Regulations Implementing the United Nations Resolutions and Imposing Special Economic Measures on Libya  (SOR/2011-51)

Regulations are current to 2019-07-01 and last amended on 2019-03-04. Previous Versions

Regulations Implementing the United Nations Resolutions and Imposing Special Economic Measures on Libya

SOR/2011-51

SPECIAL ECONOMIC MEASURES ACT

UNITED NATIONS ACT

Registration 2011-02-27

Regulations Implementing the United Nations Resolutions and Imposing Special Economic Measures on Libya

P.C. 2011-253 2011-02-27

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1970 (2011) on February 26, 2011;

Whereas that resolution calls for the taking of economic measures against Libya;

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;

And whereas the Governor in Council is of the opinion that the situation in Libya constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, hereby makes the annexed Regulations Implementing the United Nations Resolution on Libya and Taking Special Economic Measures pursuant to

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Libya

Libya means the Libyan state and includes

  • (a) any of its political subdivisions;

  • (b) its government and any of its departments or a government or department of its political subdivisions; and

  • (c) any of its agencies or any agency of its political subdivisions. (Libye)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

official

official means an individual who

  • (a) is or was employed in the service of Her Majesty in right of Canada or of a province;

  • (b) occupies or occupied a position of responsibility in the service of Her Majesty in right of Canada or of a province; or

  • (c) is or was engaged by or on behalf of Her Majesty in right of Canada or of a province. (fonctionnaire)

working day

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

  • SOR/2011-172, s. 2
  • SOR/2011-198, s. 2
  • SOR/2018-101, s. 2

PART 1United Nations Resolutions

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    armed mercenary

    armed mercenary means any person who

    • (a) is specially recruited to use arms and related material in Libya;

    • (b) uses arms and related material in Libya and is motivated essentially by the desire for private gain;

    • (c) is not a member of the Libyan Armed Forces; and

    • (d) has not been sent to Libya by a state on official duty as a member of that state’s armed forces. (mercenaire armé)

    arms and related material

    arms and related material means any type of weapon, ammunition, military vehicle, military equipment or paramilitary equipment, and their spare parts. (armes et matériel connexe)

    Committee of the Security Council

    Committee of the Security Council means the Committee of the Security Council established under paragraph 24 of Security Council Resolution 1970. (Comité du Conseil de sécurité)

    designated person

    designated person means a person that is designated by the Security Council under paragraph 17 of Security Council Resolution 1970 or by the Committee of the Security Council under paragraph 24(c) of that resolution or whose name appears in Annex II to that resolution or in Annex II to Security Council Resolution 1973. (personne désignée)

    designated vessel

    designated vessel means a vessel that is designated by the Committee of the Security Council or by the Security Council under paragraph 11 of Security Council Resolution 2146. (bâtiment désigné)

    military activities

    military activities means any activities conducted by state armed forces, non-state armed forces or armed mercenaries and any activities that support the operational capabilities of an armed group in Libya. (activités militaires)

    Security Council

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

    Security Council Resolution 1970

    Security Council Resolution 1970 means Resolution 1970 (2011) of February 26, 2011, adopted by the Security Council. (résolution 1970 du Conseil de sécurité)

    Security Council Resolution 1973

    Security Council Resolution 1973 means Resolution 1973 (2011) of March 17, 2011, adopted by the Security Council. (résolution 1973 du Conseil de sécurité)

    Security Council Resolution 2146

    Security Council Resolution 2146 means Resolution 2146 (2014) of March 19, 2014, adopted by the Security Council. (résolution 2146 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)

  • Marginal note:Canadian, entity, person and property

    (2) In this Part, the definitions Canadian, entity, person and property have the same meaning as in section 2 of the Special Economic Measures Act.

  • SOR/2018-101, s. 2

Prohibitions

Marginal note:Prohibited activities

 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 designated person or by a person acting on behalf of or at the direction of a 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 designated person, to a person acting on behalf of or at the direction of a designated person or to an entity that is owned, held or controlled, directly or indirectly, by a 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/2018-101, s. 2

Marginal note:Exception

  •  (1) With respect to the property of the following designated persons, paragraphs 3(a) to (c) apply only if that property was affected by the application of those paragraphs on September 16, 2011:

    • (a) the Libyan Investment Authority; and

    • (b) the Libyan Africa Investment Portfolio.

  • Marginal note:Non-application of paragraphs 3(d) and (e)

    (2) Paragraphs 3(d) and (e) do not apply to the designated persons set out in subsection (1).

  • SOR/2018-101, s. 2

Marginal note:Arms and related material — exporting

  •  (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly export, sell, supply or transfer, directly or indirectly, arms and related material, wherever situated, destined for Libya or for any person in Libya.

  • Marginal note:Arms and related material — importing

    (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire arms and related material, wherever situated, from Libya or from any person in Libya.

  • Marginal note:Arms and related material — technical assistance

    (3) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide technical assistance related to the sale, supply, transfer, manufacture, maintenance or use of arms and related material to Libya, to any person in Libya or to any person acting on behalf of Libya.

  • Marginal note:Arms and related material — property and financial services

    (4) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly make available any property or provide any financial or related services to Libya, to any person in Libya or to any person acting on behalf of Libya if the property or services are related to the sale, supply, transfer, manufacture, maintenance or use of any arms and related material.

  • SOR/2018-101, s. 2

Marginal note:Military activities — technical assistance

  •  (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide technical assistance related to military activities in Libya to Libya or to any person in Libya .

  • Marginal note:Military activities — property and financial services

    (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly make available any property or provide any financial or related services that are related to military activities in Libya to Libya or to any person in Libya.

  • Marginal note:Armed mercenaries

    (3) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide armed mercenaries to Libya or to any person in Libya.

  • SOR/2018-101, s. 2
  • SOR/2019-60, s. 22
 
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