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

Regulations are current to 2014-11-25 and last amended on 2012-06-08. Previous Versions

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.