Regulations Implementing the United Nations Resolutions on Iraq (SOR/2004-221)

Interpretation

1 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 equipment, including their spare parts. (armes et matériel connexe)

Canadian

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

Committee

Committee means

• (a) the Committee of the Security Council established by Resolution 661 (1990) of August 6, 1990 and modified by Resolution 1483 (2003) of May 22, 2003; or

• (b) the Committee of the Security Council established by Resolution 1518 (2003) of November 24, 2003. (Comité)

Development Fund for Iraq

Development Fund for Iraq means the fund identified by paragraph 12 of Resolution 1483 (2003) of May 22, 2003. (Fonds de développement pour l’Iraq)

individual or entity identified by the Committee

individual or entity identified by the Committee means an individual or entity described in paragraph 23(b) of Resolution 1483 (2003) of May 22, 2003 that is identified by the Committee pursuant to paragraph 19 of that resolution. (individu ou entité recensé par le Comité)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

person

person means an individual, a body corporate, a trust, a partnership, a fund, an unincorporated association or organization or a foreign state. (personne)

previous Government of Iraq

previous Government of Iraq means the Government of Iraq and the governments of its political subdivisions, including their state bodies, corporations and agencies, that existed prior to May 22, 2003. (Gouvernement iraquien précédent)

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)

public entity identified by the Committee

public entity identified by the Committee means an entity described in paragraph 23(a) of Resolution 1483 (2003) of May 22, 2003 that is identified by the Committee pursuant to paragraph 19 of that resolution. (entité publique recensée par le Comité)

Resolution

Resolution means a resolution adopted by the Security Council. (résolution)

Security Council

Security Council means the Security Council of the United Nations. (Conseil de sécurité)

working day

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

Application

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

Legal Proceedings

• 3 (1) No legal proceeding — and no attachment, garnishment or execution — shall lie against

  • (a) any petroleum, petroleum product or natural gas originating in Iraq until the title or right to the petroleum, petroleum product or natural gas passes to an initial purchaser;

  • (b) the proceeds or obligations from the initial sale of any petroleum, petroleum product or natural gas originating in Iraq; or

  • (c) the Development Fund for Iraq, including its property wherever located.

• (2) Subsection (1) does not apply in respect of the enforcement of a final judgement arising out of a contractual obligation entered into after June 28, 2004 by the Government of Iraq, a government of a political subdivision of Iraq or their state bodies, corporations or agencies.

• (3) Subsection (1) does not apply if recourse to the proceeds or obligations referred to in paragraph (1)(b) is necessary to satisfy liability for damages assessed in connection with an ecological accident, including an oil spill, that occurs after May 22, 2003.

Prohibitions

4 No person in Canada and no Canadian outside of Canada shall knowingly export, sell, supply or send to any person in Iraq arms and related material unless they are required by the Government of Iraq, or by a multinational force under unified command, to serve the purposes of Resolution 1546 of June 8, 2004.

• 5 (1) No person in Canada and no Canadian outside of Canada shall knowingly

  • (a) deal directly or indirectly in any property in Canada that

    • (i) was owned on May 22, 2003, and continues to be owned, by the previous Government of Iraq or any public entity identified by the Committee, or

    • (ii) is owned or controlled by or held on behalf of any individual or entity identified by the Committee;

  • (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).

• (2) Subsection (1) does not prohibit dealings in property that are undertaken by

  • (a) Her Majesty in right of Canada in compliance with Resolution 1483 (2003) of May 22, 2003, Resolution 1511 (2003) of October 16, 2003, or Resolution 1518 (2003) of November 24, 2003; or

  • (b) any person in compliance with subsection 7(3).

• (3) For greater certainty, subsection (1) does not apply to the property of diplomatic missions and consular posts of Iraq in Canada.

5.1 Section 5 does not prohibit the provision, processing or payment of funds, other financial assets or economic resources or the provision of goods and services that are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs in Iraq by

• (a) the United Nations, including its programs, funds and other entities and bodies, as well as its specialized agencies and related organizations;

• (b) international organizations;

• (c) humanitarian organizations that have been granted observer status by the United Nations General Assembly and members of those humanitarian organizations;

• (d) bilaterally or multilaterally funded non-governmental organizations that are participating in any United Nations humanitarian response plan, refugee response plan or other United Nations appeals for assistance or in groups of humanitarian organizations coordinated by the United Nations Office for the Coordination of Humanitarian Affairs, including the employees, grantees, subsidiaries and implementing partners of those non-governmental organizations while acting in those capacities;

• (e) any other person authorized for that purpose by a United Nations committee established by the Security Council acting within its mandate.

6 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 4 and 5.

Disclosure and Transfer

• 7 (1) Every person in Canada and every Canadian outside of Canada who is knowingly in possession or control of any property described in paragraph 5(1)(a) must, without delay, notify the Minister in writing.

• (2) The notice must contain the following information:

  • (a) the value, location and nature of the property;

  • (b) the name, address and telephone number of the person in possession or control;

  • (c) the date on which the person came into possession or control;

  • (d) if the property is described in subparagraph 5(1)(a)(i), the name of the owner;

  • (e) if the property is described in subparagraph 5(1)(a)(ii), the name of the individual or entity identified by the Committee that owns or controls the property or on whose behalf the property is held; and

  • (f) if the person has knowledge that the property is subject to a judicial, administrative or arbitral decision or measure made prior to the coming into force of these Regulations, a description of the decision or measure.

• (3) Unless notified by the Minister within 45 working days after sending the notice, the person must, at the end of that period, transfer without delay to the account of the Development Fund for Iraq at the Federal Reserve Bank of New York any cash, currency or securities, negotiable instruments or other financial instruments described in the notice that are not required to satisfy any decision or measure referred to in paragraph (2)(f).

• (4) No proceedings under the United Nations Act and no civil proceedings lie against a person for a disclosure or transfer made in good faith under this section.

Applications

• 8 (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 must issue the certificate if the Security Council did not intend that such an activity be prohibited or if the Security Council or the Committee has approved the activity in advance.

• 8.1 (1) A person whose name is the same as or similar to the name of an individual or entity identified by the Committee and that claims not to be that individual or entity may apply to the Minister in writing for a certificate stating that they are not that individual or entity.

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

  • (a) if it is established that the applicant is not the individual or entity identified by the Committee, issue the certificate; or

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

Claims

9 No claim in respect of any contract or transaction the performance of which has been affected by reason of the measures imposed by these Regulations shall lie against Her Majesty in right of Canada or a province or against a person in Canada at the instance of

• (a) the previous Government of Iraq, a public entity identified by the Committee or an individual or entity identified by the Committee;

• (b) any person in Iraq; or

• (c) any person claiming through or for the benefit of any person or body referred to in paragraph (a) or (b).

Repeal

10 [Repeal]

Coming into Force

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