PROVIDING OR COLLECTING FUNDS
3. No person in Canada and no Canadian outside Canada shall knowingly provide or collect by any means, directly or indirectly, funds with the intention that the funds be used, or in the knowledge that the funds are to be used, by a listed person.
- SOR/2006-165, s. 5(F).
4. No person in Canada and no Canadian outside Canada shall knowingly
(a) deal directly or indirectly in any property of a listed person, including funds derived or generated from property owned or controlled directly or indirectly by that person;
(b) enter into or facilitate, directly or indirectly, any transaction related to a dealing referred to in paragraph (a);
(c) provide any financial or other related service in respect of the property referred to in paragraph (a); or
(d) make any property or any financial or other related service available, directly or indirectly, for the benefit of a listed person.
- SOR/2006-165, s. 6(F).
5. All secured and unsecured rights and interests held by a person, other than a listed person or an officer, director, agent or other representative of a listed person, in the frozen property are entitled to the same ranking as they would have been entitled to had the property not been frozen.
- SOR/2006-165, s. 7.
CAUSING, ASSISTING OR PROMOTING
6. 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 activity prohibited by section 3 or 4, unless the person has a certificate issued by the Minister under section 11.
DUTY TO DETERMINE
7. (1) Every entity referred to in paragraphs 83.11(1)(a) to (g) of the Criminal Code must determine on a continuing basis if it is in possession or control of property owned or controlled by or on behalf of a listed person.
(2) Every entity referred to in subsection (1) must report within the applicable period determined under subsection 83.11(2) of the Criminal Code to the principal agency or body that supervises or regulates it under federal or provincial law either
(a) that it is not in possession or control of any property referred to in subsection (1); or
(b) that it is in possession or control of such property, in which case it must also report the number of persons, contracts or accounts involved and the total value of the property.
(3) Subsection (2) does not apply in respect of any entity or class of entities that is excluded by regulations made under subsection 83.11(4) of the Criminal Code from the requirement to make a report under subsection 83.11(2) of that Act.
(4) No person contravenes subsection (2) by making a report in good faith under that subsection.
- SOR/2001-441, s. 2;
- SOR/2006-165, s. 8;
- SOR/2009-191, s. 1(E).
- Date modified: