Duty to Determine

Marginal note:Determination of property

 Each of the following entities must 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

Marginal note:Disclosure
  •  (1) Every person in Canada and every Canadian outside Canada must 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).

  • Marginal note:Immunity

    (2) No person contravenes subsection (1) by disclosing in good faith under that subsection.

Exceptions

Marginal note:Non-application

 Sections 3 to 5 and 7 do not apply with respect to

  • (a) supplies intended solely for the support of or use by MICOPAX, MISCA, BINUCA and its guard unit, MINUSCA, the African Union Regional Task Force, the French forces deployed in CAR and the European Union operation deployed in CAR;

  • (b) supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Committee of the Security Council;

  • (c) supplies of protective clothing, including flak jackets and military helmets, temporarily exported to CAR by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, solely for their personal use;

  • (d) supplies of small arms and other related equipment intended solely for use in international patrols providing security in the Sangha River Tri-national Protected Area to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of CAR or to CAR’s international legal obligations; or

  • (e) supplies of arms and related material to CAR security forces, intended solely for support of or use in the security sector reform in CAR, as approved in advance by the Committee of the Security Council.

Marginal note:Mistaken Identity
  •  (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.

  • Marginal note:Certificate - time period

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

Marginal note:Certificate — Basic or extraordinary expenses
  •  (1) A person whose property has been affected by the application of section 6 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.

  • Marginal note:Certificate

    (2) The Minister must issue a certificate, if the necessity of that property for basic or extraordinary expenses is established in accordance with Security Council Resolution 2134, 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 January 28, 2014, 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.

Marginal note:Certificate — parties to a contract
  •  (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 6 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.

  • Marginal note:Issuance

    (2) The Minister must 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 the 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.

Marginal note:Certificate - exclusion

 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 of the United Nations did not intend that such an act or thing be prohibited; or

  • (b) the act or thing has been approved in advance by the Security Council of the United Nations or the Committee of the Security Council.

Legal Proceedings

Marginal note:Prohibition

 No legal proceedings lie in Canada at the instance of the Government of CAR, of any person or entity in CAR, 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 any reason of any measure imposed by these Regulations.

Application Before Publication

Marginal note:Application

 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

Marginal note:Registration

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

 
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