Version of document from 2006-11-09 to 2009-07-29:

Regulations Implementing the United Nations Resolution on the Democratic People’s Republic of Korea

SOR/2006-287

UNITED NATIONS ACT

Registration 2006-11-09

Regulations Implementing the United Nations Resolution on the Democratic People’s Republic of Korea

P.C. 2006-1312 2006-11-09

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1718 (2006) on October 14, 2006;

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 Regulations Implementing the United Nations Resolution on the Democratic People’s Republic of Korea.

INTERPRETATION

 The following definitions apply in these Regulations.

“armoured combat vehicles”

“armoured combat vehicles” means tracked, semi-tracked or wheeled self-propelled vehicles, with armoured protection and cross-country capability, either

  • (a) designed and equipped to transport a squad of four or more infantrymen; or

  • (b) armed with an integral or organic weapon of at least 12.5 mm calibre or a missile launcher. (véhicules de combat blindés)

“arms and related material”

“arms and related material” means battle tanks, armoured combat vehicles, large calibre artillery systems, combat aircraft, attack helicopters, warships, missiles or missile systems, or related material and includes their spare parts. It also includes any item determined under subparagraph 8(a)(i) of the Security Council Resolution by the Committee of the Security Council or by the Security Council of the United Nations. (armes et matériel connexe)

“attack helicopters”

“attack helicopters” means rotary-wing aircraft designed, equipped or modified to engage targets by employing guided or unguided anti-amour, air-to-surface, air-to-subsurface or air-to-air weapons and equipped with an integrated fire control and aiming system for those weapons, including versions of those aircraft that perform specialized reconnaissance or electronic warfare missions. (hélicoptères d’attaque)

“battle tanks”

“battle tanks” means tracked or wheeled self-propelled armoured fighting vehicles with high cross-country mobility and a high level of self-protection, weighing at least 16.5 metric tons unladen weight, with a high muzzle velocity direct fire main gun of at least 75 mm calibre. (chars de bataille)

“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)

“combat aircraft”

“combat aircraft” means fixed-wing or variable-geometry wing aircraft, including primary trainer aircraft, designed, equipped or modified to engage targets by employing guided missiles, unguided rockets, bombs, guns, cannons or other weapons of destruction, including versions of those aircraft that perform specialized electronic warfare, suppression of air defence or reconnaissance missions. (avions de combat)

“Committee of the Security Council”

“Committee of the Security Council” means the Committee of the Security Council of the United Nations established under paragraph 12 of the Security Council Resolution. (Comité du Conseil de sécurité)

“Democratic People’s Republic of Korea”

“Democratic People’s Republic of Korea” means the Democratic People’s Republic of Korea and includes its political subdivisions. (République populaire démocratique de Corée)

“designated person”

“designated person” means a person or entity that has been designated by the Committee of the Security Council or by the Security Council of the United Nations under paragraph 8(d) of the Security Council Resolution as being engaged in or providing support for, including through other illicit means, the Democratic People’s Republic of Korea’s nuclear-related, other weapons of mass destruction-related and ballistic missile-related programmes. It also includes any person designated by the Committee of the Security Council under paragraph 12(e) of the Security Council Resolution. (personne désignée)

“large-calibre artillery systems”

“large-calibre artillery systems” means guns, howitzers, artillery pieces combining the characteristics of a gun or a howitzer, mortars or multiple-launch rocket systems, capable of engaging surface targets by delivering primarily indirect fire, with a calibre of 75 mm and above. (systèmes d’artillerie de gros calibre)

“luxury goods”

“luxury goods” means goods such as jewellery, gems, precious metals, watches, cigarettes, alcoholic beverages, perfume, designer clothing and accessories, furs, sporting goods, private aircraft, gourmet foods and ingredients, lobster, computers, televisions and other electronic devices. (articles de luxe)

“Minister”

“Minister” means the Minister of Foreign Affairs. (ministre)

“missiles and missile systems”

“missiles and missile systems” means

  • (a) guided or unguided rockets, ballistic or cruise missiles or remotely piloted vehicles capable of delivering a warhead or weapon of destruction to a range of at least 25 km, excluding ground-to-air missiles;

  • (b) devices — other than battle tanks, armoured combat vehicles, large calibre artillery systems, combat aircraft, attack helicopters or warships — designed or modified specifically for launching such missiles or rockets; or

  • (c) Man-Portable Air-Defence Systems (MANPADS). (missiles et lanceurs de missiles)

“person”

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

“resources contributing to the Democratic People’s Republic of Korea’s weapons programme”

“resources contributing to the Democratic People’s Republic of Korea’s weapons programme” means all items, materials, equipment, goods and technology that appear on the lists set out in the Security Council of the United Nations documents S/2006/814 and S/2006/815. It includes any other items, materials, equipment, goods and technology identified for the purpose of subparagraph 8(a)(ii) of the Security Council Resolution by the Committee of the Security Council or by the Security Council of the United Nations. (ressources contribuant au programme d’armement de la République populaire démocratique de Corée)

“Security Council Resolution”

“Security Council Resolution” means Resolution 1718 (2006) of October 14, 2006 adopted by the Security Council of the United Nations. (résolution du Conseil de sécurité)

“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)

“warships”

“warships” means vessels or submarines armed and equipped for military use with a standard displacement of 750 metric tons or above, and those with a standard displacement of less than 750 metric tons, equipped for launching missiles with a range of at least 25 km or torpedoes with similar range. (navires de guerre)

APPLICATION

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

PROHIBITIONS

 No person in Canada and no Canadian outside Canada shall knowingly export, sell, supply, transfer or ship, directly or indirectly, any of the following items, wherever situated, to any person in the Democratic People’s Republic of Korea:

  • (a) arms and related material;

  • (b) resources contributing to the Democratic People’s Republic of Korea’s weapons programme; or

  • (c) luxury goods.

