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armoured combat vehicles[Repealed, SOR/2009-232, s. 2]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, military equipment or paramilitary equipment, and 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attack helicopters[Repealed, SOR/2009-232, s. 2]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battle tanks[Repealed, SOR/2009-232, s. 2]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 a citizen within the meaning of the Citizenship Act or a corporation 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combat aircraft[Repealed, SOR/2009-232, s. 2]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 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Democratic People’s Republic of Korea[Repealed, SOR/2009-232, s. 2]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 is designated by the Committee of the Security Council under paragraph 8(d) or 12(e) of Security Council Resolution 1718 or by the Security Council under paragraph 8(d) of that resolution or a person whose name appears on the list established under Security Council Resolution 2270. (personne désignée)

DPRK

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

  • (a) any of its political subdivisions;

  • (b) its government and any of its departments or a government or department of its political subdivisions; and

  • (c) any of its agencies or any agency of its political subdivisions. (RPDC)

entity

entity means a corporation, a trust, a partnership, a fund, an unincorporated association or organization or a foreign state. (entité)

Focal Point for De-listing

Focal Point for De-listing means the Focal Point for De-listing established under Resolution 1730 (2006) of December 19, 2006 adopted by the Security Council. (point focal pour les demandes de radiation)

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, lead crystal, 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, personal watercraft, snowmobiles, 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]

national

national means an individual who possesses the nationality of the DPRK as determined in accordance with the laws of the DPRK. (national)

official

official means an individual who

  • (a) is or was employed in the service of Her Majesty in right of Canada or of a province;

  • (b) occupies or occupied a position of responsibility in the service of Her Majesty in right of Canada or of a province; or

  • (c) is or was engaged by or on behalf of Her Majesty in right of Canada or of a province. (fonctionnaire)

person

person means an individual or an entity. (personne)

property

property means any real, personal, movable or immovable property. (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[Repealed, SOR/2016-278, s. 1]

Security Council

Security Council means the Security Council of the United Nations. (Conseil de sécurité)

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. (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. (résolution 1874 du conseil de sécurité)

Security Council Resolution 2087

Security Council Resolution 2087 means Resolution 2087 (2013) of January 22, 2013, adopted by the Security Council. (résolution 2087 du Conseil de sécurité)

Security Council Resolution 2094

Security Council Resolution 2094 means Resolution 2094 (2013) of March 7, 2013, adopted by the Security Council. (résolution 2094 du Conseil de sécurité)

Security Council Resolution 2270

Security Council Resolution 2270 means Resolution 2270 (2016) of March 2, 2016, adopted by the Security Council. (résolution 2270 du Conseil de sécurité)

Security Council Resolutions

Security Council Resolutions means Security Council Resolution 1718, Security Council Resolution 1874, Security Council Resolution 2087, Security Council Resolution 2094 and Security Council Resolution 2270. (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[Repealed, SOR/2016-278, s. 1]

warships

warships[Repealed, SOR/2009-232, s. 2]

working day

working day means a day that is neither a Saturday nor a holiday. (jour ouvrable)

  • SOR/2009-232, s. 2;
  • SOR/2013-219, s. 5;
  • SOR/2016-278, s. 1.

Application

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

Prohibitions

Marginal note:Prohibited dealings and activities — designated persons
  •  (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly

    • (a) deal in any property in Canada that is owned, held or controlled, directly or indirectly, by a designated person, by a person acting on behalf of or at the direction of a designated person or by a person that is owned, held or controlled by a designated person;

    • (b) enter into or facilitate any transaction related to a dealing referred to in paragraph (a);

    • (c) provide any financial or related services in respect of a dealing referred to in paragraph (a); or

    • (d) make available any property, or provide any financial or related services, directly or indirectly, to a designated person, to a person acting on behalf of or at the direction of a designated person or to a person that is owned, held or controlled by a designated person.

  • Marginal note:Cash

    (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly supply or transfer, directly or indirectly, any bulk cash that is destined for the DPRK, for any person in the DPRK or for any national or to knowingly receive any bulk cash from the DPRK, from any person in the DPRK or from any national.

  • SOR/2009-232, s. 13(E);
  • SOR/2013-219, ss. 6, 12(F);
  • SOR/2016-278, s. 2.
Marginal note:Providing financial or related services
  •  (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide financial or related services to the DPRK, to any person in the DPRK or to a person acting on behalf of or at the direction of the DPRK or any person in the DPRK that is intended to cause, facilitate or assist in any act or thing prohibited by these Regulations.

  • Marginal note:Accepting financial or related services

    (2) It is prohibited for any person in Canada or any Canadian outside Canada to accept any financial or related services from the DPRK, from any person in the DPRK or from a person acting on behalf of or at the direction of the DPRK or any person in the DPRK that is intended to cause, facilitate or assist in any act or thing prohibited by these Regulations.

  • SOR/2009-232, s. 3;
  • SOR/2013-219, s. 7;
  • SOR/2016-278, s. 2.
Marginal note:Prohibited activity — entities referred to in subsection 11(1)

 It is prohibited for any entity referred to in subsection 11(1) to open a new branch in the DPRK.

  • SOR/2009-232, ss. 4, 13(E);
  • SOR/2013-219, ss. 8, 12(F);
  • SOR/2016-278, s. 2.
Marginal note:Specific products
  •  (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly sell, supply or transfer, directly or indirectly, any of the following products, wherever situated, that are destined for the DPRK or for any person in the DPRK:

    • (a) arms and related material;

    • (b) luxury goods; or

    • (c) aviation fuel including aviation gasoline, naptha-type jet fuel, kerosene-type jet fuel and kerosene-type rocket fuel, except for aviation fuel provided to a DPRK passenger aircraft for its return flight to the DPRK.

  • Marginal note:DPRK’s weapons programme

    (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly sell, supply or transfer, directly or indirectly, any of the following products, wherever situated, that are destined for the DPRK or for any person in the DPRK:

    • (a) those that are listed in Information Circular INFCIRC/254/Rev.12/Part 1, entitled Communication Received from the Permanent Mission of the Czech Republic to the International Atomic Energy Agency regarding Certain Member States’ Guidelines for the Export of Nuclear Material, Equipment and Technology;

    • (b) those that are listed in Information Circular INFCIRC/254/Rev.9/Part 2, entitled Communication Received from the Permanent Mission of the Czech Republic to the International Atomic Energy Agency regarding Certain Member States’ Guidelines for Transfers of Nuclear-related Dual-use Equipment, Materials, Software and Related Technology;

    • (c) those that appear on the lists set out in the Security Council documents S/2006/814, S/2006/815, S/2006/853, S/2006/853/Corr.1, S/2009/205, S/2014/253 and S/2016/308;

    • (d) those that have been 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.

  • Marginal note:Technical assistance

    (3) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide technical assistance to the DPRK, or to any person in the DPRK, related to the sale, supply, transfer, manufacture, use or maintenance of any of the products referred to in paragraph (1)(a) or subsection (2).

  • Marginal note:Training to nationals

    (4) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide to any national teaching or training in disciplines which could contribute to proliferation-sensitive nuclear activities or the development of nuclear weapon delivery systems in the DPRK, including teaching or training in advanced physics, advanced computer simulation and related computer sciences, geospatial navigation, nuclear engineering, aerospace engineering, aeronautical engineering and related disciplines.

  • SOR/2009-232, s. 5;
  • SOR/2013-219, s. 9;
  • SOR/2016-278, s. 2.

 [Repealed, SOR/2016-278, s. 2]

 [Repealed, SOR/2013-219, s. 9]

 [Repealed, SOR/2016-278, s. 2]

Marginal note:Prohibited acquisitions — products
  •  (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire any of the products referred to in paragraph 6(1)(a) or subsection 6(2), wherever situated, from the DPRK or from any person in the DPRK.

