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 3 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:Certificate — time period

    (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 sections 3 and 4 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 Yemen, of any person or entity in Yemen, 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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