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armoured combat vehicles[Repealed, SOR/2009-232, s. 2]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attack helicopters[Repealed, SOR/2009-232, s. 2]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battle tanks[Repealed, SOR/2009-232, s. 2]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combat aircraft[Repealed, SOR/2009-232, s. 2]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Democratic People’s Republic of Korea[Repealed, SOR/2009-232, s. 2]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.
 
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