Regulations Implementing the United Nations Resolutions on Somalia (SOR/2009-92)

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

Regulations Implementing the United Nations Resolutions on Somalia

SOR/2009-92

UNITED NATIONS ACT

Registration 2009-03-12

Regulations Implementing the United Nations Resolutions on Somalia

P.C. 2009-395 2009-03-12

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 733 (1992) on January 23, 1992, Resolution 751 (1992) on April 24, 1992, Resolution 1356 (2001) on June 19, 2001, Resolution 1425 (2002) on July 22, 2002, Resolution 1725 (2006) on December 6, 2006, Resolution 1744 (2007) on February 20, 2007, Resolution 1772 (2007) on August 20, 2007 and Resolution 1844 (2008) on November 20, 2008;

And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in those resolutions 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 ActFootnote a, hereby makes the annexed Regulations Implementing the United Nations Resolutions on Somalia.

Interpretation

 The following definitions 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 established under paragraph 11 of Security Council Resolution 751. (Comité du Conseil de sécurité)

entity

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

Minister

Minister means the Minister of Foreign Affairs. (ministre)

paragraph 3 designated person

paragraph 3 designated person means a person that has been designated and listed by the Committee of the Security Council under paragraphs 3 and 11 of Security Council Resolution 1844. (personne désignée en vertu du paragraphe 3)

paragraph 8 designated person

paragraph 8 designated person means a person that has been designated and listed by the Committee of the Security Council under paragraphs 8 and 11 of Security Council Resolution 1844. (personne désignée en vertu du paragraphe 8)

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

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

Security Council Resolution 733

Security Council Resolution 733 means Resolution 733 (1992) of January 23, 1992, adopted by the Security Council. (résolution 733 du Conseil de sécurité)

Security Council Resolution 751

Security Council Resolution 751 means Resolution 751 (1992) of April 24, 1992, adopted by the Security Council. (résolution 751 du Conseil de sécurité)

Security Council Resolution 1356

Security Council Resolution 1356 means Resolution 1356 (2001) of June 19, 2001, adopted by the Security Council. (résolution 1356 du Conseil de sécurité)

Security Council Resolution 1425

Security Council Resolution 1425 means Resolution 1425 (2002) of July 22, 2002, adopted by the Security Council. (résolution 1425 du Conseil de sécurité)

Security Council Resolution 1725

Security Council Resolution 1725[Repealed, SOR/2019-60, s. 17]

Security Council Resolution 1744

Security Council Resolution 1744 means Resolution 1744 (2007) of February 20, 2007, adopted by the Security Council. (résolution 1744 du Conseil de sécurité)

Security Council Resolution 1772

Security Council Resolution 1772 means Resolution 1772 (2007) of August 20, 2007, adopted by the Security Council. (résolution 1772 du Conseil de sécurité)

Security Council Resolution 1844

Security Council Resolution 1844 means Resolution 1844 (2008) of November 20, 2008, adopted by the Security Council. (résolution 1844 du Conseil de sécurité)

Security Council Resolution 2036

Security Council Resolution 2036 means Resolution 2036 (2012) of February 22, 2012, adopted by the Security Council. (résolution 2036 du Conseil de sécurité)

Security Council Resolutions

Security Council Resolutions means Security Council Resolution 733, Security Council Resolution 751, Security Council Resolution 1356, Security Council Resolution 1425, Security Council Resolution 1744, Security Council Resolution 1772, Security Council Resolution 1844 and Security Council Resolution 2036. (résolutions du Conseil de sécurité)

Somalia

Somalia means the Somali Republic and includes its political subdivisions. (Somalie)

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)

working day

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

  • SOR/2012-121, s. 1
  • SOR/2019-60, s. 17

Application

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

Prohibitions

 No person in Canada shall knowingly

  • (a) export, sell, supply, transfer or ship, directly or indirectly, arms and related material, wherever situated, to any person in Somalia; or

  • (b) provide or transfer, directly or indirectly, technical, financial or other assistance related to military activities to any person in Somalia.

 No person in Canada shall knowingly

  • (a) export, sell, supply, transfer or ship, directly or indirectly, arms and related material, wherever situated, to a paragraph 8 designated person; or

  • (b) provide or transfer, directly or indirectly, technical, financial or other assistance, including investment, brokering or other financial services, related to military activities or to the supply, sale, transfer, manufacture, maintenance or use of arms and related material, to a paragraph 8 designated person.

 No person in Canada and no Canadian outside Canada shall knowingly import, directly or indirectly, charcoal from Somalia or any person in Somalia, whether or not the charcoal originated in Somalia.

  • SOR/2012-121, s. 2

 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 paragraph 3 designated person, by a paragraph 8 designated person, or by a person acting on behalf of or at the direction of a paragraph 3 designated person or a paragraph 8 designated person;

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

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

  • (d) make available any property or provide any financial or related services to a paragraph 3 designated person, to a paragraph 8 designated person, to a person acting on behalf of or at the direction of a paragraph 3 designated person or a paragraph 8 designated person or to an entity that is owned, held or controlled, directly or indirectly, by a paragraph 3 designated person or a paragraph 8 designated person; or

  • (e) make available any property or provide any financial or related services for the benefit of any person or any entity referred to in paragraph (d).

  • SOR/2019-60, s. 18

 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.

  • SOR/2012-121, s. 3
  • SOR/2019-60, s. 18

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 paragraph 3 designated person or a paragraph 8 designated person:

  • (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.

  • SOR/2019-60, s. 18
  •  (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 7 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 paragraph 3 designated person or a paragraph 8 designated person; 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. 18

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 did not intend that such an activity be prohibited or if the Security Council or the Committee of the Security Council has approved the activity in advance.

  • SOR/2019-60, s. 18
  •  (1) A person whose property is affected by the application of section 5 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 Security Council Resolution 1844 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 paragraph 3 designated person or a paragraph 8 designated person,

      • (ii) is not for the benefit of a designated person set out in subparagraph (i), and

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

  • SOR/2019-60, s. 18
  •  (1) A person whose name is the same as or similar to the name of a paragraph 3 designated person or a paragraph 8 designated person and that claims not to be that person may apply to the Minister in writing for a certificate stating that they are not that designated person.

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

    • (a) if it is established that the applicant is not the paragraph 3 designated person or a paragraph 8 designated person, as the case may be, 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. 18

Exceptions

 Section 3 does not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.

 Section 3 does not apply to supplies of non-lethal military equipment intended solely for humanitarian or protective use, as approved in advance by the Committee of the Security Council.

 [Repealed, SOR/2019-60, s. 19]

 Section 3 does not apply to supplies of arms and related material or technical assistance intended solely for the support of or use by the African Union Mission in Somalia established under to Security Council Resolution 1744 and Security Council Resolution 1772.

 Section 3 does not apply to supplies of arms and related material or technical assistance intended solely for the purpose of helping develop security sector institutions, consistent with the political process set out in paragraphs 1 to 3 of Security Council Resolution 1744 and in paragraphs 1 to 5 of Security Council Resolution 1772, and in the absence of a negative decision by the Committee of the Security Council in conformity with Security Council Resolution 1744 and Security Council Resolution 1772.

 [Repealed, SOR/2019-60, s. 20]

 [Repealed, SOR/2019-60, s. 20]

 [Repealed, SOR/2019-60, s. 20]

Coming into Force

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

RELATED PROVISIONS

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