  • Marginal note:Coal and minerals

    (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire coal, iron, iron ore, gold, titanium ore, vanadium ore and rare earth minerals, wherever situated, from the DPRK or from any person in the DPRK.

  • Marginal note:Technical assistance and training

    (3) It is prohibited for any person in Canada or any Canadian outside Canada to receive, from the DPRK, from any person in the DPRK or from any national, any technical assistance or training related to the sale, supply, transfer, manufacture, use or maintenance of any of the products referred to in paragraph 6(1)(a) or subsection 6(2).

  • SOR/2009-232, s. 13(E);
  • SOR/2013-219, s. 10;
  • SOR/2016-278, s. 2.
Marginal note:Canadian vessel or aircraft
  •  (1) It is prohibited for any owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, any operator of an aircraft registered in Canada or any Canadian owner or master of a vessel or Canadian operator of an aircraft to knowingly carry, cause to be carried or permit to be carried any of the products referred to in subsection 6(1) or (2) or any bulk cash, wherever situated, that is destined for the DPRK or for any person in the DPRK.

  • Marginal note:Carriage from DPRK — products referred to in subsection 7(1) or (2)

    (2) It is also prohibited for them to knowingly carry, cause to be carried or permit to be carried, from the DPRK, any of the products referred to in subsection 7(1) or (2) or any bulk cash.

  • SOR/2009-232, s. 13(E);
  • SOR/2013-219, s. 12(F);
  • SOR/2016-278, s. 2.
Marginal note:Maintaining vessel
  •  (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide products or services for the operation or maintenance of a vessel that is registered in the DPRK, including with respect to stevedoring and lighterage, if there are grounds to believe that the vessel is carrying any of the products referred to in subsection 6(1) or (2), unless it is necessary to do so for the safeguarding of human life.

  • Marginal note:Crew services

    (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide, under a lease or a charter agreement, a Canadian-flagged vessel or aircraft, or crew services for such a vessel or aircraft, to the DPRK, to any person in the DPRK, to a designated person, to a person acting on behalf of or at the direction of a designated person or to a person that is owned, held or controlled by a designated person.

  • Marginal note:Registration of vessel

    (3) It is prohibited for any person in Canada or any Canadian outside Canada to register a vessel in the DPRK, to obtain authorization for a vessel to fly the DPRK flag, to own, lease, operate or insure any DPRK-flagged vessel, or to provide any vessel classification, certification or related service for any DPRK-flagged vessel.

  • SOR/2009-232, s. 6(F);
  • SOR/2016-278, s. 2.
Marginal note:Assisting a prohibited act or thing

 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly do anything that causes, facilitates or assists in, or is intended to cause, facilitate or assist in, any act or thing prohibited by section 3, 4, 5, 6, 7, 8 or 9.

  • SOR/2016-278, s. 2.

Obligations

Marginal note:Duty to determine
  •  (1) The following entities must determine on a continuing basis whether they are in possession or control of property that is owned, held or controlled by or on behalf of a designated person:

    • (a) authorized foreign banks, as defined in 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, as defined in subsection 2(1) of the Insurance Companies Act, in respect of their insurance business in Canada;

    • (d) companies, provincial companies and societies, as those terms are defined in 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 regulated by a provincial Act that are engaged in the business of insuring risks;

    • (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;

    • (i) entities that engage in any activity described in paragraph 5(h) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act if the activity involves the opening of an account for a client; and

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

  • Marginal note:Duty to disclose — supervising and regulating agencies

    (2) Every entity referred to in subsection (1) must disclose, every month, to the principal agency or the body that supervises or regulates it under federal or provincial law, whether it is in possession or control of any property referred to in subsection (1) and, if so, the number of persons or contracts involved and the total value of the property.

  • Marginal note:Immunity

    (3) No proceedings under the United Nations Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (2).

