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

Regulations are current to 2017-10-13 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.

 
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