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Regulations Implementing the United Nations Resolution on Eritrea (SOR/2010-84)

Regulations are current to 2019-11-19 and last amended on 2019-03-04. Previous Versions

Regulations Implementing the United Nations Resolution on Eritrea

SOR/2010-84

UNITED NATIONS ACT

Registration 2010-04-22

Regulations Implementing the United Nations Resolution on Eritrea

P.C. 2010-479 2010-04-22

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1907 (2009) on December 23, 2009;

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 ActFootnote a, hereby makes the annexed Regulations Implementing the United Nations Resolution on Eritrea.

Interpretation

Marginal note:Definitions

 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 corporation 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 under paragraph 11 of Security Council Resolution 751 (1992) of April 24, 1992. (Comité du Conseil de sécurité)

designated person

designated person means a person that has been designated by the Committee of the Security Council under paragraph 15 of Security Council Resolution 1907. (personne désignée)

Eritrea

Eritrea means the State of Eritrea and includes its political subdivisions. (Érythrée)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

person

person means an individual, corporation, trust, partnership, fund, unincorporated association or organization or foreign state. (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 1907

Security Council Resolution 1907 means Resolution 1907 (2009) of December 23, 2009, adopted by the Security Council of the United Nations. (résolution 1907 du Conseil de sécurité)

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)

Application

Marginal note:Application

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

Prohibitions

Marginal note:Export to Eritrea — Canadians

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

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

  • (b) provide or transfer, directly or indirectly, technical or financial assistance related to military activities or to the provision, manufacture, maintenance or use of arms and related material, wherever situated, to any person in Eritrea.

Marginal note:Export to Eritrea — vessel or aircraft

 It is prohibited for the owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, or the operator of an aircraft registered in Canada to knowingly permit their vessel or aircraft to be used by any person in carrying out any of the activities referred to in paragraph 3(a) or (b).

Marginal note:Export to designated person — Canadians

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

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

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

Marginal note:Export to designated person — vessel or aircraft

 It is prohibited for the owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, or the operator of an aircraft registered in Canada to knowingly permit their vessel or aircraft to be used by any person in carrying out any of the activities referred to in paragraph 5(a) or (b).

Marginal note:Import from Eritrea — Canadians

 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, buy or procure, directly or indirectly, from any person in Eritrea or any citizen of Eritrea, any of the following items or forms of assistance, wherever situated or originating:

  • (a) arms and related material; or

  • (b) technical or financial assistance related to military activities or to the provision, manufacture, maintenance or use of arms and related material.

Marginal note:Import from Eritrea — vessel or aircraft

 It is prohibited for the owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, or the operator of an aircraft registered in Canada to knowingly permit their vessel or aircraft to be used by any person to import, buy or procure from any person in Eritrea or any citizen of Eritrea any of the items or forms of assistance referred to in paragraph 7(a) or (b), wherever situated or originating.

Marginal note:Freezing of assets

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

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

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

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

  • (d) make any property or any financial or other related service available, directly or indirectly, to or for the benefit of a designated person.

Marginal note:Assisting in a prohibited activity

 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 9.

  • SOR/2019-60, s. 21

Obligations

Marginal note:Duty to determine

 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 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. 21

Marginal note:Duty to disclose — RCMP or CSIS

  •  (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 11 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 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).

  • SOR/2019-60, s. 21

Applications

Marginal note:Exemption

  •  (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.

  • Marginal note:Certificate

    (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. 21

Marginal note:Exemption for property

  •  (1) A person whose property is affected by the application of section 9 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.

  • Marginal note:Certificate

    (2) If it is established in accordance with Security Council Resolution 1907 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 designated person,

      • (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.

  • SOR/2019-60, s. 21

Marginal note:Mistaken identity

  •  (1) A person whose name is the same as or similar to the name of a 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.

  • Marginal note:Determination by Minister

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

    • (a) if it is established that the applicant is not the designated person, 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. 21

 [Repealed, SOR/2019-60, s. 21]

Application Prior to Publication

Marginal note:Application

 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms 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.

RELATED PROVISIONS

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