  • SOR/2016-278, s. 2.

 [Repealed, SOR/2016-278, s. 2]

 [Repealed, SOR/2016-278, s. 2]

Marginal note:Duty to disclose — RCMP or CSIS
  •  (1) Every person in Canada and every Canadian outside Canada must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or 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, held or controlled by or on behalf of a designated person; and

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

  • Marginal note:Immunity

    (2) No proceedings under the United Nations Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1).

  • SOR/2009-232, s. 8;
  • SOR/2016-278, s. 2.

Applications

Marginal note:Exemption
  •  (1) A person that wishes to do an act or thing that is prohibited under these Regulations may, before doing the act or thing, apply to the Minister in writing for a certificate to exempt the act or thing from the application of the Regulations.

  • Marginal note:Certificate

    (2) The Minister may issue the certificate if the Security Council did not intend that such an act or thing be prohibited or if it is established that the requirements of Security Council Resolution 1718 and Security Council Resolution 2270 have been met and, if required by those resolutions, that the Committee of the Security Council has approved the act or thing in advance.

  • SOR/2009-232, s. 9(E);
  • SOR/2016-278, s. 2.
Marginal note:Exemption for property
  •  (1) A person whose property has been affected by the application of section 3 may apply to the Minister in writing for a certificate to exempt the property from the application of that section if the property

    • (a) is necessary for basic or extraordinary expenses; or

    • (b) is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision.

  • Marginal note:Certificate — subsection (1)

    (2) If it is established in accordance with Security Council Resolution 1718 that the property is necessary for basic or extraordinary expenses or is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision, the Minister must issue a certificate within the following deadlines:

    • (a) within 15 working days after receiving the application, in the case of property that is necessary for basic expenses, if the Committee of the Security Council does not oppose the application;

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

    • (c) within 90 days after receiving the application, in the case of property that is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision that

      • (i) was created or issued before the coming into force of these Regulations,

      • (ii) is not for the benefit of a designated person, and

      • (iii) has been brought to the attention of the Committee of the Security Council by the Minister.

  • SOR/2016-278, s. 2.
Marginal note:Mistaken identity
  •  (1) A person in Canada or any Canadian outside Canada whose name is the same as or similar to the name of a designated person and that claims not to be that designated person may apply to the Minister in writing for a certificate stating that they are not that designated person.

  • Marginal note:Determination by Minister

    (2) Within 45 days after receiving the application, the Minister must,

    • (a) if he or she is satisfied that the applicant is not the designated person, issue the certificate; or

    • (b) if he or she is not so satisfied, provide notice to the applicant of his or her determination.

  • SOR/2009-232, s. 10;
  • SOR/2016-278, s. 2.

 [Repealed, SOR/2016-278, s. 2]

Disclosure of Information

Marginal note:Disclosure by official
  •  (1) An official may, for the purpose of responding to a request from the Security Council, the Committee of the Security Council, the Panel of Experts established under Security Council Resolution 1874 or the Focal Point for De-listing, disclose personal information to the Minister.

  • Marginal note:Disclosure by Minister

    (2) The Minister may, for the purpose of administering or enforcing these Regulations or fulfilling an obligation under the Security Council Resolutions, disclose personal information to the Security Council, the Committee of the Security Council, the Panel of Experts established under Security Council Resolution 1874 or the Focal Point for De-listing.

  • SOR/2009-232, s. 12;
  • SOR/2016-278, s. 2.

Legal Proceedings

Marginal note:Prohibition — legal proceedings

 No legal proceedings lie in Canada at the instance of the Government of the DPRK, of any person in the DPRK, of a designated person or of any person claiming through or acting on behalf of any such person in connection with any contract or other dealing if its performance was prevented in any way by these Regulations.

  • SOR/2016-278, s. 2.

RELATED PROVISIONS

  • — SOR/2016-278, s. 3

    • 3 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.

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