United Nations Sudan Regulations (SOR/2004-197)

Regulations are current to 2014-07-22

United Nations Sudan Regulations

SOR/2004-197

UNITED NATIONS ACT

Registration 2004-09-23

United Nations Sudan Regulations

P.C. 2004-1011 2004-09-23

Whereas the Security Council of the United Nations, under Article 41 of the Charter of the United Nations, adopted Resolution 1556 (2004) on July 30, 2004;

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 section 2 of the United Nations Act, hereby makes the annexed United Nations Sudan Regulations.

INTERPRETATION

 The definitions in this section apply in these Regulations.

“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)

“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 1591 (2005) of March 29, 2005. (Comité du Conseil de sécurité)

“Comprehensive Peace Agreement”

“Comprehensive Peace Agreement” means the Comprehensive Peace Agreement between the Government of Sudan and the Sudan People's Liberation Movement/Army, signed in Nairobi, Kenya on January 9, 2005. (Accord de paix global)

“entity”

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

“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)

“regional organization of states”

“regional organization of states” includes the African Union, established pursuant to the Constitutive Act of the African Union adopted at Lomé, Togo, on July 11, 2000. (organisation régionale d'États)

“Security Council Resolution”

“Security Council Resolution”[Repealed, SOR/2005-122, s. 2]

“Security Council Resolutions”

“Security Council Resolutions” means Resolution 1556 (2004) of July 30, 2004 and Resolution 1591 (2005) of March 29, 2005, adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

“Sudan”

“Sudan” means the Republic of Sudan and includes its political subdivisions. (Soudan)

“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/2005-122, s. 2.

APPLICATION

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

PROHIBITIONS

 Subject to sections 6 to 9, 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 Sudan.

  • SOR2005-122, s. 3.

 Subject to sections 6 to 9, no owner or master of a Canadian ship, within the meaning of section 2 of the Canada Shipping Act, 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 any person in Sudan.

  • SOR2005-122, s. 3.

 Subject to sections 6 to 9, no person in Canada and no Canadian outside Canada shall knowingly provide, directly or indirectly, to any person in Sudan technical assistance related to the provision, manufacture, maintenance or use of arms and related material.

  • SOR2005-122, s. 3.

 Sections 3 to 5 do not apply in respect of arms and related material and related technical assistance for a monitoring, verification or peace support operation, including such an operation led by a regional organization of states, if the operation

  • (a) is authorized by the Security Council of the United Nations or by the Committee of the Security Council; or

  • (b) operates with the consent of the relevant parties as contemplated by paragraph 9 of Resolution 1556 (2004) of July 30, 2004 adopted by the Security Council of the United Nations.

  • SOR2005-122, s. 3.

 Sections 3 to 5 do not apply in respect of non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, and in respect of the provision of related technical assistance.

 Sections 3 to 5 do not apply in respect of protective clothing, including flak jackets and military helmets, if it is intended for the personal use of United Nations personnel, human rights monitors, representatives of the media and humanitarian and development workers and associated personnel.

 Sections 3 to 5 do not apply in respect of arms and related material or technical assistance that

  • (a) are provided in support of implementation of the Comprehensive Peace Agreement; or

  • (b) are brought into the Darfur region of Sudan, if their movement is approved by the Committee of the Security Council upon a request by the Government of Sudan.

  • SOR2005-122, s. 4.

 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 as at March 29, 2005 or at any time after that date by

    • (i) a person designated by the Committee of the Security Council, or

    • (ii) an entity owned or controlled by a person referred to in subparagraph (i) or by a person acting on behalf or at the direction of a person referred to in subparagraph (i);

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

  • (d) make any property — other than the necessaries of life — available, directly or indirectly, to any person referred to in paragraph (a) or for their benefit.

  • SOR2005-122, s. 4.

 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.

  • SOR2005-122, s. 4.

EXCEPTION

 No person contravenes these Regulations by doing an act or thing prohibited by any of sections 3 to 5, 10 and 11 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 such a thing be prohibited; or

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

  • SOR2005-122, s. 4.