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

Regulations are current to 2017-11-20 and last amended on 2013-09-30. 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 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.

 
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