11 Hamas leaders designated for sanctions
Special Economic Measures (Hamas Terrorist Attacks) Regulations: SOR/2024-17
The federal government listed 11 individuals linked to the October 7, 2023 Hamas attacks and imposed a Canada-wide dealings ban on their property. The regulations bar Canadians and people in Canada from dealing with, providing financial services to, or transferring goods or property to the listed persons; the measures came into force on 2024-02-02.
- Published
- February 14, 2024
- Department
- Unavailable
- Section
- Special Economic Measures (Hamas Terrorist Attacks) Regulations
- Comment deadline
- Unavailable
- Effective date
- February 2, 2024
- Publication part
- Part II
Summary
Summary#
The federal government registered the final regulation called Special Economic Measures (Hamas Terrorist Attacks) Regulations: SOR/2024-17. It lists 11 people connected to the Hamas attacks of October 7, 2023 and bars Canadians and people in Canada from dealing with those individuals’ property; the Regulations came into force on February 2, 2024.
What it does#
- Names 11 people who are subject to a dealings ban (listed in the schedule): Yahya Sinwar, Muhammad Deif, Marwan Issa, Maher Rebhi Namer Obeid, Jihad Muhamad Shaker Yaghmour, Nizar Mohammad Awadallah, Mahmoud al-Zahar, Hassan al-Wardian, Ayman Nofal, Akram al-Jouri, and Aiman Ahmad al-Duwaik.
- Prohibits for any person in Canada and any Canadian outside Canada:
- dealing in property owned or controlled by a listed person;
- entering into or facilitating transactions connected to that property;
- providing financial or related services to or for the benefit of a listed person;
- making goods available to a listed person or transferring property to them.
- Makes it illegal to knowingly help or enable any of the prohibited activities above.
- Requires certain financial and related institutions (banks, credit unions, insurers, trust companies, securities dealers, and others) to continuously check whether they hold property of a listed person.
- Requires those institutions and anyone who believes they control such property to report it without delay to the Royal Canadian Mounted Police (RCMP) or the Canadian Security Intelligence Service (CSIS).
- Includes exceptions, for example:
- payments under contracts made before a person was listed (with limits);
- pensions and certain government benefits;
- humanitarian activities and work by international organizations, United Nations agencies, and the International Red Cross and Red Crescent Movement.
- Notes that a separate Permit Authorization Order allows the Minister of Foreign Affairs to issue permits in exceptional cases (the Order is not the regulation itself).
Who's affected#
- The 11 people named above. Their names are now on Canada’s sanctions list and, as a consequence, are treated as inadmissible to Canada under the Immigration and Refugee Protection Act.
- Canadians and people physically in Canada who would otherwise deal with the listed individuals or their property.
- Canadian financial institutions and other businesses that open accounts, hold funds, provide financial services, or trade goods. They must screen for listed names and report suspicious holdings.
- Charities and humanitarian groups: the regulation includes an explicit exception for recognized humanitarian actors, but they will need to ensure their work fits the exceptions.
- Law enforcement and border agencies such as the Canada Border Services Agency will help enforce the rules.
Why it matters#
- The regulation freezes and restricts economic links to the named individuals. That denies them access to Canadian financial services and assets and seeks to isolate them financially.
- Banks and other firms must update screening systems and report holdings, which could mean small compliance costs but aims to prevent sanctions evasion.
- Humanitarian aid intended to save lives is explicitly protected, so relief groups can continue some activities but may need to document and ensure they meet the exceptions.
- Breaking the rules can lead to criminal penalties: on summary conviction a fine of up to $25,000 or up to one year in jail (or both); on conviction by indictment, imprisonment for up to five years.
- The measure is part of Canada’s approach, in step with allies, to pressure and limit the ability of those linked to the Hamas attacks to operate financially.
Key topics
Source: Canada Gazette