Copyright 2008, Blake, Cassels & Graydon LLP
Originally published in Blakes Bulletin on International Trade, September 2008
The Canadian government has added a series of targeted economic sanctions against Zimbabwe to the restrictions imposed just two months ago.
In our July 2008 Blakes Bulletin on International Trade, we reported that the Canadian government announced the following restrictions:
- no aircraft registered in Zimbabwe is allowed to land in
or fly over Canada;
- travel, work, and study restrictions are to be placed
upon senior Zimbabwean officials, including government,
military, and police officials, and their families;
- the ambassador to Zimbabwe was summoned to convey
messages to her home government; and
- the prohibition against exporting military goods to
Zimbabwe was re-confirmed.
On September 4, 2008, The Special Economic Measures (Zimbabwe) Regulations applied further sanctions to this troubled African country. Subject to certain exceptions, the measures implemented by the Regulations include:
- a ban on the export of arms and related material –
meaning any type of weapons, ammunition, military vehicle or
military or paramilitary equipment and their spare parts
– to Zimbabwe or to any person in Zimbabwe;
- a prohibition on the transport of arms and related
material to Zimbabwe aboard a Canadian vessel or
aircraft;
- a prohibition on the provision of technical assistance
– including instruction, training, consulting services,
technical advice and the transferring or communicating of
know-how or technical data – or financial assistance or
services relating to arms and related material, including the
provision, transfer or communication of technical data, to
Zimbabwe or any person in Zimbabwe;
- a requirement on persons, in Canada and Canadians outside
Canada, to freeze the assets of over 180 particular
individuals. This list of individuals includes: past or
present senior officials of the Government of Zimbabwe, their
families, entities that are owned or controlled by past or
present senior officials or their families, and persons
engaged in activities that undermine democracy, respect for
human rights and the rule of law.
Exemptions from the Regulations are available pursuant to The Special Economic Measures (Zimbabwe) Permit Authorization Order, which authorizes the Minister of Foreign Affairs to issue to any person in Canada or any Canadian outside of Canada a permit to carry out a specified activity or transaction, or any class of activity or transaction, that is restricted or prohibited pursuant to the Regulations.
In announcing the Regulations, the Canadian Minister of Foreign Affairs explained that "since the election on March 29, and the presidential runoff on June 27, the Government of Zimbabwe has subjected opposition supporters to intimidation and state-sponsored violence, and has made no visible effort to improve the lives of its citizens."
With the consolidation of power by Robert Mugabe for yet another term in office, these sanctions may remain in effect for the foreseeable future. Minister Emerson noted that "these sanctions will remain in effect until the Government of Zimbabwe has committed itself to positive shifts in policy that result in improvements in human rights, democracy, freedom and the rule of law in Zimbabwe."
The Minister also stated that "these sanctions target those in power and will not affect the Zimbabwean people. We will continue to provide humanitarian assistance and support civil society."
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