[Repealed, SOR/2016-278, s. 2]

 [Repealed, SOR/2016-278, s. 2]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.
 
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