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

Regulations are current to 2016-01-25 and last amended on 2012-06-08. Previous Versions

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.

 
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