11 Hamas leaders designated for sanctions

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.