Operational Bulletin 395 - March 6, 2012

Sanctions against Syria

Issue

Syrian nationals, who for the purpose of this Operational Bulletin (OB) are defined as persons holding Syrian citizenship, or persons residing in Syria may face restrictions in transferring funds to Canadian banks, as a result of the imposition on March 5, 2012, of amended sanctions against Syria under the Special Economic Measures Act (SEMA), which prohibit persons in Canada and Canadians outside Canada from providing or acquiring “any financial services or other related services… to, from or for the benefit of or on the direction or order of Syria or any person in Syria.”

There is an exemption under the amended sanctions for non-commercial remittances of $40,000 or less, or for payments required under a contract that was entered into prior to March 5, 2012.

Background

In response to the continuing, appalling violence perpetrated by the Assad regime on the people of Syria, Canada imposed sanctions under the SEMA. New Regulations amending the Special Economic Measures (Syria) Regulations entered into force on March 5, 2012. The latest sanctions prohibit financial transactions with Syria, and include new individuals and entities to the list of designated persons found in Schedule 1 of the SEMA regulations.

The text of the Regulations amending the Special Economic Measures (Syria) Regulations can be found at Regulations Amending the Special Economic Measures (Syria) Regulations

As a result of the amended sanctions, Syrian nationals or persons residing in Syria may face restrictions in transferring funds to Canadian financial institutions if they do not fit within the exemptions to the sanctions found in sections 3.2 and 3.3 of the amended Regulations. The restrictions also operate to prohibit persons in Syria from opening a bank account in Canada prior to their immigration to Canada for the purpose of transferring funds, even if the funds themselves would be allowed under the exemptions.

Instructions

Citizenship and Immigration Canada’s (CIC) offices in Canada and overseas are instructed to continue processing applications for permanent and temporary residence of Syrian nationals and persons residing in Syria, to visa issuance, as per normal office procedure. In cases where applicants need to show that they can or have transferred funds to Canada, such as for federal investor class applicants who are required to make their $400,000 or $800,000 investment, applicants should be informed that they may face restrictions in transferring funds to a Canadian financial institution and should be referred to the text of the sanctions Regulations. The same information should be provided to all other applicants at visa issuance.

Persons affected by the sanctions on financial transactions, whether they be applicants for a visa or already in Canada, may apply for permits from the Department of Foreign Affairs and International Trade (DFAIT) that authorize specified activities or transactions that are otherwise prohibited under the sanctions. This permit process should be taken into consideration when assigning a deadline for submitting evidence that funds can be transferred to Canada or an investment made, prior to refusing an application from a Syrian national or person in Syria for failure to transfer the required funds or investments.

In-Canada CIC offices and overseas missions may wish to use the following text when communicating with clients who may be affected by the sanctions:

In order to better understand the effects of the sanctions on our clientele, overseas missions are asked to report on the number and nature of complaints presented to them to: Nat-Africa-Middle-East@cic.gc.ca. In-Canada offices are asked to report on the number and nature of complaints presented to them to the Permanent Residence Program Division within the Operational Management and Coordination Branch (OMC) at: OMC-GOC-Immigration@cic.gc.ca. Please include the words “SYRIAN SANCTIONS” in the subject line.

For further information on changes outlined in this OB, please contact OMC at OMC-GOC-Immigration@cic.gc.ca.