore Engineering and Construction Company
480. Iranian Venezuelan Bi-National Bank (IVBB)
481. Jey Oil Refining Company
482. Kermanshah Petrochemical Industries
483. Khargh Petrochemical
484. Kian Aliaj Company Kashan (also known as Kashan Alloy Company)
485. Kowsaran Institute
486. Mabna Niroo Moharake Company
487. Mahan Air
488. Misagh Basirat Institute
489. Mobarakeh Esfahan Steel Company
490. Mowj Nasr Gostar Communications and Electronics Company
491. Naftiran Intertrade Company Ltd.
492. Nikaroo Engineering Company
493. Ofogh Toseeh Saberin Engineering Company
494. Oil Exploration Operations Company
495. Oil Pension Fund Investment Company
496. Pardis Sabz Mellal Company
497. Pars Amayesh Sanaat Kish (also known as PASK, Vacuumkaran, Vacuum Karan and Vacuum Karan Co.)
498. Parsian Bank
499. Payuran Energy Development Institution
500. Pazuhan Pishroo Industrial Tehran
501. Pelasko Kar Saipa
502. Pishkasutan Saba Commercial Company (SPC)
503. Pishro Systems Research Company (also known as Pishro Company, Advanced Systems
Research Company, ASRC, Center for Advanced Systems Research and CRAS)
504. Rayan Saipa
505. Saba Naft Engineering and Construction Group
506. Saba Naft Support Services Company
507. Saba Steel
508. Sadid Industrial Group
509. Sahand Naftiran Commercial Services Company
510. Saipa
511. Saipa Azin
512. Saipa Diesel
513. Samen AlAiemeh Credit Cooperative (also known as Samen Credit Cooperative)
514. Samen AlHujaj Credit Cooperative
515. Sepahan Oil Company
516. Sepehr Andishan Payab Company
517. Setad-e Ejraye Farman-e Emam
518. Shahab Sang Mineral Industries Company
519. Shahed Company
520. Shahid Mahallati Maritime Industries Institute
521. Shahriyar Mahestan Company
522. Tadbir Energy Group
523. Tadbir Investment Company
524. Talaeeyeh Commercial Company
525. Tehran Gostaresh Company (also known as Tehran Gostaresh Co. PJS)
526. Tek Yab Asia Company
527. Toos Gostar Urban Development Investment Company
528. Toseeh Etemad Investment Company
529. Zagros Steel Company
530. Zamyad

7. (1) Items 47 and 48 of Part 2 of Schedule 1 to the Regulations are repealed.

(2) Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 52:

53. Abbas Askarzadeh
54. Abdulnasser Hemati
55. AhmadReza Khatibi
56. Ali Bakhshayesh
57. Ali Divandari
58. Ali Fadavi
59. Ali Hosynitash
60. Ali Soleimani Shayesteh
61. Ayatollah Ibrahimi
62. Babak Morteza Zanjani
63. Behzad Soltani
64. Ebrahim Mahmoudzadeh
65. Farshad Heydari
66. Ghorban Daniyali
67. Hossein Faghihian
68. Hossein Salami
69. Jaafar Jamali
70. Mashallah Azimi
71. Massoud AkhavanFard
72. Mohammad Ahmadian
73. Mohammad Farouzandeh
74. Mohammad Hassan Mohebbian Araghi
75. Mohammad Reza Pishroo
76. Mohammed Jaafar Mokhber Dezfooli
77. Mojtaba Haeri
78. Nasser Rastkhan
79. Parviz Fatah
80. Parviz Khaki
81. Ramin PahsayeeFam
82. Reza Karbashchi Khayabani
83. Seyed Zia Imani

8. Schedule 3 to the Regulations is amended by adding the following after category code 30:

Category Code      Category Description      Applicable Subcategories

90                              Optical,

                                  Photographic,                     9001.30, 9001.40, 9001.50, 9011.10, 9011.20, 9011.80

                                  Cinematographic,               9011.90, 9012.10, 9012.90, 9018.11, 9018.12, 9018.13

                                  Measuring,                         9018.14, 9018.19, 9018.20, 9018.31, 9018.32, 9018.39

                                  Checking,                           9018.41, 9018.49, 9018.50, 9018.90, 9019.10, 9019.20

                                  Precision,                           9020.00, 9021.10, 9021.21, 9021.29, 9021.31, 9021.39

                                  Medical or surgical             9021.40, 9021.50, 9021.90, 9022.12, 9022.13, 9022.14

                                  instruments and apparatus, 

                                  Parts and accessories        9022.19, 9022.21, 9022.29, 9022.30, 9022.90

                                  thereof

APPLICATION BEFORE PUBLICATION

9. For the purposes of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.

COMING INTO FORCE

10. These Regulations come into force on the day on which they are registered.