United Nations Iraq Regulations (SOR/2004-221)

Regulations are current to 2014-09-15

United Nations Iraq Regulations

SOR/2004-221

UNITED NATIONS ACT

Registration 2004-10-19

United Nations Iraq Regulations

P.C. 2004-1176 2004-10-19

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Security Council Resolution 1483 (2003) on May 22, 2003, Security Council Resolution 1511 (2003) on October 16, 2003, Security Council Resolution 1518 (2003) on November 24, 2003, and Security Council Resolution 1546 (2004) on June 8, 2004;

And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in those resolutions 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 Iraq 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 equipment, including their spare parts. (armes et matériel connexe)

“Canadian”

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

“Committee”

“Committee” means

  • (a) the Committee of the Security Council established by Resolution 661 (1990) of August 6, 1990 and modified by Resolution 1483 (2003) of May 22, 2003; or

  • (b) the Committee of the Security Council established by Resolution 1518 (2003) of November 24, 2003. (Comité)

“Development Fund for Iraq”

“Development Fund for Iraq” means the fund identified by paragraph 12 of Resolution 1483 (2003) of May 22, 2003. (Fonds de développement pour l'Iraq)

“individual or entity identified by the Committee”

“individual or entity identified by the Committee” means an individual or entity described in paragraph 23(b) of Resolution 1483 (2003) of May 22, 2003 that is identified by the Committee pursuant to paragraph 19 of that resolution. (individu ou entité recensé par le Comité)

“person”

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

“previous Government of Iraq”

“previous Government of Iraq” means the Government of Iraq and the governments of its political subdivisions, including their state bodies, corporations and agencies, that existed prior to May 22, 2003. (Gouvernement iraquien précédent)

“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)

“public entity identified by the Committee”

“public entity identified by the Committee” means an entity described in paragraph 23(a) of Resolution 1483 (2003) of May 22, 2003 that is identified by the Committee pursuant to paragraph 19 of that resolution. (entité publique recensée par le Comité)

“Resolution”

“Resolution” means a resolution adopted by the Security Council of the United Nations. (résolution)

APPLICATION

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

LEGAL PROCEEDINGS

  •  (1) No legal proceeding — and no attachment, garnishment or execution — shall lie against

    • (a) any petroleum, petroleum product or natural gas originating in Iraq until the title or right to the petroleum, petroleum product or natural gas passes to an initial purchaser;

    • (b) the proceeds or obligations from the initial sale of any petroleum, petroleum product or natural gas originating in Iraq; or

    • (c) the Development Fund for Iraq, including its property wherever located.

  • (2) Subsection (1) does not apply in respect of the enforcement of a final judgement arising out of a contractual obligation entered into after June 28, 2004 by the Government of Iraq, a government of a political subdivision of Iraq or their state bodies, corporations or agencies.

  • (3) Subsection (1) does not apply if recourse to the proceeds or obligations referred to in paragraph (1)(b) is necessary to satisfy liability for damages assessed in connection with an ecological accident, including an oil spill, that occurs after May 22, 2003.

PROHIBITIONS

 No person in Canada and no Canadian outside of Canada shall knowingly export, sell, supply or send to any person in Iraq arms and related material unless they are required by the Government of Iraq, or by a multinational force under unified command, to serve the purposes of Resolution 1546 of June 8, 2004.

  •  (1) No person in Canada and no Canadian outside of Canada shall knowingly

    • (a) deal directly or indirectly in any property in Canada that

      • (i) was owned on May 22, 2003, and continues to be owned, by the previous Government of Iraq or any public entity identified by the Committee, or

      • (ii) is owned or controlled by or held on behalf of any individual or entity identified by the Committee;

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

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

  • (2) Subsection (1) does not prohibit dealings in property that are undertaken by

    • (a) Her Majesty in right of Canada in compliance with Resolution 1483 (2003) of May 22, 2003, Resolution 1511 (2003) of October 16, 2003, or Resolution 1518 (2003) of November 24, 2003; or

    • (b) any person in compliance with subsection 7(3).

  • (3) For greater certainty, subsection (1) does not apply to the property of diplomatic missions and consular posts of Iraq in Canada.

CAUSING, ASSISTING OR PROMOTING

 No person in Canada and no Canadian outside of Canada shall knowingly do anything that causes, assists or promotes, or is intended to cause, assist or promote, any act prohibited by sections 4 and 5.

DISCLOSURE AND TRANSFER

  •  (1) Every person in Canada and every Canadian outside of Canada who is knowingly in possession or control of any property described in paragraph 5(1)(a) shall without delay notify in writing the Director of the United Nations, Human Rights and Economic Law Division of the Department of Foreign Affairs and International Trade.

  • (2) The notice must contain the following information:

    • (a) the value, location and nature of the property;

    • (b) the name, address and telephone number of the person in possession or control;

    • (c) the date on which the person came into possession or control;

    • (d) if the property is described in subparagraph 5(1)(a)(i), the name of the owner;

    • (e) if the property is described in subparagraph 5(1)(a)(ii), the name of the individual or entity identified by the Committee that owns or controls the property or on whose behalf the property is held; and

    • (f) if the person has knowledge that the property is subject to a judicial, administrative or arbitral decision or measure made prior to the coming into force of these Regulations, a description of the decision or measure.

  • (3) Unless notified by the Director within 45 days of providing notice, the person shall at the end of that period transfer without delay to the account of the Development Fund for Iraq at the Federal Reserve Bank of New York any cash, currency or securities, negotiable instruments or other financial instruments described in the notice that is not required to satisfy any decision or measure referred to in paragraph (2)(f).

CERTIFICATE

 No person contravenes these Regulations by doing an act or thing prohibited by any of sections 4 to 7 or by omitting to do an act or thing required by those sections if, before the person does or omits to do that act or thing, the Minister of Foreign Affairs issues a certificate to the person stating that

  • (a) Resolution 1483 (2003) of May 22, 2003, Resolution 1511 (2003) of October 16, 2003, Resolution 1518 (2003) of November 24, 2003, or Resolution 1546 (2004) of June 8, 2004, do not prohibit the act or omission; or

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

CLAIMS

 No claim in respect of any contract or transaction the performance of which has been affected by reason of the measures imposed by these Regulations shall lie against Her Majesty in right of Canada or a province or against a person in Canada at the instance of

  • (a) the previous Government of Iraq, a public entity identified by the Committee or an individual or entity identified by the Committee;

  • (b) any person in Iraq; or

  • (c) any person claiming through or for the benefit of any person or body referred to in paragraph (a) or (b).

REPEAL

 The United Nations Iraq RegulationsFootnote 1 are repealed.

COMING INTO FORCE

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