Regulations Implementing the United Nations Resolutions on Liberia (SOR/2001-261)

Regulations are current to 2014-10-15 and last amended on 2009-01-29. Previous Versions

Regulations Implementing the United Nations Resolutions on Liberia

SOR/2001-261

UNITED NATIONS ACT

Registration 2001-07-12

Regulations Implementing the United Nations Resolutions on Liberia

P.C. 2001-1272 2001-07-12

Whereas the Security Council of the United Nations, under Article 41 of the Charter of the United Nations, adopted Security Council Resolution 1343 (2001) on March 7, 2001;

And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in that Resolution to be effectively applied;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to sections 2 and 3 of the United Nations Act, hereby makes the annexed United Nations Liberia Regulations.

INTERPRETATION

 The definitions in this section apply in these Regulations.

“admission”

“admission”[Repealed, SOR/2003-262, s. 2]

“aircraft”

“aircraft” includes a helicopter. (aéronef)

“arms and related material”

“arms and related material” means any type of weapon, ammunition, military vehicle or military or paramilitary equipment, and includes their spare parts. (armes et matériel connexe)

“Canadian”

“Canadian” means an individual who is a citizen within the meaning of the Citizenship Act or a body corporate incorporated by or continued under the laws of Canada or a province. (Canadien)

“Canadian ship”

“Canadian ship”[Repealed, SOR/2009-23, s. 2]

“Charles Taylor or his associates”

“Charles Taylor or his associates”[Repealed, SOR/2009-23, s. 2]

“Committee of the Security Council”

“Committee of the Security Council” means the Committee of the Security Council of the United Nations established by Security Council Resolution 1521 (2003) of December 22, 2003. (Comité du Conseil de sécurité)

“common-law partner”

“common-law partner”[Repealed, SOR/2003-262, s. 2]

“designated person”

“designated person” means any person designated by the Committee of the Security Council under paragraphs 1 and 4 of Resolution 1532 (2004) of March 12, 2004, adopted by the Security Council of the United Nations. (personne désignée)

“entity”

“entity” means a body corporate, a trust, a partnership, a fund, an unincorporated association or organization or a foreign state. (entité)

“Liberia”

“Liberia” means the Republic of Liberia and includes its political subdivisions. (Libéria)

“Minister”

“Minister” means the Minister of Foreign Affairs. (ministre)

“person”

“person” means an individual or an entity. (personne)

“property”

“property” means property of every description and documents relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods, and includes any funds, financial assets or economic resources. (bien)

“rough diamond”

“rough diamond” includes any unrefined, partly refined, uncut or otherwise unprocessed diamond. (diamant brut)

“Security Council Resolution”

“Security Council Resolution”[Repealed, SOR/2003-262, s. 2]

“Security Council Resolutions”

“Security Council Resolutions” means Resolution 1521 (2003) of December 22, 2003, Resolution 1532 (2004) of March 12, 2004, Resolution 1683 (2006) of June 13, 2006, Resolution 1689 (2006) of June 20, 2006, Resolution 1731 (2006) of December 20, 2006 and Resolution 1753 (2007) of April 27, 2007, adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

“technical assistance”

“technical assistance” means any form of assistance, such as providing instruction, training, consulting services or technical advice or transferring know-how or technical data. (aide technique)

“technical data”

“technical data” includes blueprints, technical drawings, photographic imagery, computer software, models, formulas, engineering designs and specifications, technical and operating manuals and any technical information. (données techniques)

  • SOR/2003-262, s. 2;
  • SOR/2004-153, s. 1;
  • SOR/2009-23, s. 2.

APPLICATION

 These Regulations are binding on Her Majesty in right of Canada or a province.

PROHIBITIONS

 Subject to sections 13.4 to 13.7, no person in Canada and no Canadian outside Canada shall knowingly export, sell, supply or ship arms and related material, wherever situated, to any person in Liberia.

