Burma sanctions: three individuals added

Summary#

These are the final Regulations Amending the Special Economic Measures (Burma) Regulations (SOR/2022-8). They add three named people to Canada’s Burma sanctions list and make several technical changes to how the sanctions work. The regulations came into force on the day they were registered, January 28, 2022, and were published in the Canada Gazette on February 16, 2022.

What it does#

• Adds three people to the schedule of designated persons:
  • Thida Oo (born November 27, 1964)
  • Htun Htun Oo (born July 28, 1956; also known as Tun Tun Oo)
  • U Tin Oo (born November 24, 1952)
• Changes who counts as a “designated person” to explicitly include:
  • current or former senior officials of Burma,
  • their associates and family members,
  • entities owned or controlled by those people or by Burma, and
  • senior officials of those entities.
• Updates the list of prohibited activities to make clear that people in Canada (and Canadians abroad) must not deal in property owned or controlled by a designated person, provide related financial services, or make goods available to them.
• Removes a definition (the old definition of “pension”) and repeals a couple of technical subsections (previous subsections 16(3) and 16(4)).
• Changes the “mistaken identity” process so a person who says they share a name with a designated person can apply for a certificate; the Minister must decide within 30 days.
• States the regulations apply according to their terms before publication (so they were effective from registration).

Who's affected#

• The three named individuals and people or companies they control or act for.
• Canadians, people and businesses in Canada, and Canadian companies operating abroad who might deal with the named persons or entities.
• Canadian banks and financial institutions, which must update screening systems to block prohibited dealings.
• Businesses that might have to apply for permits to carry out otherwise prohibited transactions; those permits can be issued in limited cases.
• Enforcement bodies such as the Royal Canadian Mounted Police and the Canada Border Services Agency (they enforce the rules).
• It is unlikely to affect most small Canadian businesses, according to the government, because direct dealings with the newly listed people are expected to be rare.

Why it matters#

• These changes expand and clarify who is targeted by Canada’s Burma sanctions and add three people tied to the Myanmar military regime. That means assets and transactions linked to them should be blocked in Canada.
• For everyday people, the main impacts are indirect: banks and businesses will screen transactions more carefully, and some transactions may be refused or delayed if a party matches a listed name.
• For the broader public and foreign policy: the amendments are meant to increase pressure on Myanmar’s military leaders and those who support them, as part of Canada’s response to the 2021 coup and escalating violence.
• Penalties for willful breach include up to $25,000 fine or one year in prison on summary conviction, or up to five years in prison on indictment, so non-compliance can carry real consequences.