Regulations Implementing the United Nations Resolutions on Iran

Version of section 20 from 2008-04-17 to 2016-02-04:

  •  (1) A person wishing to sell, supply or transfer any of the products referred to in paragraph 3(f) and claiming that those products would not contribute to Iran’s enrichment-related, reprocessing or heavy water-related activities, to the development of nuclear weapon delivery systems or to the pursuit of activities related to topics about which the International Atomic Energy Agency (IAEA) has expressed concerns or which it has identified as outstanding may apply to the Minister for a certificate to exempt those products from the application of sections 3 to 6.

  • (1.1) A person wishing to sell, supply or transfer any of the products referred to in paragraph 3(e) and claiming that those products are to be used exclusively in light water reactors and that their supply, sale or transfer is necessary for the technical cooperation provided to Iran by the IAEA or under its auspices as provided for in paragraph 16 of Security Council Resolution 1737 may apply to the Minister for a certificate to exempt those products from the application of sections 3 to 6.

  • (2) The applicant shall submit to the Minister the following information and declarations, in writing, in support of an application under subsection (1) or (1.1):

    • (a) the applicant’s name, address and telephone number and, if the applicant is a corporation, the name of a contact person;

    • (b) if the applicant is applying for a certificate for, on behalf of or for the use of another person who will sell, supply or transfer the products, the name, address and telephone number of the other person;

    • (c) the customs office at which the products will be reported in the prescribed form under the Customs Act;

    • (d) the name and address of each consignee;

    • (e) the country in which the products are to be consumed or the country of final destination;

    • (f) for each type of separately identifiable product,

      • (i) if the product appears in the Guide, the corresponding item number,

      • (ii) the Harmonized Commodity Description and Coding System commodity code as set out in the Harmonized System Nomenclature, published by the World Customs Organization,

      • (iii) a description of the identifiable products, including technical specifications, with sufficient detail to disclose their true identity and in terms that avoid the use of trade-names, technical names or general terms that do not adequately describe the goods, and

      • (iv) the quantity, unit value and total market value of the identifiable products, free on board (f.o.b.), factory or first shipping point in Canada and the approximate net weight;

    • (g) the total value of all types of separately identifiable products intended to be sold, supplied or transferred;

    • (h) all other relevant information, including

      • (i) an End-use Certificate,

      • (ii) an End-use Statement,

      • (iii) a copy of the contract between the applicant and the person to whom the applicant wishes to sell, supply or transfer the products,

      • (iv) a summary report on any prior sale, supply or transfer of like products by the applicant,

      • (v) the intended end-use of the products by the consignee of the goods,

      • (vi) the intended end-use location of the products if different from the location of the consignee,

      • (vii) the export permit numbers of any previous export permits issued to the same applicant,

      • (viii) an import permit issued by the government of the country for which the products are destined, and

      • (ix) an in-transit authorization;

    • (i) a declaration that, to the best of the applicant’s knowledge,

      • (i) the products referred to in paragraph 3(f) that are the subject of the application would not contribute to Iran’s enrichment-related, reprocessing or heavy water-related activities, to the development of nuclear weapon delivery systems, or to the pursuit of activities related to topics about which the IAEA has expressed concerns or which it has identified as outstanding, or

      • (ii) the products referred to in paragraph 3(e) that are the subject of the application are to be used exclusively in light water reactors and that their supply, sale or transfer is necessary for technical cooperation provided to Iran by the IAEA or under its auspices as provided for in paragraph 16 of Security Council Resolution 1737; and

    • (j) a declaration that the information provided under this subsection is true, complete and correct.

  • (3) The Minister shall issue a certificate under subsection (1), if it is established that the products that are the subject of the application would not contribute to Iran’s enrichment-related, reprocessing or heavy water-related activities, to the development of nuclear weapon delivery systems or to the pursuit of activities related to topics about which the IAEA has expressed concerns or which it has identified as outstanding.

  • (4) The Minister shall issue a certificate under subsection 20(1.1), if it is established that the products that are the subject of the application are to be used exclusively in light water reactors and that their supply, sale or transfer is necessary for the technical cooperation provided to Iran by the IAEA or under its auspices as provided for in paragraph 16 of Security Council Resolution 1737.

  • (5) Before issuing a certificate under subsection (4), the Minister shall notify the Committee of the Security Council if the products that are the subject of the application are those set out in sections 3 to 6 of the Annex entitled “List of Nuclear-related Dual-use Equipment, Materials, Software and Related Technology” to Information Circular INFCIRC/254/Rev. 7/Part 2, set out in the Security Council of the United Nations document S/2006/814.

  • (6) The Minister shall notify the Committee of the Security Council and the IAEA within 10 days after the supply, sale or transfer of products for which a certificate has been issued under subsection (4).

  • SOR/2008-118, s. 9.
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