Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) (SOR/2006-287)
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Regulations are current to 2013-04-29 and last amended on 2009-07-30. Previous Versions
11.1 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.
11.2 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
12. (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
13. (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
14. (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.
15. (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.
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