 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, resources contributing to the Democratic People’s Republic of Korea’s weapons programme or luxury goods, wherever situated, destined for any person in the Democratic People’s Republic of Korea.

 No person in Canada and no Canadian outside Canada shall knowingly import, buy or procure any of the following items, wherever situated, from any person in the Democratic People’s Republic of Korea or any citizen of the Democratic People’s Republic of Korea:

  • (a) arms and related material; or

  • (b) resources contributing to the Democratic People’s Republic of Korea’s weapons programme.

 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 or resources contributing to the Democratic People’s Republic of Korea’s weapons programme, wherever situated, destined for any person in Canada and procured from any person in the Democratic People’s Republic of Korea or any citizen of the Democratic People’s Republic of Korea.

 No person in Canada and no Canadian outside Canada shall knowingly provide or transfer, to any person in the Democratic People’s Republic of Korea, technical assistance related to the provision, manufacture, maintenance or use of arms and related material or resources contributing to the Democratic People’s Republic of Korea’s weapons programme.

 No person in Canada and no Canadian outside Canada shall knowingly accept the provision or transfer, from any person in the Democratic People’s Republic of Korea or from any citizen of the Democratic People’s Republic of Korea, technical assistance related to the provision, manufacture, maintenance or use of arms and related material or resources contributing to the Democratic People’s Republic of Korea’s weapons programme.

 No person in Canada and no Canadian outside Canada shall knowingly

  • (a) deal directly or indirectly in any property in Canada as at October 14, 2006 or at any time after that date, that is owned or controlled, directly or indirectly, by a designated person or by a person acting on behalf of, or at the direction of, a designated person;

  • (b) enter into or facilitate, directly or indirectly, any financial 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, to or for the benefit of a designated person.

 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 9.

DUTY TO DETERMINE

  •  (1) Each of the following entities must determine on a continuing basis whether it is in possession or control of property owned or controlled by or on behalf of a designated person:

    • (a) authorized foreign banks, within the meaning of section 2 of the Bank Act, in respect of their business in Canada or banks to which that Act applies;

    • (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;

    • (c) foreign companies, within the meaning of subsection 2(1) of the Insurance Companies Act, in respect of their insurance business in Canada;

    • (d) companies, provincial companies and societies, within the meaning of subsection 2(1) of the Insurance Companies Act;

    • (e) fraternal benefit societies regulated by a provincial Act in respect of their insurance activities and insurance companies and other entities engaged in the business of insuring risks that are regulated by a provincial Act;

    • (f) companies to which the Trust and Loan Companies Act applies;

    • (g) trust companies regulated by a provincial Act;

    • (h) loan companies regulated by a provincial Act; and

    • (i) entities authorized under provincial legislation to engage in the business of dealing in securities, or to provide portfolio management or investment counselling services.

  • (2) Every entity referred to in subsection (1) must report monthly, 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 that subsection; 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) No person contravenes subsection (2) by making a report in good faith under that subsection.

DISCLOSURE

  •  (1) Every person in Canada and every Canadian outside Canada shall disclose without delay to the Commissioner of the Royal Canadian Mounted Police and to the Director of the Canadian Security Intelligence Service

    • (a) the existence of property in their possession or control that they have reason to believe is owned or controlled by or on behalf of a designated person; and

    • (b) information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

  • (2) No person contravenes subsection (1) for disclosure made in good faith under that subsection.

PETITION TO NO LONGER BE A DESIGNATED PERSON

  •  (1) Any Canadian or person in Canada who is a designated person may petition the Minister in writing to no longer be a designated person.

  • (2) The Minister shall notify the petitioner, within 60 days after receiving the petition, of his or her decision to submit the petition to the Security Council of the United Nations or to the Committee of the Security Council, as the case may be.

  • (3) If there has been a material change in circumstances since the last petition was submitted, a person may submit another petition under subsection (1).

EXCEPTIONS

  •  (1) A person claiming not to be a designated person may apply to the Minister for a certificate stating that they are not the person who has been designated by the Committee of the Security Council or by the Security Council of the United Nations.

  • (2) If it is established that the applicant is not a designated person, the Minister shall issue a certificate to the applicant within 15 days after receiving the application.

  •  (1) A person whose property has been affected by the application of section 9 may apply to the Minister for a certificate to exempt property from the application of that section if the property is necessary for basic or extraordinary expenses or if it is the subject of a judicial, administrative or arbitral lien, a hypothec or prior claim, or a judgment.

  • (2) The Minister shall issue a certificate, if the necessity of that property is established in accordance with the Security Council Resolution, or if the property is the subject of a judicial, administrative or arbitral lien, a hypothec or prior claim, or a judgment,

    • (a) in the case of property necessary for basic expenses, within 15 days after receiving the application, if the Committee of the Security Council did not refuse the release of the property;

    • (b) in the case of property necessary for extraordinary expenses, within 30 days after receiving the application, if the Committee of the Security Council approved the release of the property; and

    • (c) in the case of property that is the subject of a judicial, administrative or arbitral lien, a hypothec or prior claim, or a judgment, within 90 days after receiving the application, if the lien, hypothec, prior claim or judgment was entered prior to October 14, 2006, is not for the benefit of a designated person and has been brought to the attention of the Committee of the Security Council or the Security Council of the United Nations, as the case may be, by the Minister.

 No person contravenes these Regulations by doing an act or thing prohibited by any of sections 3 to 10 if, before the person does that act or thing, the Minister issues a certificate to the person stating that

  • (a) the Security Council Resolution does not intend that such an act or thing be prohibited; or

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

COMING INTO FORCE

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