Regulations Implementing the United Nations Resolutions on Somalia (SOR/2009-92)

Regulations are current to 2014-09-01 and last amended on 2012-06-08. Previous Versions

Regulations Implementing the United Nations Resolutions on Somalia

SOR/2009-92

UNITED NATIONS ACT

Registration 2009-03-12

Regulations Implementing the United Nations Resolutions on Somalia

P.C. 2009-395 2009-03-12

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 733 (1992) on January 23, 1992, Resolution 751 (1992) on April 24, 1992, Resolution 1356 (2001) on June 19, 2001, Resolution 1425 (2002) on July 22, 2002, Resolution 1725 (2006) on December 6, 2006, Resolution 1744 (2007) on February 20, 2007, Resolution 1772 (2007) on August 20, 2007 and Resolution 1844 (2008) on November 20, 2008;

And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in those resolutions 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 ActFootnote a, hereby makes the annexed Regulations Implementing the United Nations Resolutions on Somalia.

INTERPRETATION

 The following definitions apply in these Regulations.

“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)

“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)

“Committee of the Security Council”

“Committee of the Security Council” means the Committee of the Security Council of the United Nations established under paragraph 11 of Security Council Resolution 751. (Comité du Conseil de sécurité)

“Minister”

“Minister” means the Minister of Foreign Affairs. (ministre)

“paragraph 3 designated person”

“paragraph 3 designated person” means a person that has been designated and listed by the Committee of the Security Council under paragraphs 3 and 11 of Security Council Resolution 1844. (personne désignée en vertu du paragraphe 3)

“paragraph 8 designated person”

“paragraph 8 designated person” means a person that has been designated and listed by the Committee of the Security Council under paragraphs 8 and 11 of Security Council Resolution 1844. (personne désignée en vertu du paragraphe 8)

“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)

“Security Council Resolution 751”

“Security Council Resolution 751” means Resolution 751 (1992) of April 24, 1992, adopted by the Security Council of the United Nations. (résolution 751 du Conseil de sécurité)

“Security Council Resolution 1725”

“Security Council Resolution 1725” means Resolution 1725 (2006) of December 6, 2006, adopted by the Security Council of the United Nations. (résolution 1725 du Conseil de sécurité)

“Security Council Resolution 1744”

“Security Council Resolution 1744” means Resolution 1744 (2007) of February 20, 2007, adopted by the Security Council of the United Nations. (résolution 1744 du Conseil de sécurité)

“Security Council Resolution 1772”

“Security Council Resolution 1772” means Resolution 1772 (2007) of August 20, 2007, adopted by the Security Council of the United Nations. (résolution 1772 du Conseil de sécurité)

“Security Council Resolution 1844”

“Security Council Resolution 1844” means Resolution 1844 (2008) of November 20, 2008, adopted by the Security Council of the United Nations. (résolution 1844 du Conseil de sécurité)

“Security Council Resolution 2036”

“Security Council Resolution 2036” means Resolution 2036 (2012) of February 22, 2012, adopted by the Security Council of the United Nations. (résolution 2036 du Conseil de sécurité)

“Security Council Resolutions”

“Security Council Resolutions” means Resolution 733 (1992) of January 23, 1992, Resolution 751 (1992) of April 24, 1992, Resolution 1356 (2001) of June 19, 2001, Resolution 1425 (2002) of July 22, 2002, Resolution 1725 (2006) of December 6, 2006, Resolution 1744 (2007) of February 20, 2007, Resolution 1772 (2007) of August 20, 2007, Resolution 1844 (2008) of November 20, 2008 and Resolution 2036 (2012) of February 22, 2012, adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

“Somalia”

“Somalia” means the Somali Republic and includes its political subdivisions. (Somalie)

“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)

“working day”

“working day” means a day that is not Saturday or a holiday. (jour ouvrable)

  • SOR/2012-121, s. 1.

APPLICATION

 These Regulations are binding on Her Majesty in right of Canada or a province.

PROHIBITIONS

 No person in Canada shall knowingly

  • (a) export, sell, supply, transfer or ship, directly or indirectly, arms and related material, wherever situated, to any person in Somalia; or

  • (b) provide or transfer, directly or indirectly, technical, financial or other assistance related to military activities to any person in Somalia.

 No person in Canada shall knowingly

  • (a) export, sell, supply, transfer or ship, directly or indirectly, arms and related material, wherever situated, to a paragraph 8 designated person; or

  • (b) provide or transfer, directly or indirectly, technical, financial or other assistance, including investment, brokering or other financial services, related to military activities or to the supply, sale, transfer, manufacture, maintenance or use of arms and related material, to a paragraph 8 designated person.

 No person in Canada and no Canadian outside Canada shall knowingly import, directly or indirectly, charcoal from Somalia or any person in Somalia, whether or not the charcoal originated in Somalia.

  • SOR/2012-121, s. 2.

