United Nations Democratic Republic of the Congo Regulations (SOR/2004-222)

Regulations are current to 2014-09-29

United Nations Democratic Republic of the Congo Regulations

SOR/2004-222

UNITED NATIONS ACT

Registration 2004-10-19

United Nations Democratic Republic of the Congo Regulations

P.C. 2004-1177 2004-10-19

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1493 (2003) on July 28, 2003, Resolution 1533 (2004) on March 12, 2004 and Resolution 1552 (2004) on July 27, 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 Democratic Republic of the Congo Regulations.

INTERPRETATION

 The following definitions apply in these Regulations.

“arms and related material”

“arms and related material” means any type of weapon and ammunition, 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 1533 (2004) of March 12, 2004. (Comité du Conseil de sécurité)

“Democratic Republic of the Congo”

“Democratic Republic of the Congo” includes its political subdivisions. (République démocratique du Congo)

“entity”

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

“MONUC”

“MONUC” means the United Nations Organization Mission in the Democratic Republic of the Congo. (MONUC)

“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)

“Security Council Resolutions”

“Security Council Resolutions” means Resolution 1493 (2003) of July 28, 2003, Resolution 1533 (2004) of March 12, 2004, Resolution 1552 (2004) of July 27, 2004 and Resolution 1596 (2005) of April 18, 2005, adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

“Special Representative”

“Special Representative” means the Special Representative of the Secretary-General of the United Nations for the Democratic Republic of the Congo. (représentant spécial)

“technical assistance”

“technical assistance” means any form of assistance, such as providing instruction, training, consulting services or technical advice, transferring know-how or technical data and includes financing and providing financial assistance. (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/2005-306, s. 1.

APPLICATION

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

PROHIBITIONS

 Subject to sections 6 and 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 the Democratic Republic of the Congo.

 Subject to sections 6 and 7, 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 the Democratic Republic of the Congo.

 Subject to sections 6 and 7, no person in Canada and no Canadian outside Canada shall knowingly provide, directly or indirectly, to any person in the Democratic Republic of the Congo technical assistance related to military activities.

 Sections 3 to 5 do not apply in respect of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance, if the Committee of the Security Council is notified in advance of the equipment’s intended use or of the projected provision of related technical assistance, as the case may be, and does not object to it.

  • SOR/2005-306, s. 2.

 Sections 3 to 5 do not apply in respect of arms and related material and related technical assistance intended solely for support of, or use by, the MONUC.

  • SOR/2005-306, s. 2.

 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, as at April 18, 2005 or at any time after that date by a person designated by the Committee of the Security Council;

  • (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.

  • SOR/2005-306, s. 2.

 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 8.

  • SOR/2005-306, s. 2.

EXCEPTION

 No person contravenes these Regulations by doing an act or thing prohibited by any of sections 3 to 5, 8 and 9 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.

  • SOR/2005-306, s. 2.

COMING INTO FORCE

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