Canadian Sanctions Related to Tunisia
Types of sanctions
Asset freeze
Recent developments
- 2016-03-11 - Regulations were amended and extended
- 2015-06-17 - Regulations were amended
- 2014-02-28 - Regulations were amended
Under the Freezing Assets of Corrupt Foreign Officials Act, and at the written request of Tunisia, Canada enacted a freeze of the assets of certain politically exposed foreign persons.
Prohibitions
The Freezing Assets of Corrupt Foreign Officials (Tunisia) Regulations prohibit the following activities by anyone in Canada:
- to deal, directly or indirectly, in any property, wherever situated, of a listed politically exposed foreign person;
- to enter into or facilitate, directly or indirectly, any financial transaction related to a dealing referred to in point (1);
- to provide financial services or other related services in respect of any property of a listed politically exposed foreign person.
For the official list of persons whose assets are subject to freezing under the Freezing Assets of Corrupt Foreign Officials (Tunisia) Regulations, please consult the Department of Justice website.
Background
On March 23, 2011, the Governor in Council made, pursuant to the Freezing Assets of Corrupt Foreign Officials Act, the Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations. These Regulations are now the Freezing Assets of Corrupt Foreign Officials (Tunisia) Regulations) as Egypt is longer part of the Regulations.
The Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations gave effect to written requests from Tunisia and Egypt, which have recently experienced political upheaval, to freeze assets of their former leaders and senior officials or their associates and family members suspected of having misappropriated state funds, or obtained property inappropriately as a result of their office or family, business or personal connections.
On 10 march 2016, the Governor in Council made the Regulations Amending the Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations and the Order Extending the application of the Freezing Assets of Corrupt Foreign Officials (Tunisia) Regulations.
New Developments
Canada has amended the list of persons whose assets are subject to freezing under the Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations. These changes took effect as of March 11, 2016, which is the date the amending Regulations were registered (SOR/2016-41).
Changes to schedule 1 are the following:
Schedule 1
(Section 2)
Politically Exposed Foreign Persons (Tunisia)
1 to 4 [Repealed, SOR/2016-41, s. 4]
5 Fahd Mohamed Sakher Ben Moncef ben Mohamed Hafiz EL MATRI (also known among other names as Fahd Mohamed Sakher Ben Moncef Ben Mohamed Hfaiez MATERI), born on December 2, 1981, in Tunis, son of Naïma BOUTIBA and spouse of Nesrine BEN ALI
6 and 7 [Repealed, SOR/2016-41, s. 4]
8 Belhassen Ben Mohamed ben Rhouma TRABELSI (also known among other names as Belhassen Ben Mohamed Ben Rehouma TRABELSI), born on November 5, 1962, in Tunis, son of Saïda DHRIF
9 to 17 [Repealed, SOR/2016-41, s. 4]
18 Moez Ben Moncef ben Mohamed TRABELSI (also known among other names as Moez Ben Moncef Ben Mohamed TRABELSI), born on July 3, 1973, in Tunis, son of Yamina SOUIAÏ
19 to 71 [Repealed, SOR/2016-41, s. 4]
72 Zohra Bent Hedi Ben Ali JILANI, spouse of Belhassen TRABELSI
73 [Repealed, SOR/2016-41, s. 4]
74 Sofia Bent Belhassen Ben Mohamed TRABELSI, family member of Leila TRABELSI
75 Zine Bent Belhassen TRABELSI, family member of Leila TRABELSI
76 Asma Bent Belhassen TRABELSI, family member of Leila TRABELSI
77 Mohamed Fares Ben Belhassen TRABELSI, family member of Leila TRABELSI
78 to 123 [Repealed, SOR/2016-41, s. 4]
In addition, Canada has extended the application Freezing Assets of Corrupt Foreign Officials (Tunisia) Regulations for a new five year period. The extension took effect as of March 11, 2016, which is the date the Order was registered (SOR/2016-42).
Selected documents
Regulations
The Act and Regulations are available through the following links:
- Justice Canada consolidation of the Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations
- 2016-03-11 (Entered into force) - Order Extending the application of the Freezing Assets of Corrupt Foreign Officials (Tunisia) Regulations (SOR/2016-42)
- 2016-03-11 (Entered into force) - Regulations Amending the Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations (SOR/2016-41)
- 2015-06-17 (Entered into force) - Regulations Amending the Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations (SOR/2015-152)
- 2014-02-28 (Entered into force) - Regulations Amending the Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations (SOR/2014-33)
- 2012-12-14 (Entered into force) - Regulations Amending the Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations (SOR/2012-284)
- 2011-03-23 (Entered into force) - Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations (SOR/2011-78)
Related links
- Freezing Assets of Corrupt Foreign Officials Act
- Export and Import Controls
- Canada - Tunisia Relations
Legal advice
Please be advised that Global Affairs Canada cannot provide legal advice to members of the public. For this reason, we cannot deliver an opinion as to whether or not a specific activity or transaction would contravene sanctions legislation. You should consider seeking legal advice in relation to an activity that may contravene a Canadian sanction law.
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