  • SOR/2004-153, s. 2;
  • SOR/2009-23, s. 3.

 Subject to sections 13.4 to 13.7, no owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, and no operator of an aircraft registered in Canada shall knowingly carry, cause to be carried or permit to be carried, arms and related material, wherever situated, destined for Liberia or any person in Liberia.

  • SOR/2004-153, s. 2;
  • SOR/2009-23, s. 3.

 Subject to sections 13.4 to 13.7, no person in Canada and no Canadian outside Canada shall knowingly provide to any person in Liberia technical assistance related to the provision, manufacture, maintenance or use of arms and related material.

  • SOR/2004-153, s. 2;
  • SOR/2009-23, s. 3.

 [Repealed, SOR/2009-23, s. 3]

 [Repealed, SOR/2009-23, s. 3]

 [Repealed, SOR/2009-23, s. 3]

 [Repealed, SOR/2009-23, s. 3]

 [Repealed, SOR/2009-23, s. 3]

 No person in Canada and no Canadian outside Canada shall knowingly

  • (a) deal, directly or indirectly, in any property in Canada that is owned or controlled directly or indirectly by a designated person or by an entity owned or controlled, directly or indirectly, by a designated person;

  • (b) enter into or facilitate, directly or indirectly, any financial transaction related to a dealing in property referred to in paragraph (a);

  • (c) provide any financial services or other related services in respect of any property referred to in paragraph (a); or

  • (d) make any property available, directly or indirectly, to any person referred to in paragraph (a) or for their benefit.

  • SOR/2004-153, s. 4;
  • SOR/2009-23, s. 4.

 [Repealed, SOR/2003-262, s. 3]

 No person in Canada and no Canadian outside Canada shall knowingly do anything that causes, assists or promotes, or is intended to cause, assist or promote, any act or thing prohibited by sections 3 to 5 and 10.

  • SOR/2009-23, s. 5.

DUTY TO DETERMINE

 Each of the following entities must determine on a continuing basis whether it is in possession or control of property owned or controlled directly or indirectly by a designated person or by an entity owned or controlled, directly or indirectly, by a designated person:

  • (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 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; and

  • (i) entities authorized under provincial legislation to engage in the business of dealing in securities, or to provide portfolio management or investment counselling services.

  • SOR/2009-23, s. 5.

DISCLOSURE

  •  (1) Every person in Canada and every Canadian outside Canada shall disclose without delay to the Commissioner of the Royal Canadian Mounted Police and to the Director of the Canadian Security Intelligence Service

    • (a) the existence of property in their possession or control that they have reason to believe is owned or controlled, directly or indirectly, by a designated person or by an entity owned or controlled, directly or indirectly, by a designated person; and

    • (b) information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

  • (2) No person contravenes subsection (1) by disclosing in good faith under that subsection.

  • SOR/2009-23, s. 5.

PETITION TO NO LONGER BE A DESIGNATED PERSON

  •  (1) Any Canadian or person in Canada who is a designated person may petition the Minister in writing to no longer be a designated person.

  • (2) The Minister shall notify the petitioner, within 90 days after receiving the petition, of his or her decision on whether to submit the petition to the Committee of the Security Council.

  • (3) If there has been a material change in circumstances since the last petition was submitted, a person may submit another petition under subsection (1).

  • SOR/2009-23, s. 5.

EXCEPTIONS

  •  (1) A person claiming not to be a designated person may apply to the Minister for a certificate stating that they are not the person who has been designated by the Committee of the Security Council.

  • (2) If it is established that the applicant is not a designated person, the Minister shall issue a certificate to the applicant within 15 days after receiving the application.

  • SOR/2009-23, s. 5.

 Sections 3 to 5 do not apply in respect of arms and related material or technical assistance that is intended solely for the United Nations Mission in Liberia.

  • SOR/2009-23, s. 5.

 Sections 3 to 5 do not apply in respect of protective clothing, including flak jackets and military helmets, temporarily exported to Liberia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only.