 No person in Canada and no Canadian outside Canada shall knowingly

  • (a) deal directly or indirectly in any property that is in Canada as at November 20, 2008 or at any time after that date and that is owned or controlled, directly or indirectly, by a paragraph 3 designated person or by a paragraph 8 designated person;

  • (b) enter into or facilitate, directly or indirectly, any financial transaction related to a dealing referred to in paragraph (a);

  • (c) provide any financial or other related service in respect of the property referred to in paragraph (a);

  • (d) make any property or any financial or other related service available, directly or indirectly, to a paragraph 3 designated person or to a paragraph 8 designated person;

  • (e) make any property or any financial or other related service available for the benefit of any person referred to in paragraph (d); or

  • (f) do anything that causes, assists or promotes, or is intended to cause, assist or promote, any act or thing prohibited by paragraphs (a) to (e).

 No person in Canada shall knowingly do anything that causes, assists or promotes, or is intended to cause, assist or promote, any act or thing prohibited by sections 3 to 4.1

  • SOR/2012-121, s. 3.

DUTY TO DETERMINE

 Each of the following persons must determine on a continuing basis whether it is in possession or control of property owned or controlled by a paragraph 3 designated person or by a paragraph 8 designated person:

  • (a) authorized foreign banks, within the meaning of 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 to which the Cooperative Credit Associations Act applies;

  • (c) foreign companies, within the meaning of subsection 2(1) of the Insurance Companies Act, in respect of their insurance business in Canada;

  • (d) companies, provincial companies and societies, within the meaning of 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 engaged in the business of insuring risks that are regulated by a provincial Act;

  • (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; and

  • (i) any person authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services.

DISCLOSURE

  •  (1) Every person in Canada and every Canadian outside Canada shall disclose without delay to the Commissioner of the Royal Canadian Mounted Police

    • (a) the existence of property in their possession or control that they have reason to believe is owned or controlled by a paragraph 3 designated person or by a paragraph 8 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.

PETITION TO REVOKE DESIGNATION

  •  (1) Any Canadian or person in Canada that is a paragraph 3 designated person or a paragraph 8 designated person may petition the Minister in writing to have that designation revoked.

  • (2) The Minister shall notify the petitioner, within 60 days after receiving the petition, of his or her decision on whether to submit the petition to the Committee of the Security Council.

  • (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).

EXCEPTIONS

 Section 3 does not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.

 Section 3 does not apply to supplies of non-lethal military equipment intended solely for humanitarian or protective use, as approved in advance by the Committee of the Security Council.

 Section 3 does not apply to supplies of arms and related material or technical assistance intended solely for the support of or use by the protection and training mission in Somalia established by the Intergovernmental Authority on Development (IGAD) and Member States of the African Union under paragraph 3 of Security Council Resolution 1725.

 Section 3 does not apply to supplies of arms and related material or technical assistance intended solely for the support of or use by the African Union Mission in Somalia established under to Security Council Resolution 1744 and Security Council Resolution 1772.

 Section 3 does not apply to supplies of arms and related material or technical assistance intended solely for the purpose of helping develop security sector institutions, consistent with the political process set out in paragraphs 1 to 3 of Security Council Resolution 1744 and in paragraphs 1 to 5 of Security Council Resolution 1772, and in the absence of a negative decision by the Committee of the Security Council in conformity with Security Council Resolution 1744 and Security Council Resolution 1772.

  •  (1) A person claiming not to be a paragraph 8 designated person or a paragraph 3 designated person may apply to the Minister for a certificate stating that they are not such a person.

  • (2) If it is established that the applicant is not a paragraph 8 designated person or a paragraph 3 designated person, the Minister shall issue a certificate to the applicant within 15 working days after receiving the application.

  •  (1) A person whose property has been affected by the application of section 5 may apply to the Minister for a certificate to exempt their property from the application of that section if that property is necessary for meeting basic or extraordinary expenses or if it is the subject of a judicial, administrative or arbitral lien or judgment, a hypothec, mortgage, charge, security interest or prior claim.

  • (2) The Minister shall issue a certificate, if it is established, in accordance with the Security Council Resolutions, that the property is necessary for meeting basic or extraordinary expenses or that the property is the subject of a judicial, administrative or arbitral lien or judgment, a hypothec, mortgage, charge, security interest or prior claim,

    • (a) in the case of property that is necessary for meeting basic expenses, within 15 working 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 property that is necessary for meeting extraordinary expenses, within 30 working days after receiving the application, if the Committee of the Security Council has 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, mortgage, charge, security interest or prior claim, within 90 working days after receiving the application, if the lien or judgment, hypothec, mortgage, charge, security interest or prior claim was entered before November 20, 2008, is not for the benefit of a paragraph 3 designated person or a paragraph 8 designated person and has been brought to the attention of the Committee of the Security Council or the Security Council of the United Nations by the Minister.

 No person contravenes these Regulations by doing an act or thing prohibited by any of sections 3 to 6 if, before the person does that act or thing, the Minister issues a certificate to the person stating that

  • (a) the Security Council Resolutions do not intend that such an act or thing be prohibited; or

  • (b) the act or thing has been approved by the Security Council of the United Nations.

COMING INTO FORCE

 These Regulations come into force on the day on which they are registered.

RELATED PROVISIONS

  • — SOR/2012-121, s. 4

    • 4. For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.