Regulations Implementing the United Nations Resolution on South Sudan

SOR/2015-165

UNITED NATIONS ACT

Registration 2015-06-19

Regulations Implementing the United Nations Resolution on South Sudan

P.C. 2015-849 2015-06-18

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 2206 (2015) on March 3, 2015;

And 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;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 2 of the United Nations ActFootnote a, makes the annexed Regulations Implementing the United Nations Resolution on South Sudan.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Canadian

Canadien

Canadian means a citizen within the meaning of the Citizenship Act, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated or continued by or under the laws of Canada or of a province. (Canadien)

Committee of the Security Council

Comité du Conseil de sécurité

Committee of the Security Council means the Committee of the Security Council of the United Nations established under paragraph 16 of Security Council Resolution 2206. (Comité du Conseil de sécurité)

designated person

personne désignée

designated person means a person that is designated by the Committee of the Security Council under paragraph 6 of Security Council Resolution 2206. (personne désignée)

entity

entité

entity means a corporation, trust, partnership, fund, unincorporated association or organization or foreign state. (entité)

Focal Point for De-listing

point focal pour les demandes de radiation

Focal Point for De-listing means the Focal Point for De-listing established pursuant to Resolution 1730 (2006) of December 19, 2006 adopted by the Security Council of the United Nations. (point focal pour les demandes de radiation)

Minister

ministre

Minister means the Minister of Foreign Affairs. (ministre)

official

fonctionnaire

official means a person who

  • (a) is or was employed in the service of Her Majesty in right of Canada or of a province;

  • (b) occupies or occupied a position of responsibility in the service of Her Majesty in right of Canada or of a province; or

  • (c) is or was engaged by or on behalf of Her Majesty in right of Canada or of a province. (fonctionnaire)

Panel of Experts

Groupe d’experts

Panel of Experts means the Panel of Experts that is established under Security Council Resolution 2206. (Groupe d’experts)

person

personne

person means an individual or entity. (personne)

property

bien

property means any real, personal, movable or immovable property. (bien)

Security Council Resolution 2206

résolution 2206 du Conseil de sécurité

Security Council Resolution 2206 means Resolution 2206 (2015) of March 3, 2015, adopted by the Security Council of the United Nations. (résolution 2206 du Conseil de sécurité)

South Sudan

Soudan du Sud

South Sudan means the Republic of South Sudan and includes

  • (a) any of its political subdivisions;

  • (b) its government and any of its departments or a government or department of its political subdivisions; and

  • (c) any of its agencies or any agency of its political subdivisions. (Soudan du Sud)

working day

jour ouvrable

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

Application

Marginal note:Binding on Her Majesty

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

Prohibitions

Marginal note:Prohibited activities

 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly

  • (a) deal in any property in Canada that is owned, held or controlled, 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 that is owned, held or controlled by a designated person;

  • (b) enter into or facilitate, any transaction related to a dealing referred to in paragraph (a);

  • (c) provide any financial or other related service in respect of a dealing referred to in paragraph (a); or

  • (d) make any property or any financial or related service available, directly or indirectly, to a designated person, to a person acting on behalf of, at the direction of, or for the benefit of a designated person, or to or for the benefit of a person that is owned, held or controlled by a designated person.

Marginal note:Assisting a prohibited act or thing

 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly do anything that causes, facilitates or assists in, or is intended to cause, facilitate or assist in, any act or thing prohibited by section 3.

Obligations

Marginal note:Duty to determine

 The following entities must determine on a continuing basis whether they are in possession or control of property that is owned, held 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 regulated by a provincial Act that are engaged in the business of insuring risks;

  • (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.

Marginal note:Duty to disclose
  •  (1) Every person in Canada and every Canadian outside Canada must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service

    • (a) the existence of property in their possession or control that they know is owned, held or controlled by or on behalf of a designated person; and

    • (b) any information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

  • Marginal note:Immunity

    (2) No proceedings under the United Nations Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1).

Applications

Marginal note:Exemption
  •  (1) A person who wishes to do an act or thing that is prohibited under these Regulations may, before doing the act or thing, apply to the Minister in writing for a certificate to exempt the act or thing from the application of the Regulations.

  • Marginal note:Certificate

    (2) The Minister may issue the certificate if the Security Council of the United Nations did not intend that such an act or thing be prohibited or if the act or thing has been approved in advance by either the Security Council of the United Nations or the Committee of the Security Council.

Marginal note:Basic or extraordinary expenses
  •  (1) A person whose property has been affected by the application of section 3 may apply to the Minister in writing for a certificate to exempt the property from the application of that section if the property is necessary for basic or extraordinary expenses or it is subject to a lien, mortgage or security interest, to a hypotec or prior claim, to a charge or to a judicial, administrative or arbitral decision.

  • Marginal note:Certificate

    (2) If it is established in accordance with Security Council Resolution 2206 that the property is necessary for basic or extraordinary expenses or that it is subject to a lien, mortgage or security interest, to a hypotec or prior claim, to a charge or to a judicial, administrative or arbitral decision, the Minister must issue a certificate within the following timelines:

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

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

    • (c) within 90 days after receiving the application, in the case of property that is subject to a lien, mortgage or security interest, to a hypotec or prior claim, to a charge or to a judicial, administrative or arbitral decision that

      • (i) was created or issued before the coming into force of these Regulations;

      • (ii) is not for the benefit of a designated person; and

      • (iii) has been brought to the attention of the Committee of the Security Council by the Minister.

Marginal note:Certificate — parties to contract
  •  (1) If a party to a contract or a gratuitous transfer becomes a designated person, any party to that contract or transfer may apply to the Minister in writing for a certificate to exempt property from the application of section 3 to permit any party that is not a designated person to receive payments or a transfer or for the party that is a designated person to make payments or to complete the transfer.

  • Marginal note:Certificate — time period

    (2) The Minister must issue a certificate within 90 days after the day on which the application is received and at least 10 working days after the day on which he or she has 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 or the transfer occurred prior to any party becoming a designated person; and

    • (b) the payments or transfer are 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 that is owned, held or controlled by a designated person.

Marginal note:Mistaken identity
  •  (1) A person in Canada, or any Canadian outside Canada, whose name is the same as or similar to the name of a designated person and that claims not to be that designated person may apply to the Minister in writing for a certificate stating that they are not that designated person.

  • Marginal note:Determination by Minister

    (2) Within 45 days after the day on which the application is received, the Minister must,

    • (a) if he or she is satisfied that the applicant is not the designated person, issue a certificate; or

    • (b) if he or she is not so satisfied, provide notice to the applicant of his or her determination.

Information Sharing

Marginal note:Disclosure by official
  •  (1) An official may, for the purpose of responding to a request from the Security Council of the United Nations, the Committee of the Security Council, the Panel of Experts or the Focal Point for De-listing, disclose personal information to the Minister.

  • Marginal note:Disclosure by Minister

    (2) The Minister may, for the purpose of administering or enforcing these Regulations or fulfilling an obligation under a resolution of the Security Council of the United Nations, disclose personal information to the Security Council of the United Nations, the Committee of the Security Council, the Panel of Experts or the Focal Point for De-listing.

Legal Proceedings

Marginal note:Prohibition — legal proceedings

 No legal proceedings lie in Canada at the instance of the Government of South Sudan, of any person or entity in South Sudan, of a designated person or of any person claiming through or acting on behalf of or for the benefit of any such person or entity in connection with any contract or other dealing if its performance was prevented in any way 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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