  • SOR/2009-23, s. 5.
  •  (1) A person wishing to export, sell, supply or ship arms and related material or provide technical assistance related to the provision, manufacture, maintenance or use of arms and related material may apply to the Minister for a certificate to exempt from the application of sections 3 to 5 those arms and related material and that technical assistance that

    • (a) are intended solely for an international training and reform program for the Liberian armed forces and police;

    • (b) consist of supplies of non-lethal military equipment intended solely for humanitarian or protective use or related technical assistance; or

    • (c) consist of limited supplies of weapons and ammunition intended solely for use by members of the Government of Liberia police and security forces who have been vetted and trained since the inception of the United Nations Mission in Liberia in October 2003.

  • (2) The Minister may not issue a certificate referred to in subsection (1) unless the export, sale, supply or shipment of those arms and related material or the provision of that technical assistance has been approved in advance by the Committee of the Security Council in accordance with the Security Council Resolutions.

  • SOR/2009-23, s. 5.
  •  (1) A person wishing to export, sell, supply or ship non-lethal military equipment, excluding non-lethal weapons and ammunition, that are intended solely for members of the Government of Liberia police and security forces who have been vetted and trained since the inception of the United Nations Mission in Liberia may apply to the Minister for a certificate to exempt that equipment from the application of sections 3 to 5.

  • (2) A person wishing to provide technical assistance related to the provision, manufacture, maintenance or use of equipment referred to in subsection (1) that is intended solely for members of the Government of Liberia police and security forces who have been vetted and trained since the inception of the United Nations Mission in Liberia may apply to the Minister for a certificate to exempt that technical assistance from the application of sections 3 to 5.

  • (3) The Minister may not issue a certificate referred to in subsections (1) and (2) prior to having notified in advance the Committee of the Security Council of his or her intent to issue the certificate.

  • SOR/2009-23, s. 5.
  •  (1) A person whose property has been affected by the application of section 10 may apply to the Minister for a certificate to exempt property from the application of that section if the property is necessary for basic or extraordinary expenses of the designated person, or if it is the subject of a judicial, administrative or arbitral lien or judgment, a hypothec, prior claim, mortgage, charge or security interest.

  • (2) The Minister shall issue a certificate, if the necessity of that property for basic or extraordinary expenses is established in accordance with Resolution 1532 (2004) of March 12, 2004 of the Security Council of the United Nations, or if the property is the subject of a judicial, administrative or arbitral lien or judgment, a hypothec, prior claim, mortgage, charge or security interest

    • (a) in the case of property necessary for basic expenses, if the Committee of the Security Council did not refuse the release of the property, within 15 working days after receiving the application;

    • (b) in the case of property necessary for extraordinary expenses, if the Committee of the Security Council approved the release of the property, within 30 working days after receiving the application; and

    • (c) in the case of property that is the subject of a judicial, administrative or arbitral lien or judgment, a hypothec, prior claim, mortgage, charge or security interest, if the lien, judgment, hypothec, prior claim, mortgage, charge or security interest was entered before March 12, 2004, is not for the benefit of a designated person or an entity owned or controlled directly or indirectly by a designated person, and has been brought to the attention of the Committee of the Security Council by the Minister, within 90 days after receiving the application.

  • SOR/2009-23, s. 5.

 No person contravenes these Regulations by doing an act or thing prohibited by any of sections 3 to 5, 8 to 10 and 12 if, before the person does that act or thing, the Minister of Foreign Affairs issues a certificate to the person stating that

  • (a) the Security Council Resolutions do not intend that such an act or thing be prohibited; or

  • (b) the act or thing has been approved by the Security Council of the United Nations or by the Committee of the Security Council.

  • SOR/2003-262, s. 6;
  • SOR/2004-153, s. 5.

 [Repealed, SOR/2003-262, s. 7]

COMING INTO FORCE

 These Regulations come into force on the day on which they are registered.