Canadian Sanctions Related to Extremist Settler Violence in the West Bank, Gaza, and East Jerusalem (occupied Palestinian territories/oPt)
Types of sanctions
Asset freeze
Financial prohibitions
Recent developments
- 2024-09-17 – Regulations were amended
- 2024-06-26 – Regulations were amended
- 2024-05-16 – Regulations in force
Prohibitions
Sanctions related to extremist settler violence have been enacted under the in response to the grave breach of peace and security posed by extremist settlers’ attacks against Palestinian civilians and their property in the West Bank, Gaza, and East Jerusalem (occupied Palestinian territories/oPt).
The Special Economic Measures (Extremist Settler Violence) Regulations impose a dealings prohibition, an effective asset freeze, on listed persons. The Regulations prohibit any person in Canada and any Canadian outside Canada from:
- dealing in property, wherever situated, that is owned, held or controlled by a listed person or a person acting on behalf of a listed person;
- entering into or facilitating any transaction related to a dealing prohibited by these Regulations;
- providing any financial or related services in respect of a dealing prohibited by these Regulations;
- making available any goods, wherever situated, to a listed person or a person acting on behalf of a listed person; and
- providing any financial or other related services to or for the benefit of a listed person.
- Causing, facilitating or assisting in prohibited activities is likewise prohibited.
Exceptions
The above-noted asset freeze and dealings prohibitions do not apply to the following activities or transactions:
- payments made by or on behalf of designated persons pursuant to contracts entered into prior to the coming into force of the Regulations, provided that the payments are not made to or for the benefit of a designated person;
- payments made by or on behalf of a listed person pursuant to contracts entered into prior to the coming into force of the Regulations, provided that the payments are not made to a listed person or to a person acting on behalf of a listed person;
- transactions necessary for a Canadian to transfer to a non-listed person any accounts, funds or investments of a Canadian held by a listed person on the day on which that person became listed;
- dealings with a listed person required with respect to loan repayments made to any person in Canada, or any Canadian outside Canada, for loans entered into with any person other than a listed person, and for enforcement and realization of security in respect of those loans, or repayments by guarantors guaranteeing those loans;
- dealings with a listed person required with respect to loan repayments made to any person in Canada, or any Canadian outside Canada, for loans entered into with a listed person before that person became a listed person, and for enforcement and realization of security in respect of those loans, or repayments by guarantors guaranteeing those loans;
- pension payments to any person in Canada or any Canadian outside Canada;
- financial services required in order for a listed person to obtain legal services in Canada with respect to the application of any of the prohibitions set out in these Regulations;
- transactions in respect of accounts at financial institutions held by diplomatic missions, provided that the transaction is required in order for the mission to fulfill its diplomatic functions under the Vienna Convention on Diplomatic Relations, or transactions required in order to maintain the mission premises if the diplomatic mission has been temporarily or permanently recalled;
- transactions with any international organization with diplomatic status, agencies of the United Nations, the International Red Cross and Red Crescent Movement, or with any entity that has entered into a grant or contribution agreement with Foreign Affairs, Trade and Development Canada.
Permits and certificates
A separate Special Economic Measures (Extremist Settler Violence) Permit Authorization Order made pursuant to subsection 4(4) of the Special Economic Measures Act authorizes the Minister of Foreign Affairs to issue to any person in Canada and any Canadian outside Canada a permit to carry out a specified activity or transaction, or any class of activity or transaction, that is otherwise restricted or prohibited pursuant to the Regulations.
Background
Extremist settler violence against Palestinian civilians and their property in the oPt has long been a source of tension and conflict. The number of extremist settler attacks has risen on a yearly basis since 2020 and peaked in the months following Hamas’ terrorist attack against Israel on October 7th, 2023. These attacks have included killings, physical and verbal assaults, damages to private property and destruction of farming lands and have resulted in the forced displacement of Palestinian communities.
On May 16, 2024, the sanctions related to extremist settler violence under the came into force. They represent a significant step in Canada’s response to this ongoing violence. By imposing these measures, Canada seeks to hold accountable individuals responsible for these harmful attacks and to deter future attacks against civilians and their property in oPt. These measures will impose a prohibition on dealings related to the listed individuals and will render them inadmissible to Canada under the Immigration and Refugee Protection Act. The new measures also targeted four (4) individuals for their role in extremist settler violence.
On June 26, 2024, Canada amended the Special Economic Measures (Extremist Settler Violence) Regulations to list an additional seven (7) individuals, and five (5) entities to the Schedule. These persons are recommended for listing under the Schedule in relation to their role in participating in or facilitating extremist settler violence.
On September 17, 2024, Canada amended the Special Economic Measures (Extremist Settler Violence) Regulations to list an additional four (4) individuals and two (2) entities. These persons have engaged in activities that undermine the peace and security of the State of Israel and the oPt by engaging in or supporting Israeli extremist settler violence against Palestinian civilians, including attacks on humanitarian convoys, dispossession of property and displacement of Palestinian communities.
Selected documents
Regulations
Regulations and Orders made under the Special Economic Measures Act:
- Justice Canada consolidation of the
- 2024-09-17 (Entered into force) – (SOR/2024-179)
- 2024-06-26 (Entered into force) – (SOR/2024-155)
- 2024-05-16 (Entered into force) – (SOR/2024-91)
- 2024-05-16 (Entered into force) – (SOR/2024-92)
Announcements
Announcements related to the Regulations made under the Special Economic Measures Act:
- 2024-09-18 - News release -
- 2024-09-18 - Backgrounder -
- 2024-06-27 – News release –
- 2024-06-27 – Backgrounder –
- 2024-05-16 – News release –
- 2024-05-16 – Backgrounder –
Related links
- Export and Import Controls
- Canadian policy on key issues in the Israeli-Palestinian conflict
- Canada-Israel relations
- Canada-West Bank and Gaza Strip relations
Legal advice
Please be advised that ¶¶ÒùÊÓƵ cannot provide legal advice to members of the public. For this reason, we cannot deliver an opinion as to whether or not a specific activity or transaction would contravene sanctions legislation. You should consider seeking legal advice in relation to an activity that may contravene a Canadian sanction law.
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