Review of Freezing Assets of Corrupt Foreign Officials Tunisia Regulations - SOR/2011-78

Title of the statutory instrument 

Freezing Assets of Corrupt Foreign Officials Tunisia Regulations - SOR/2011-78

Enabling Act

Freezing Assets of Corrupt Foreign Officials Act (FACFOA)

Rationale

To determine if the FACFOA regulations should be extended for another five years for the listed individuals.

Narrative

The FACFOA is Canadian legislation that empowers the Canadian government to take specific actions related to assets and property associated with corrupt foreign officials, including seizure. The seizure or freezing of assets and property ensures that such assets and property may remain in Canada while the foreign State pursues its investigations and gathers evidence to support any possible formal mutual legal assistance request for the seizure and forfeiture of such assets.

Upon written request from the Government of Tunisia, the Governor in Council, on the recommendation of the Minister of Foreign Affairs, may extend the application of the regulations by order for a five year period if certain conditions are met: a) there is internal turmoil or an uncertain political situation in Tunisia; b) a listed person is, in relation to the foreign State, a politically exposed foreign person who has misappropriated property of Tunisia or acquired property inappropriately by virtue of their office or a personal or business relationship; and c)  the making of the order or regulation is in the interests of international relations.  

If all conditions are met, an Order extending the application of these regulations must come into force before March 24, 2026.

Please note that these regulations were extended twice, each time for five years:

• Order Extending the Application of the Freezing Assets of Corrupt Foreign Officials (Tunisia) Regulations made on March 11, 2016; and
• Order Extending the Application of the Freezing Assets of Corrupt Foreign Officials (Tunisia) Regulations made on February 26, 2021.

Date of last review or amendment 

2021

Targeted start for review

Short term

Status

Planned

Result 

To be determined

Departmental contact

The West Africa and Maghreb Bilateral Relations Division
Global Affairs Canada 
wwb@international.gc.ca