Regulations Implementing the United Nations Resolutions on Libya (SOR/2011-51)

Regulations are current to 2014-09-29 and last amended on 2013-09-30. Previous Versions

Regulations Implementing the United Nations Resolutions on Libya

SOR/2011-51

SPECIAL ECONOMIC MEASURES ACT

UNITED NATIONS ACT

Registration 2011-02-27

Regulations Implementing the United Nations Resolutions on Libya

P.C. 2011-253 2011-02-27

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1970 (2011) on February 26, 2011;

Whereas that resolution calls for the taking of economic measures against Libya;

Whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in that resolution to be effectively applied;

And whereas the Governor in Council is of the opinion that the situation in Libya 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, hereby makes the annexed Regulations Implementing the United Nations Resolution on Libya and Taking Special Economic Measures pursuant to

(a) subsections 4(1) to (3) of the Special Economic Measures ActFootnote a; and

(b) section 2 of the United Nations ActFootnote b.

INTERPRETATION

 The following definitions apply in these Regulations.

“armed mercenary personnel”

“armed mercenary personnel” means any person who

  • (a) is specially recruited locally or abroad to use arms and related material in Libya;

  • (b) uses arms and related material in Libya and is motivated essentially by the desire for private gain;

  • (c) is not a member of the Libyan armed forces; and

  • (d) has not been sent to Libya by a state on official duty as a member of that state’s armed forces. (personnel mercenaire armé)

“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)

“Committee of the Security Council”

“Committee of the Security Council” means the Committee of the Security Council of the United Nations established under paragraph 24 of Security Council Resolution 1970. (Comité du Conseil de sécurité)

“designated person”

“designated person” means a person

  • (a) whose name appears on Annex II to Security Council Resolution 1970;

  • (b) that is designated by the Security Council of the United Nations under paragraph 17 of Security Council Resolution 1970; or

  • (c) that is designated by the Committee of the Security Council under paragraph 24(c) of Security Council Resolution 1970. (personne désignée)

“Libya”

“Libya” means the Libyan state and includes its political subdivisions. (Libye)

“Minister”

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

“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 1970”

“Security Council Resolution 1970” means Resolution 1970 (2011) of February 26, 2011, adopted by the Security Council of the United Nations. (résolution 1970 du Conseil de sécurité)

“Security Council Resolution 1973”

“Security Council Resolution 1973” means Resolution 1973 (2011) of March 17, 2011, adopted by the Security Council of the United Nations. (résolution 1973 du Conseil de sécurité)

“Security Council Resolution 2009”

“Security Council Resolution 2009” means Resolution 2009 (2011) of September 16, 2011, adopted by the Security Council of the United Nations. (résolution 2009 du Conseil de sécurité)

“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)

“working day”

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

  • SOR/2011-172, s. 2;
  • SOR/2011-198, s. 2.

APPLICATION

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

PROHIBITIONS

 No person in Canada and no Canadian outside Canada shall knowingly export, sell, supply or ship arms and related material, wherever situated, to Libya or any person in Libya.

  •  (1) No owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, and no operator of an aircraft registered in Canada shall knowingly carry, cause to be carried or permit to be carried arms and related material, wherever situated, destined for Libya or any person in Libya.

  • (2) No owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, and no operator of an aircraft registered in Canada shall knowingly carry, cause to be carried or permit to be carried arms and related material, that are exported, sold, supplied or shipped from Libya after the day on which these Regulations come into force, whether the goods originated in Libya or elsewhere.

 No person in Canada and no Canadian outside Canada shall knowingly provide or transfer, to any person in Libya, technical assistance, financial assistance or other assistance related to military activities, including the recruitment or provision of armed mercenary personnel, or the provision, manufacture, maintenance or use of arms and related material.

 No person in Canada and no Canadian outside Canada shall knowingly import or procure arms and related material, wherever situated, from any person in Libya or any national of Libya.

  •  (1) [Repealed, SOR/2011-198, s. 3]

  • (2) No person in Canada and no Canadian outside Canada shall knowingly

    • (a) deal, directly or indirectly, in any property in Canada as of February 26, 2011 or at any time after that date, that is owned or controlled by a designated person, by a person acting on behalf of, or at the direction of, a designated person or by a person owned or controlled by a 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 to a designated person, to a person acting on behalf of, or at the direction of, a designated person or to a person owned or controlled by a designated person; or

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

  • (3) Paragraphs 7(2)(a) to (c) do not apply to the property of the designated persons referred to in paragraph 15(b) of Security Council Resolution 2009, if that property arrived in Canada after September 16, 2011.

  • (4) Paragraphs 7(2)(d) and (e) do not apply to the designated persons referred to in paragraph 15(b) of Security Council Resolution 2009.

  • SOR/2011-198, s. 3.

 [Repealed, SOR/2011-172, s. 3]

 No person in Canada and no Canadian outside 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 7.

  • SOR/2011-172, s. 3.

DUTY TO DETERMINE

 Each of the following entities shall determine on a continuing basis whether it is in possession or control of property owned or controlled by or on behalf of a designated person:

  • (a) authorized foreign banks, as defined in 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 regulated by the Cooperative Credit Associations Act;

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

  • (d) companies, provincial companies and societies, as those terms are defined in 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;

  • (i) entities that engage in any activity described in paragraph 5(h) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act if the activity involves the opening of an account for a client; and

  • (j) entities 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 and to the Director of the Canadian Security Intelligence Service

    • (a) the existence of property in their possession or control that they have reason to believe is owned or controlled by a designated person, by a person acting on behalf of, or at the direction of, a designated person or by a person owned or controlled by a 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.

