Canada Adds Nine Belarusian Designated Persons and Prohibits the Provision of Insurance Services and the Export of Goods and Technology on the Restricted Goods and Technology List to Belarus

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On April 5, Canada amended its sanctions imposed on Belarus.

First, nine Belarusian individuals have been designated under Part 1.1 of Schedule 1, which is a separate section of Schedule 1 for individuals identified by the Government of Canada as being involved in serious breaches of the peace and to international security and is made up of six people identified as oligarchs and three Deputy Ministers of the Ministry of Defence.

Second, Canada has prohibited the provision of insurance or reinsurance to or for the benefit of any person in Belarus in respect of any goods described in Chapter 88 (Aircraft, Spacecraft and Parts Thereof) of the Harmonized Commodity Description and Coding System , published by the World Customs Organization, or in connection with the technology of a good described in this chapter. An exception provides that existing insurance or reinsurance will not be affected by this prohibition until 30 days after the entry into force.

Third, the export of goods and technologies listed in the “List of Restricted Goods and Technologies” (see link below) to Belarus or to anyone in Belarus is now prohibited. Additionally, the amendments include a new Annex 3 which lists “partner countries” to which several specific exceptions apply. The countries listed in Annex 3 include NATO, the EU and other states that have coordinated their sanctions measures against Belarus.

In general, the new export restrictions, subject to specific exceptions, prohibit any person in Canada or any Canadian abroad from:

  • export, sell, supply or ship any property, wherever located, to Belarus or to any person in Belarus if the property is described in the Restricted Goods and Technology List;
  • supply to Belarus or anyone in Belarus any technology described in the Restricted Goods and Technology List.

Exceptions listed in the amendment include:

  • goods exported temporarily for use by a media representative of Canada or a partner country listed in Schedule 3;
  • goods intended for use in support of international verifications of nuclear safeguards;
  • goods intended for use by a department or agency of the Government of Canada or of a partner country listed in Schedule 3;
  • goods intended for use in inspections under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, signed in Paris, France, on January 13, 1993, as amended from time to time;
  • goods intended for use in connection with the activities of the International Space Station;
  • software updates for end users that are civilian entities owned, owned or controlled by a Canadian or a national of a partner country listed in Schedule 3, or subsidiaries of such entities;
  • civil aircraft registered in a foreign state leaving Canada after a temporary stay in Canada or civil aircraft registered in Canada leaving for a temporary stay abroad;
  • the following items, if stored on board an aircraft or vessel:
    • equipment and spare parts necessary for the proper functioning of the aircraft or vessel, or
    • customary and reasonable quantities of supplies intended for consumption on board the aircraft or vessel during the flight or round trip;
  • goods exported for use or consumption on board an aircraft or vessel registered in Canada or the United States;
  • goods exported by an air carrier owned by a Canadian or a United States national for use in the maintenance, repair or operation of an aircraft registered in Canada or the United States;
  • Consumer Communication Devices (as defined in the Implementing Regulations) that are generally available to the public and designed to be installed by the user without further substantial support; and
  • personal effects exported by an individual which are solely for the use of the individual or his immediate family and which are not intended for sale or to remain in Belarus unless consumed there.

Due to ongoing developments in the region, Canada may announce and implement further measures in alignment with its allies in the coming days. We will publish additional articles as measures are announced.

An unofficial copy of the legislative amendments to the Special Economic Measures (Belarus) Regulations effective April 5 are available on the Global Affairs website here.

An unofficial copy of the list of restricted goods and technologies is available here.

The content is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This may qualify as “lawyer advertising” requiring notice in some jurisdictions. Prior results do not guarantee similar results. For more information, please visit: www.bakermckenzie.com/en/disclaimers.

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