Version of document from 2006-03-22 to 2006-06-22:

United Nations Afghanistan Regulations

SOR/99-444

UNITED NATIONS ACT

Registration 1999-11-10

United Nations Afghanistan Regulations

P.C. 1999-2015 1999-11-10

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to sections 2 and 3 of the United Nations Act, hereby makes the annexed United Nations Afghanistan Regulations.

INTERPRETATION

 The definitions in this section apply in these Regulations.

“aircraft”

“aircraft” includes a helicopter. (aéronef)

“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)

“Canadian ship”

“Canadian ship” has the same meaning as in section 2 of the Canada Shipping Act. (navire canadien)

“Committee of the Security Council”

“Committee of the Security Council” means the Committee of the Security Council of the United Nations established by Security Council Resolution 1267 (1999) of October 15, 1999 . (Comité du Conseil de sécurité)

“designated territory”

“designated territory”[Repealed, SOR/2004-160, s. 2]

“entity”

“entity” means a body corporate, a trust, a partnership, a fund, an unincorporated association or organization or a foreign state. (entité)

“person”

“person” means an individual or an entity. (personne)

“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”

“Security Council Resolution”[Repealed, SOR/2001-86, s. 1]

“Security Council Resolutions”

“Security Council Resolutions” means Resolution 1267 (1999) of October 15, 1999, Resolution 1333 (2000) of December 19, 2000, Resolution 1390 (2002) of January 16, 2002, and Resolution 1526 (2004) of January 30, 2004, adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

“Taliban”

“Taliban” means the political/military group — and any person associated with it according to the Committee of the Security Counsel — formerly headquartered in Kandahar, Afghanistan, that exercised de facto control over parts of the territory of Afghanistan, referred to as the "Islamic Emirate of Afghanistan", known in Pashtun as "de Afghanistan Islami Emarat" or in Dari as "Emarat Islami-e-Afghanistan". (Taliban)

“technical assistance”

“technical assistance” includes instruction, training, consulting services or technical advice or the transfer of know-how or technical data. (aide technique)

“technical data”

“technical data” includes blueprints, technical drawings, photographic imagery, computer software, models, formulas, engineering designs and specifications, technical and operating manuals and any technical information. (données techniques)

“Usama bin Laden or his associates”

“Usama bin Laden or his associates” means Usama bin Laden or any person associated with him according to the Committee of the Security Council, including members of the Al-Qaida organization. (Usama bin Laden ou ses associés)

  • SOR/2001-86, s. 1;
  • SOR/2002-211, s. 1;
  • SOR/2004-160, s. 2.

APPLICATION

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

PROHIBITIONS

 [Repealed, SOR/2004-160, s. 3]

 No person in Canada and no Canadian outside Canada shall knowingly

  • (a) deal directly or indirectly in any property that is owned or controlled by or on behalf of the Taliban or any entity owned or controlled by the Taliban;

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

  • (c) provide any financial services or any other services in respect of any property referred to in paragraph (a), to or for the benefit of, or on the direction or order of, the Taliban or any entity owned or controlled by the Taliban.

  • SOR/2004-160, s. 4.

 No person in Canada and no Canadian outside Canada shall knowingly

  • (a) deal directly or indirectly in any property that is owned or controlled by or on behalf of Usama bin Laden or his associates or any entity that is owned or controlled by or on behalf of Usama bin Laden or his associates;

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

  • (c) provide any financial services or any other services in respect of any property referred to in paragraph (a), to or for the benefit of, or on the direction or order of, Usama bin Laden or his associates or any entity owned or controlled by Usama bin Laden or his associates; or

  • (d) make any property — other than the necessaries of life — available, directly or indirectly, to any person referred to in paragraph (a) or for their benefit.

  • SOR/2001-86, s. 3;
  • SOR/2004-160, s. 5.

 No person in Canada and no Canadian outside Canada shall knowingly, directly or indirectly, export, sell, supply or ship arms and related material, wherever situated, to the Taliban or Usama bin Laden or his associates.

  • SOR/2001-86, s. 3;
  • SOR/2004-160, s. 6.

 No owner or master of a Canadian ship and no operator of an aircraft registered in Canada shall knowingly, directly or indirectly, carry, cause to be carried or permit to be carried arms and related material, wherever situated, destined for the Taliban or Usama bin Laden or his associates.

  • SOR/2001-86, s. 3;
  • SOR/2004-160, s. 6.

 No person in Canada and no Canadian outside Canada shall knowingly provide, directly or indirectly, to the Taliban or Usama bin Laden or his associates technical assistance related to military activities.

  • SOR/2001-86, s. 3;
  • SOR/2004-160, s. 6.

 [Repealed, SOR/2004-160, s. 6]

 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 any of sections 4 to 4.4.

  • SOR/2001-86, s. 3;
  • SOR/2004-160, s. 6.

EXCEPTION

 No person contravenes these Regulations by doing an act or thing prohibited by any of sections 4 to 5 if, before the person does that act or thing, the Minister of Foreign Affairs issues a certificate to the person stating that

  • (a) the Security Council Resolutions 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.

  • SOR/2004-160, s. 7.

 [Repealed, SOR/2004-160, s. 7]

COMING INTO FORCE

 These Regulations come into force on November 14, 1999.

SCHEDULE

[Repealed, SOR/2004-160, s. 8]