Special Economic Measures (Democratic People’s Republic of Korea) Regulations (SOR/2011-167)

Regulations are current to 2014-10-27 and last amended on 2013-11-29. Previous Versions

Special Economic Measures (Democratic People’s Republic of Korea) Regulations

SOR/2011-167

SPECIAL ECONOMIC MEASURES ACT

Registration 2011-08-11

Special Economic Measures (Democratic People’s Republic of Korea) Regulations

P.C. 2011-893 2011-08-11

Whereas the Governor in Council is of the opinion that the situation in the Democratic People’s Republic of Korea constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to subsections 4(1) to (3) of the Special Economic Measures ActFootnote a, hereby makes the annexed Special Economic Measures (Democratic People’s Republic of Korea) Regulations.

INTERPRETATION

 The following definitions apply in these Regulations.

“DPRK”

“DPRK” means the Democratic People’s Republic of Korea and includes

  • (a) its political subdivisions;

  • (b) its government and departments and the government and departments of its political subdivisions; and

  • (c) its agencies and those of its political subdivisions. (RPDC)

“pension”

“pension” means a benefit paid under the Old Age Security Act, the Canada Pension Plan or an Act respecting the Québec Pension Plan, R.S.Q. c. R-9, any superannuation, pension or benefit paid under or in respect of any retirement savings plan or under any retirement plan, any amount paid under or in respect of the Garnishment, Attachment and Pension Diversion Act or the Pension Benefits Division Act, and any other payment made in respect of disability. (pension)

  • SOR/2013-219, s. 1(E).

PROHIBITIONS

 Subject to section 10, it is prohibited for any person in Canada and any Canadian outside Canada to export, sell, supply or ship any goods, wherever situated, to the DPRK or any person in the DPRK or to deal in any goods destined for the DPRK or any person in the DPRK.

 Subject to section 10, it is prohibited for any person in Canada and any Canadian outside Canada to import, purchase, acquire or ship any goods that are exported, supplied or shipped from the DPRK after the day on which these Regulations come into force, whether the goods originated in the DPRK or elsewhere.

 It is prohibited for any person in Canada and any Canadian outside Canada to make an investment in any entity in the DPRK that involves a dealing in any property, wherever situated, held by or on behalf of the DPRK, any person in the DPRK, or a national of the DPRK who does not ordinarily reside in Canada.

 Subject to section 11, it is prohibited for any person in Canada and any Canadian outside Canada to provide or acquire financial services — including those that are intended to facilitate an investment in any entity — to, from or for the benefit of or on the direction or order of the DPRK or any person in the DPRK.

 Subject to section 12, it is prohibited for any person in Canada and any Canadian outside Canada to transfer, provide or communicate, directly or indirectly, technical data to the DPRK or any person in the DPRK.

 It is prohibited for any person to dock in Canada or pass through Canada any ship that is registered in the DPRK unless such docking or passage is necessary to safeguard human life.

 It is prohibited for any person to land in or fly over Canada an aircraft that is registered in the DPRK, unless such landing or flying is necessary to safeguard human life.

 It is prohibited for any person in Canada and any Canadian outside Canada to do anything that causes, assists or promotes or is intended to cause, assist or promote any act or thing prohibited by sections 2 to 8.

EXCLUSIONS

  •  (1) Sections 2 and 3 do not apply in respect of

    • (a) goods consigned to the Canadian Embassies in Beijing or Seoul or their consular missions;

    • (b) goods whose provision is set out in accordance with any agreement or arrangement between Canada and the DPRK and for which an export permit, if required, has been issued under the Export and Import Permits Act;

    • (c) goods consigned to one of the following organizations for the purpose of safeguarding human life, disaster relief, stabilization or the providing of food, medicine, medical supplies or equipment, and for which an export permit, if required, has been issued under the Export and Import Permits Act:

      • (i) international organizations with diplomatic status,

      • (ii) United Nations agencies,

      • (iii) the International Red Cross and Red Crescent Movement, or

      • (iv) non-governmental organizations;

    • (d) personal or settlers’ effects that are taken or shipped by an individual and that are solely for the use of the individual or the individual’s immediate family; or

    • (e) personal correspondence, including lettermail, printed papers and postcards, of a weight not exceeding 250 g per item of correspondence.

  • (2) Section 2 does not apply in respect of goods whose export is prohibited under section 3 of the Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK).

  • (3) Section 3 does not apply in respect of goods whose import is prohibited under section 5 of the Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK).

  • SOR/2013-219, s. 2.

 Section 5 does not apply in respect of

  • (a) any transaction in respect of the accounts at a financial institution that are used for the regular business of the Embassies of Canada in Beijing or Seoul or their consular missions;

  • (b) a transaction by the Government of Canada that is provided for in any agreement or arrangement between Canada and the DPRK;

  • (c) non-commercial remittances of less than $1,000 sent to or from the DPRK or any person in the DPRK, if the person providing the financial services keeps a record of the transaction;

  • (d) any services provided by or to one of the following organizations for the purpose of safeguarding of human life, disaster relief, stabilization or the providing of food, medicine, medical supplies or equipment:

    • (i) international organizations with diplomatic status,

    • (ii) United Nations agencies,

    • (iii) the International Red Cross and Red Crescent Movement, or

    • (iv) a non-governmental organization that has entered into a grant or contribution agreement with the Department of Foreign Affairs and International Trade or the Canadian International Development Agency;

  • (e) any pension payable to a person in the DPRK; or

  • (f) financial services whose provision or acquisition is prohibited under section 6.1 of the Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK).

  • SOR/2013-219, s. 3.
  •  (1) Section 6 does not apply in respect of technical data transferred, provided or communicated

    • (a) by or to the Canadian Embassies in Beijing or Seoul or their consular missions;

    • (b) pursuant to any agreement or arrangement between Canada and the DPRK and for which an export permit, if required, has been issued under the Export and Import Permits Act; or

    • (c) to one of the organizations referred to in any of subparagraphs 10(c)(i) to (iv), for the purpose of safeguarding human life, disaster relief, stabilization or the providing of food, medicine, medical supplies or equipment, and for which an export permit, if required, has been issued under the Export and Import Permits Act.

  • (2) Section 6 does not apply in respect of technical data whose provision or transfer is prohibited under section 7 of the Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK).

  • SOR/2013-219, s. 4.

APPLICATION BEFORE PUBLICATION

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

COMING INTO FORCE

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