Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK)

SOR/2006-287

UNITED NATIONS ACT

Registration 2006-11-09

Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK)

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“armoured combat vehicles”[Repealed, SOR/2009-232, s. 2]

“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)

“attack helicopters”

“attack helicopters”[Repealed, SOR/2009-232, s. 2]

“battle tanks”

“battle tanks”[Repealed, SOR/2009-232, s. 2]

“bulk cash”

“bulk cash” means an amount of currency of any country whose total value is greater than $10,000 in Canadian currency. (grande quantité d’argent en espèces)

“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“combat aircraft”[Repealed, SOR/2009-232, s. 2]

“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 Security Council Resolution 1718. (Comité du Conseil de sécurité)

“Democratic People’s Republic of Korea”

“Democratic People’s Republic of Korea”[Repealed, SOR/2009-232, s. 2]

“designated person”

“designated person” means a person 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 Security Council Resolution 1718 as being engaged in or providing support for, including through illicit means, the DPRK’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 Security Council Resolution 1718. (personne désignée)

“DPRK”

“DPRK” means the Democratic People’s Republic of Korea and includes

  • (a) its political subdivisions;

  • (b) its government and departments and the government and departments of its political subdivisions; and

  • (c) its agencies and those of its political subdivisions. (RPDC)

“large-calibre artillery systems”

“large-calibre artillery systems”[Repealed, SOR/2009-232, s. 2]

“luxury goods”

“luxury goods” includes jewelry, gems, precious and semi-precious stones, 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, yachts, racing cars, automobiles and other motor vehicles, except those that are used for public transportation, that are used to transport people. (articles de luxe)

“Minister”

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

“missiles and missile systems”

“missiles and missile systems”[Repealed, SOR/2009-232, s. 2]

“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”[Repealed, SOR/2009-232, s. 2]

“resources contributing to the DPRK’s weapons programme”

“resources contributing to the DPRK’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, S/2006/815, S/2006/853, S/2006/853/Corr.1 and S/2009/205 and in the International Atomic Energy Agency documents INFCIRC/254/Rev.7/Part 2 and INFCIRC/254/Rev.9/Part 1. It includes any other items, materials, equipment, goods and technology identified for the purpose of subparagraph 8(a)(ii) of Security Council Resolution 1718 by the Committee of the Security Council or by the Security Council of the United Nations. (ressources contribuant au programme d’armement de la RPDC)

“Security Council Resolution”

“Security Council Resolution”[Repealed, SOR/2009-232, s. 2]

“Security Council Resolution 1718”

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

“Security Council Resolution 1874”

“Security Council Resolution 1874” means Resolution 1874 (2009) of June 12, 2009 adopted by the Security Council of the United Nations. (résolution 1874 du Conseil de sécurité)

“Security Council Resolutions”

“Security Council Resolutions” means Security Council Resolution 1718 and Security Council Resolution 1874. (résolutions 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”[Repealed, SOR/2009-232, s. 2]

  • SOR/2009-232, s. 2;
  • SOR/2013-219, s. 5.

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 DPRK:

  • (a) arms and related material;

  • (b) resources contributing to the DPRK’s weapons programme;

  • (c) luxury goods; or

  • (d) bulk cash.

  • SOR/2009-232, s. 13(E);
  • SOR/2013-219, ss. 6, 12(F).

 No owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, and no operator of an aircraft registered in Canada shall knowingly carry or cause or permit to be carried arms and related material, resources contributing to the DPRK’s weapons programme, luxury goods or bulk cash, wherever situated, destined for any person in the DPRK.

  • SOR/2009-232, s. 3;
  • SOR/2013-219, s. 7.

 No person in Canada and no Canadian outside Canada shall knowingly import or procure any of the following items, wherever situated, from any person in the DPRK or any citizen of the DPRK:

  • (a) arms and related material;

  • (b) resources contributing to the DPRK’s weapons programme; or

  • (c) bulk cash.

  • SOR/2009-232, ss. 4, 13(E);
  • SOR/2013-219, ss. 8, 12(F).

