United Nations Côte d’Ivoire Regulations (SOR/2005-127)

Regulations are current to 2014-12-08

United Nations Côte d’Ivoire Regulations

SOR/2005-127

UNITED NATIONS ACT

Registration 2005-05-03

United Nations Côte d’Ivoire Regulations

P.C. 2005-699 2005-05-03

Whereas the Security Council of the United Nations, under Article 41 of the Charter of the United Nations, adopted Resolution 1572 (2004) on November 15, 2004 and Resolution 1584 (2005) on February 1, 2005;

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 Côte d'Ivoire Regulations.

INTERPRETATION

 The following definitions 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 subsection 2(1) 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 paragraph 14 of the Security Council Resolution 1572 (2004) of November 15, 2004. (Comité du Conseil de sécurité)

“Côte d'Ivoire”

“Côte d'Ivoire” means the Republic of Côte d'Ivoire, and includes its political subdivisions. (Côte d'Ivoire)

“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)

“Security Council Resolutions”

“Security Council Resolutions” means Resolution 1572 (2004) of November 15, 2004, and Resolution 1584 (2005) of February 1, 2005, 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 instruction, training, consulting services, 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)

“UNOCI”

“UNOCI” means the United Nations Operation to Côte d'Ivoire. (ONUCI)

APPLICATION

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

PROHIBITIONS

 Subject to sections 6 to 10, 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 Côte d'Ivoire.

 Subject to sections 6 to 10, 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 Côte d'Ivoire.

 Subject to sections 6 to 10, no person in Canada and no Canadian outside Canada shall knowingly provide, directly or indirectly, to any person in Côte d'Ivoire technical assistance related to military activities.

 Sections 3 to 5 do not apply in respect of arms and related material and technical assistance intended solely for the support of UNOCI and the French armed forces in support of UNOCI, or for their use.

 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 has approved in advance the supply of such equipment or related technical assistance, as the case may be.

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

 Sections 3 to 5 do not apply in respect of arms and related material and technical assistance temporarily exported to Côte d'Ivoire to the armed forces of any State that is taking action, in accordance with international law, solely and directly to facilitate the evacuation of its nationals and those for whom it has consular responsibility in Côte d'Ivoire, if the Committee of the Security Council was notified in advance of the supply of such arms and related material or technical assistance, as the case may be.

 Sections 3 to 5 do not apply in respect of arms and related material and technical assistance intended solely for the support of, or for use in the process of restructuring defence and security forces, if the Committee of the Security Council approved in advance the supply of such arms and related material or technical assistance, as the case may be.

 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 December 15, 2004 or at any time after that date by

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

    • (ii) a person, designated by the Committee of the Security Council, who is acting on behalf of, or at the direction of, another person designated by the Committee of the Security Council, or

    • (iii) an entity owned or controlled 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.

 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 11.

EXCEPTION

 No person contravenes these Regulations by doing an act or a thing prohibited by any of sections 3 to 5, 11 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 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.

COMING INTO FORCE

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