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.
 
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