Freezing Assets of Corrupt Foreign Officials Act (S.C. 2011, c. 10)

Act current to 2017-12-11

Freezing Assets of Corrupt Foreign Officials Act

S.C. 2011, c. 10

Assented to 2011-03-23

An Act to provide for the taking of restrictive measures in respect of the property of officials and former officials of foreign states and of their family members

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Freezing Assets of Corrupt Foreign Officials Act.

Interpretation

Marginal note:Definitions
  •  (1) The following definitions apply in this Act.

    Canadian

    Canadien

    Canadian means a person who is a citizen within the meaning of the Citizenship Act or a corporation incorporated or continued by or under the laws of Canada or of a province. (Canadien)

    entity

    entité

    entity means a corporation, trust, partnership, fund, an unincorporated association or organization or a foreign state. (entité)

    foreign state

    État étranger

    foreign state means a country other than Canada, and includes

    • (a) any of its political subdivisions;

    • (b) its government and any of its departments, or the government or any department of any of its political subdivisions; and

    • (c) any of its agencies or any agency of any of its political subdivisions. (État étranger)

    Minister

    ministre

    Minister means the Minister of Foreign Affairs. (ministre)

    person

    personne

    person means an individual or an entity. (personne)

    politically exposed foreign person

    étranger politiquement vulnérable

    politically exposed foreign person means a person who holds or has held one of the following offices or positions in or on behalf of a foreign state and includes any person who, for personal or business reasons, is or was closely associated with such a person, including a family member:

    • (a) head of state or head of government;

    • (b) member of the executive council of government or member of a legislature;

    • (c) deputy minister or equivalent rank;

    • (d) ambassador or attaché or counsellor of an ambassador;

    • (e) military officer with a rank of general or above;

    • (f) president of a state-owned company or a state-owned bank;

    • (g) head of a government agency;

    • (h) judge;

    • (i) leader or president of a political party represented in a legislature; or

    • (j) holder of any prescribed office or position. (étranger politiquement vulnérable)

    prescribed

    Version anglaise seulement

    prescribed means prescribed by regulation. (Version anglaise seulement)

    property

    bien

    property means any real, personal, movable or immovable property. (bien)

  • Marginal note:Property of a person

    (2) For the purposes of this Act, the property of a person includes property controlled, directly or indirectly, by the person.

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

Orders and Regulations

Marginal note:Orders and regulations
  •  (1) If a foreign state, in writing, asserts to the Government of Canada that a person has misappropriated property of the foreign state or acquired property inappropriately by virtue of their office or a personal or business relationship and asks the Government of Canada to freeze property of the person, the Governor in Council may

    • (a) make any orders or regulations with respect to the restriction or prohibition of any of the activities referred to in subsection (3) in relation to the person’s property that the Governor in Council considers necessary; and

    • (b) by order, cause to be seized, frozen or sequestrated in the manner set out in the order any of the person’s property situated in Canada.

  • Marginal note:Conditions

    (2) The Governor in Council may make the order or regulation only if the Governor in Council is satisfied that

    • (a) the person is, in relation to the foreign state, a politically exposed foreign person;

    • (b) there is internal turmoil, or an uncertain political situation, in the foreign state; and

    • (c) the making of the order or regulation is in the interest of international relations.

  • Marginal note:Restricted or prohibited activities

    (3) Orders and regulations may be made under paragraph (1)(a) with respect to the restriction or prohibition of any of the following activities, whether carried out in or outside Canada:

    • (a) the dealing, directly or indirectly, by any person in Canada or Canadian outside Canada in any property, wherever situated, of the politically exposed foreign person;

    • (b) the entering into or facilitating, directly or indirectly, by any person in Canada or Canadian outside Canada, of any financial transaction related to a dealing referred to in paragraph (a); and

    • (c) the provision by any person in Canada or Canadian outside Canada of financial services or other related services in respect of property of the politically exposed foreign person.

  • Marginal note:Exclusions

    (4) An order or regulation made under subsection (1) may exclude, individually or by class, any person, property or transaction from the application of the order or regulation.

Marginal note:Permits
  •  (1) The Minister may issue to any person in Canada or Canadian outside Canada a permit to carry out a specified activity or transaction, or any class of activity or transaction, that is restricted or prohibited by order or regulation made under section 4. The permit may be subject to any terms and conditions that are, in the opinion of the Minister, consistent with this Act and any order or regulations made under section 4.

  • Marginal note:Suspension, revocation, etc.

    (2) The Minister may amend, suspend, revoke or reinstate the permit.

Marginal note:Duration

 An order or regulation made under section 4 in respect of a politically exposed foreign person ceases to have effect on the day that is five years after the day on which it comes into force unless the Governor in Council, by order, extends it for the period specified in the order. It may be extended more than once.

Marginal note:Tabling of order

 A copy of each order or regulation made under section 4 must be tabled in each House of Parliament within 15 days after it is made. It may be sent to the Clerk of the House if the House is not sitting.

Duty To Determine

Marginal note:Determination

 Each of the following entities must determine on a continuing basis whether it is in possession or control of property that they have reason to believe is the property of a politically exposed foreign person who is the subject of an order or regulation made under section 4:

  • (a) authorized foreign banks, as defined in section 2 of the Bank Act, in respect of their business in Canada or banks to which that Act applies;

  • (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;

  • (c) foreign companies, as defined in subsection 2(1) of the Insurance Companies Act, in respect of their insurance business in Canada;

  • (d) companies, provincial companies and societies, as those terms are defined in subsection 2(1) of the Insurance Companies Act;

  • (e) fraternal benefit societies regulated by a provincial Act in respect of their insurance activities and insurance companies and other entities engaged in the business of insuring risks that are regulated by a provincial Act;

  • (f) companies to which the Trust and Loan Companies Act applies;

  • (g) trust companies regulated by a provincial Act;

  • (h) loan companies regulated by a provincial Act;

  • (i) entities that engage in any activity described in paragraph 5(h) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act if the activity involves the opening of an account for a client;

  • (j) entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services; and

  • (k) other entities of a prescribed class of entities.

 
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