 The Minister of Public Safety and Emergency Preparedness is authorized to disclose information to the Minister for the application of paragraph 13 of Security Council Resolution 1970.

 The Minister is authorized to disclose information collected under section 12 to the Committee of the Security Council for the application of paragraph 13 of Security Council Resolution 1970.

EXCEPTIONS

  •  (1) A person claiming not to be a designated person may apply to the Minister for a certificate stating that they are not the person who has been designated by the Committee of the Security Council or by the Security Council of the United Nations.

  • (2) If it is established under subsection (1) that the applicant is not a designated person, the Minister shall issue a certificate to the applicant within 30 days after the day on which the application is received.

  •  (1) A person whose property has been affected by the application of section 7 may apply to the Minister for a certificate to exempt the property from the application of that section if the property is necessary for basic or extraordinary expenses or if it is the subject of a judicial, administrative or arbitral lien or judgment, a hypothec, prior claim, mortgage, charge or security interest.

  • (2) The Minister shall issue a certificate, if the necessity of that property for basic or extraordinary expenses is established in accordance with Security Council Resolution 1970, or if the property is the subject of a judicial, administrative or arbitral lien or judgment, a hypothec, prior claim, mortgage, charge or security interest,

    • (a) in the case of property necessary for basic expenses, if the Committee of the Security Council did not refuse the release of the property, within 15 working days after receiving the application;

    • (b) in the case of property necessary for extraordinary expenses, if the Committee of the Security Council approved the release of the property, within 30 working days after receiving the application; and

    • (c) in the case of property that is the subject of a judicial, administrative or arbitral lien or judgment, a hypothec, prior claim, mortgage, charge or security interest, if the lien, judgment, hypothec, prior claim, mortgage, charge or security interest was entered into before February 26, 2011, is not for the benefit of a designated person and has been brought to the attention of the Committee of the Security Council by the Minister, within 90 days after receiving the application.

  •  (1) Any person may apply to the Minister for a certificate to exempt the property of the designated persons referred to in paragraph 16 of Security Council Resolution 2009 affected by the application of section 7 from the application of that section if the property is to be used for one or more of the following purposes:

    • (a) humanitarian needs;

    • (b) fuel, electricity and water for strictly civilian uses;

    • (c) resuming the production and sale of hydrocarbons by Libya;

    • (d) establishing, operating or strengthening institutions of civilian government and civilian public infrastructure; or

    • (e) facilitating the resumption of banking sector operations, including to support or facilitate international trade with Libya.

  • (2) The Minister shall issue the certificate within 15 working days after receiving the application, if the Committee of the Security Council did not refuse the release of the property and if the conditions set out in paragraphs 16(b) to (d) of Security Council Resolution 2009 are met.

  • SOR/2011-198, s. 4.
  •  (1) If a contract has been entered into by a party who subsequently became a designated person, any party to that contract may apply to the Minister for a certificate to exempt property from the application of section 7 in order for any party who is not a designated person to receive a payment or for the party who is a designated person to make a payment under that contract.

  • (2) The Minister shall issue a certificate within 90 days after receiving the application and at least 10 working days after having informed the Committee of the Security Council of his or her intent to issue the certificate if it is established that

    • (a) the contract was entered into prior to any party becoming a designated person; and

    • (b) the payment is not to be received, directly or indirectly, by a designated person, by a person acting on behalf of, or at the direction of, a designated person or by a person owned or controlled by a designated person.

 Sections 3 to 6 do not apply with respect to

  • (a) supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training;

  • (b) supplies of protective clothing and equipment, including flak jackets and military helmets, temporarily exported to Libya by United Nations personnel, representatives of the media and humanitarian and development works and associated personnel, for their personal use only;

  • (b.1) supplies of non-lethal military equipment intended solely for security or disarmament assistance to the Government of Libya, and related technical assistance, training and financial assistance; or

  • (c) other sales or supplies of arms and related material, or provision of assistance or personnel, as approved in advance by the Committee of the Security Council.

  • SOR/2013-160, s. 1.

 No person contravenes these Regulations by doing an act or thing prohibited by any of sections 3 to 9 if, before the person does that act or thing, the Minister issues a certificate to the person stating that

  • (a) Security Council Resolution 1970 and Security Council Resolution 1973 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 or by the Committee of the Security Council in accordance with those Resolutions.

  • SOR/2011-172, s. 4.

LEGAL PROCEEDINGS

 No legal proceedings shall lie in Canada at the instance of the Government of Libya, of any person or entity in Libya, of a designated person or of any person claiming through or for the benefit of any such person or entity in connection with any contract or other transaction where its performance was prevented by reason of any measure imposed by these Regulations.

  • SOR/2011-172, s. 4.

APPLICATION BEFORE PUBLICATION

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

COMING INTO FORCE

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

RELATED PROVISIONS

  • — SOR/2011-172, s. 5

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

  • — SOR/2011-198, s. 6

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

  • — SOR/2013-160, s. 2

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