National Post (National Edition)

Canada seeks to cash in on oligarchs' pricey playthings

LIBERALS SEEK TO SEIZE, SELL OFF RUSSIAN ASSETS SUCH AS PLANES, YACHTS, MANSIONS AND MORE

- CHRISTOPHE­R NARDI in Ottawa

In light of Russia's ongoing invasion of Ukraine, the federal government wants to give itself the power not only to freeze or seize, but also sell off assets in Canada owned by individual­s targeted by internatio­nal sanctions.

Planes, yachts, helicopter­s, mansions, condos, bank accounts and even cryptocurr­ency wallets — those are just some of the assets the Liberals want to be able to seize from foreigners sanctioned under the country's Special Economic Measures Act (SEMA) and Magnitsky Law and then sell off, according to legislatio­n proposed in the 2022 budget implementa­tion bill tabled Tuesday in the House of Commons.

Current laws only allow the government to freeze assets and bar transactio­ns in and out of targeted accounts of sanctioned individual­s and organizati­ons.

The legislatio­n also proposes a broader definition of the property that government could sanction, such as “any type of property … and includes money, funds, currency, digital assets and virtual currency.”

It would also allow the government to donate the equivalent value of the sales to help victims of sanctioned individual­s or organizati­ons.

“We are seeking the capacity to not only seize but to allow for the forfeiture of the assets of sanctioned individual­s and entities and to allow us to compensate victims with the proceeds,” Foreign Minister Mélanie Joly said in a statement. “These changes would make Canada's sanctions regime the first in the G7 to allow these actions.”

The proposal comes as the Liberals face increased pressure domestical­ly to impose harsher sanctions than simply freezing assets on allies of Russian President Vladimir Putin or supporters of his “illegal” invasion of Ukraine.

Two weeks ago, the NDP called on the Liberals to “expand” sanctions against Putin and allies, including that the government begin selling off seized assets.

As of Tuesday, the federal government has sanctioned more than 1,100 Russian, Ukrainian or Belarusian individual­s and organizati­ons considered to be close to or aiding Putin's regime since the beginning of his invasion of neighbouri­ng Ukraine.

But to go so far as to sell off a seized asset, Ottawa would first need to convince a Superior Court judge to approve the forfeiture and sale, according to the new legislatio­n.

The judge's job will be to determine if the property is in fact owned, held or controlled “directly or indirectly” by a sanctioned foreign state directly, someone in a foreign state or a foreign national who may occasional­ly “but does not ordinarily” reside in Canada.

“Before making the order in relation to the property, the court shall require notice to be given to any person who, in the court's opinion, appears to have an interest in or right to the property, and the court may hear any such person,” reads the proposed amendment.

Creditors on any asset — say a mortgage lender on a seized real estate property — that is subsequent­ly sold by Ottawa, would maintain their right to reclaim due portions of the proceeds of the liquidatio­n sale (as long as the creditors are not also being sanctioned by Canada).

The government is also proposing to give itself the power to then donate the equivalent amount as the sales value of the seized assets to either: the “reconstruc­tion” of a foreign state impacted by a “grave breach” of peace or security;

THEY EXPECT THE BUDGET BILL TO PASS

THROUGH PARLIAMENT

MOSTLY UNHINDERED.

the “restoratio­n” of internatio­nal peace and security; to compensate victims of war, terrorism, “gross and systematic human rights violations” or “significan­t corruption.”

The Liberals' new bill also proposes to give the minister of Foreign Affairs the power to compel “any person” to provide informatio­n believed “on reasonable grounds” to be relevant to the imposition and enforcemen­t of sanctions.

In other words, the government could compel organizati­ons such as banks to tell them about accounts, properties and other assets owned or controlled by sanctioned foreign individual­s or groups.

But the bill contains no details as to how the power will be circumscri­bed.

Federal Liberal sources who were granted anonymity so as to speak freely about the proposals said they expect the budget bill to pass through Parliament mostly unhindered thanks in large part to the support agreement struck between their party and the federal NDP last month.

The deal guarantees the NDP will support the Liberals on any confidence vote, such as on a budget bill like this one, until 2025 in exchange for moving forward on New Democrat promises such as a national pharmacare and dental-care program.

 ?? FRANCISCO UBILLA / THE ASSOCIATED PRESS ?? The Canadian government has tabled legislatio­n that would allow it to not only seize sanctioned Russian oligarchs' assets in Canada — like the U.S. did with Viktor Vekselberg's $US90-million yacht, Tango, (above) seized in Palma de Mallorca, Spain — but sell them off as well.
FRANCISCO UBILLA / THE ASSOCIATED PRESS The Canadian government has tabled legislatio­n that would allow it to not only seize sanctioned Russian oligarchs' assets in Canada — like the U.S. did with Viktor Vekselberg's $US90-million yacht, Tango, (above) seized in Palma de Mallorca, Spain — but sell them off as well.
 ?? FRANCISCO UBILLA / THE ASSOCIATED PRESS FILES ?? Civil Guards earlier this month accompany U.S. FBI agents and a U.S.Homeland Security agent from a yacht owned by a Russian oligarch closely
allied with President Vladimir Putin. The U.S. government seized the luxury yacht under its program of sanctions against Russian individual­s.
FRANCISCO UBILLA / THE ASSOCIATED PRESS FILES Civil Guards earlier this month accompany U.S. FBI agents and a U.S.Homeland Security agent from a yacht owned by a Russian oligarch closely allied with President Vladimir Putin. The U.S. government seized the luxury yacht under its program of sanctions against Russian individual­s.

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