Canada Enforces Financial Restrictions Against High-Risk Jurisdictions
| 2025-03-21
Canada’s Finance Ministry uses new powers to counter foreign money laundering and terror financing risks through directives and transaction restrictions.
Canada’s Finance Ministry uses new powers to counter foreign money laundering and terror financing risks through directives and transaction restrictions.
The Canadian government, through the Ministry of Finance, continues to implement ministerial directives under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. The provisions enable the Minister to direct businesses to apply specific countermeasures to financial transactions involving countries or entities deemed high risk.
According to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), these measures are intended to protect Canada’s financial system from foreign threats linked to money laundering and terrorism financing. The directives, which remain in force until formally revoked or amended, require compliance from businesses classified as reporting entities under Canadian law.
Designated Jurisdictions and Directives in Force
As of March 2025, Canada has active directives concerning three countries: the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea (North Korea). The directive relating to Russia was most recently updated in March 2025, while those concerning Iran and North Korea were introduced in 2020 and 2017 respectively, and updated as required.
Each directive outlines enhanced due diligence requirements or other countermeasures for entities engaging in specific financial activities with designated jurisdictions. FINTRAC is responsible for informing reporting entities when a directive is issued and provides guidance on its implementation.
Transaction Restrictions and Regulatory Framework
In more severe cases, the Minister of Finance also holds the authority to recommend regulatory measures that restrict transactions with high-risk jurisdictions altogether. These restrictions, which require consultation with the Minister of Foreign Affairs, are considered only in cases posing significant threats to Canada’s financial integrity.
Regulations resulting from such recommendations must be approved by the federal Cabinet and published in the Canada Gazette. Unlike directives, transaction restrictions are developed on a case-by-case basis and may impose comprehensive prohibitions on financial engagements.
Compliance and Penalties
FINTRAC monitors compliance with all active directives and restrictions through both desk-based reviews and on-site inspections. Entities found in violation may be subjected to administrative monetary penalties or, in cases of serious or repeated non-compliance, referred to law enforcement.
The current penalties regime has been extended to include non-compliance with directives. Under Canadian law, individuals or entities found guilty of breaching a directive may face fines up to CAD 250,000 or imprisonment for up to two years upon summary conviction. In more serious cases tried by indictment, penalties may reach CAD 500,000 or imprisonment for up to five years.
Importantly, both criminal charges and administrative penalties cannot be applied for the same instance of non-compliance, ensuring proportionality in enforcement actions.
Government Guidance and Oversight
The Department of Finance has issued public guidance on Part 1.1 of the Act to help entities understand their responsibilities. Each directive is reviewed at least once every three years to ensure it remains appropriate to the evolving global risk environment.
FINTRAC’s role in assessing compliance continues to expand, with a mandate that includes evaluating how entities respond to directives as part of their broader obligations under the Act.
Context
Canada’s approach aligns with international standards set by the Financial Action Task Force (FATF), which encourages financial jurisdictions to adopt proactive and coordinated strategies to identify and mitigate cross-border threats. By issuing directives and considering transaction restrictions, Canadian authorities aim to fortify national financial security while maintaining transparency and due process.
The measures come as global financial systems face increasing threats from cyber-enabled fraud, opaque offshore structures, and geopolitical instability that can provide cover for illicit finance.
According to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), these measures are intended to protect Canada’s financial system from foreign threats linked to money laundering and terrorism financing. The directives, which remain in force until formally revoked or amended, require compliance from businesses classified as reporting entities under Canadian law.
Designated Jurisdictions and Directives in Force
As of March 2025, Canada has active directives concerning three countries: the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea (North Korea). The directive relating to Russia was most recently updated in March 2025, while those concerning Iran and North Korea were introduced in 2020 and 2017 respectively, and updated as required.
Each directive outlines enhanced due diligence requirements or other countermeasures for entities engaging in specific financial activities with designated jurisdictions. FINTRAC is responsible for informing reporting entities when a directive is issued and provides guidance on its implementation.
Transaction Restrictions and Regulatory Framework
In more severe cases, the Minister of Finance also holds the authority to recommend regulatory measures that restrict transactions with high-risk jurisdictions altogether. These restrictions, which require consultation with the Minister of Foreign Affairs, are considered only in cases posing significant threats to Canada’s financial integrity.
Regulations resulting from such recommendations must be approved by the federal Cabinet and published in the Canada Gazette. Unlike directives, transaction restrictions are developed on a case-by-case basis and may impose comprehensive prohibitions on financial engagements.
Compliance and Penalties
FINTRAC monitors compliance with all active directives and restrictions through both desk-based reviews and on-site inspections. Entities found in violation may be subjected to administrative monetary penalties or, in cases of serious or repeated non-compliance, referred to law enforcement.
The current penalties regime has been extended to include non-compliance with directives. Under Canadian law, individuals or entities found guilty of breaching a directive may face fines up to CAD 250,000 or imprisonment for up to two years upon summary conviction. In more serious cases tried by indictment, penalties may reach CAD 500,000 or imprisonment for up to five years.
Importantly, both criminal charges and administrative penalties cannot be applied for the same instance of non-compliance, ensuring proportionality in enforcement actions.
Government Guidance and Oversight
The Department of Finance has issued public guidance on Part 1.1 of the Act to help entities understand their responsibilities. Each directive is reviewed at least once every three years to ensure it remains appropriate to the evolving global risk environment.
FINTRAC’s role in assessing compliance continues to expand, with a mandate that includes evaluating how entities respond to directives as part of their broader obligations under the Act.
Context
Canada’s approach aligns with international standards set by the Financial Action Task Force (FATF), which encourages financial jurisdictions to adopt proactive and coordinated strategies to identify and mitigate cross-border threats. By issuing directives and considering transaction restrictions, Canadian authorities aim to fortify national financial security while maintaining transparency and due process.
The measures come as global financial systems face increasing threats from cyber-enabled fraud, opaque offshore structures, and geopolitical instability that can provide cover for illicit finance.
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