 No owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, and no operator of an aircraft registered in Canada shall knowingly carry or cause or permit to be carried arms and related material, resources contributing to the DPRK’s weapons programme or bulk cash, wherever situated, destined for any person in Canada and procured from any person in the DPRK or any citizen of the DPRK.

  • SOR/2009-232, s. 5;
  • SOR/2013-219, s. 9.

 No person in Canada and no Canadian outside Canada shall knowingly provide or acquire any financial services to, from or for the benefit of or on the direction or order of the DPRK or any person in the DPRK with respect to any of the activities prohibited by sections 3 to 6 and 6.3 to 8.

  • SOR/2009-232, s. 5;
  • SOR/2013-219, s. 9.

 [Repealed, SOR/2013-219, s. 9]

  •  (1) No person in Canada and no Canadian outside Canada shall knowingly provide a vessel that is registered in the DPRK with goods, materials or services for the vessel’s operation or maintenance, including in respect of stevedoring and lighterage, if there are reasonable grounds to believe that the vessel is carrying

    • (a) arms and related material;

    • (b) resources contributing to the DPRK’s weapons programme;

    • (c) luxury goods; or

    • (d) technical data related to the provision, manufacture, maintenance or use of arms and related material or of resources contributing to the DPRK’s weapons programme.

  • (2) Subsection (1) does not apply if the goods, materials or services are necessary for humanitarian purposes.

  • SOR/2009-232, s. 5.

 No person in Canada and no Canadian outside Canada shall knowingly provide or transfer to any person in the DPRK technical assistance or any other assistance or services, such as brokering or other intermediary services, related to the provision, manufacture, maintenance or use of arms and related material or resources contributing to the DPRK’s weapons programme.

  • SOR/2009-232, s. 13(E);
  • SOR/2013-219, s. 10.

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

  • SOR/2009-232, s. 13(E);
  • SOR/2013-219, s. 12(F).

 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.

  • SOR/2009-232, s. 6(F).

 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.

 The Minister of Public Safety and Emergency Preparedness and the Minister of National Defence are authorized to disclose information to the Minister for the application of paragraph 15 of Security Council Resolution 1874.

  • SOR/2009-232, s. 7.

 The Minister is authorized to disclose information collected under section 11.1 to the Committee of the United Nations Security Council for the application of paragraph 15 of Security Council Resolution 1874.

  • SOR/2009-232, s. 7.

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) by disclosing in good faith under that subsection.

  • SOR/2009-232, s. 8.

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 whether or not 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).

  • SOR/2009-232, s. 9(E).

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 or judgment, a hypothec, prior claim, mortgage, charge or security interest.

  • (2) The Minister shall issue a certificate, if it is established, in accordance with Security Council Resolution 1718, that the property is necessary for basic or extraordinary expenses or that the property is the subject of a judicial, administrative or arbitral lien or judgment, a hypothec, prior claim, mortgage, charge or security interest,

    • (a) in the case of 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 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 or judgment, a hypothec, prior claim, mortgage, charge or security interest, within 90 days after receiving the application, if the lien, judgment, hypothec, prior claim, mortgage, charge or security interest was entered prior to October 14, 2006 and is not for the benefit of a designated person.

  • (3) The Minister shall notify the Committee of the Security Council or the Security Council of the United Nations, as the case may be, of a certificate issued under paragraph (2)(c).

  • SOR/2009-232, s. 10.
  •  (1) Sections 3, 4, 6.1, 6.3 and 7 do not apply in respect of small arms, light weapons and related material.

  • (2) A person wishing to export, sell, supply, transfer or ship, directly or indirectly, small arms and light weapons and related material to the DPRK shall notify the Minister at least 30 days before the anticipated day of the export, sale, supply, transfer or shipment.

  • (3) At least five days before the day of the export, sale, supply, transfer or shipment, the Minister shall notify the Committee of the Security Council of that export, sale, supply, transfer or shipment.

  • SOR/2009-232, s. 11;
  • SOR/2013-219, s. 11.

 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 Resolutions do 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.

  • SOR/2009-232, s. 12.

COMING INTO FORCE

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