United Nations Sudan Regulations (SOR/2004-197)

Regulations are current to 2019-06-20 and last amended on 2019-03-04. Previous Versions

United Nations Sudan Regulations

SOR/2004-197

UNITED NATIONS ACT

Registration 2004-09-23

United Nations Sudan Regulations

P.C. 2004-1011 2004-09-23

Whereas the Security Council of the United Nations, under Article 41 of the Charter of the United Nations, adopted Resolution 1556 (2004) on July 30, 2004;

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

Interpretation

 The definitions in this section apply in these Regulations.

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

Canadian means an individual who is a citizen within the meaning of the Citizenship Act or a body corporate incorporated by or continued under the laws of Canada or a province. (Canadien)

Committee of the Security Council

Committee of the Security Council means the Committee of the Security Council of the United Nations established by Resolution 1591 (2005) of March 29, 2005, adopted by the Security Council of the United Nations. (Comité du Conseil de sécurité)

Comprehensive Peace Agreement

Comprehensive Peace Agreement means the Comprehensive Peace Agreement between the Government of Sudan and the Sudan People's Liberation Movement/Army, signed in Nairobi, Kenya on January 9, 2005. (Accord de paix global)

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)

regional organization of states

regional organization of states includes the African Union, established pursuant to the Constitutive Act of the African Union adopted at Lomé, Togo, on July 11, 2000. (organisation régionale d'États)

Security Council Resolution

Security Council Resolution[Repealed, SOR/2005-122, s. 2]

Security Council Resolutions

Security Council Resolutions means Resolution 1556 (2004) of July 30, 2004 and Resolution 1591 (2005) of March 29, 2005, adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

Sudan

Sudan means the Republic of Sudan and includes its political subdivisions. (Soudan)

technical assistance

technical assistance means any form of assistance, such as providing instruction, training, consulting services or technical advice or transferring 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)

  • SOR/2005-122, s. 2
  • SOR/2019-60, s. 6

Application

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

Prohibitions

 Subject to sections 6 to 9, no person in Canada and no Canadian outside Canada shall knowingly export, sell, supply or ship arms and related material, wherever situated, to any person in Sudan.

  • SOR2005-122, s. 3

 Subject to sections 6 to 9, no owner or master of a Canadian ship, within the meaning of section 2 of the Canada Shipping Act, and no operator of an aircraft registered in Canada shall knowingly carry, cause to be carried or permit to be carried, arms and related material, wherever situated, destined for any person in Sudan.

  • SOR2005-122, s. 3

 Subject to sections 6 to 9, no person in Canada and no Canadian outside Canada shall knowingly provide, directly or indirectly, to any person in Sudan technical assistance related to the provision, manufacture, maintenance or use of arms and related material.

  • SOR2005-122, s. 3

 Sections 3 to 5 do not apply in respect of arms and related material and related technical assistance for a monitoring, verification or peace support operation, including such an operation led by a regional organization of states, if the operation

  • (a) is authorized by the Security Council of the United Nations or by the Committee of the Security Council; or

  • (b) operates with the consent of the relevant parties as contemplated by paragraph 9 of Resolution 1556 (2004) of July 30, 2004 adopted by the Security Council of the United Nations.

  • SOR2005-122, s. 3

 Sections 3 to 5 do not apply in respect of non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, and in respect of the provision of related technical assistance.

 Sections 3 to 5 do not apply in respect of protective clothing, including flak jackets and military helmets, if it is intended for the personal use of United Nations personnel, human rights monitors, representatives of the media and humanitarian and development workers and associated personnel.

 Sections 3 to 5 do not apply in respect of arms and related material or technical assistance that

  • (a) are provided in support of implementation of the Comprehensive Peace Agreement; or

  • (b) are brought into the Darfur region of Sudan, if their movement is approved by the Committee of the Security Council upon a request by the Government of Sudan.

  • SOR2005-122, s. 4

 No person in Canada and no Canadian outside Canada shall knowingly

  • (a) deal directly or indirectly in any property in Canada that is owned or controlled as at March 29, 2005 or at any time after that date by

    • (i) a person designated by the Committee of the Security Council, or

    • (ii) an entity owned or controlled by a person referred to in subparagraph (i) or by a person acting on behalf or at the direction of a person referred to in subparagraph (i);

  • (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); 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.

  • SOR2005-122, s. 4

 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 activity prohibited by sections 3 to 5 and 10.

  • SOR2005-122, s. 4
  • SOR/2019-60, s. 7

Obligations

 The following entities must determine on a continuing basis whether they are in possession or control of property owned, held or controlled by or on behalf of a person designated by the Committee of the Security Council:

  • (a) authorized foreign banks, as defined in section 2 of the Bank Act, in respect of their business in Canada, and banks regulated by that Act;

  • (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 activities 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 regulated by the Trust and Loan Companies Act;

  • (g) trust companies regulated by a provincial Act;

  • (h) loan companies regulated by a provincial Act;

  • (i) entities that engage in any activity referred to 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.

  • SOR2005-122, s. 4
  • SOR/2019-60, s. 7
  •  (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 12 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 have reason to believe is owned, held or controlled by or on behalf of a person designated by the Committee of the Security Council; and

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

  • (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).

  • SOR/2019-60, s. 7

Applications

  •  (1) A person that wishes to engage in any activity that is prohibited under these Regulations may, before doing so, apply to the Minister in writing for a certificate to exempt the activity from the application of the Regulations.

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

  • SOR/2019-60, s. 7
  •  (1) A person whose property is affected by the application of section 10 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 is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision.

  • (2) If it is established in accordance with Resolution 1591 (2005) of March 29, 2005, adopted by the Security Council of the United Nations, that the property is necessary for basic or extraordinary expenses or is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision, the Minister must issue a certificate within the following time periods:

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

    • (b) within 30 working days after receiving the application, in the case of property that is necessary for extraordinary expenses, if the Committee of the Security Council approves 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 hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision that

      • (i) was created or issued before the person became a person designated by the Committee of the Security Council,

      • (ii) is not for the benefit of a person designated by the Committee of the Security Council, and

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

  • SOR/2019-60, s. 7
  •  (1) A person whose name is the same as or similar to the name of a person designated by the Committee of the Security Council and that claims not to be that person may apply to the Minister in writing for a certificate stating that they are not that person.

  • (2) Within 45 days after receiving the application, the Minister must,

    • (a) if it is established that the applicant is not the person designated by the Committee of the Security Council, issue the certificate; or

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

  • SOR/2019-60, s. 7

RELATED PROVISIONS

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