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

PART 1United Nations Resolutions (continued)

Prohibitions (continued)

Marginal note:Petroleum

 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly deal in Libyan petroleum, including crude oil and refined petroleum products, that is transported on board a designated vessel, or make available any property or provide any financial or related services in respect of any such dealing.

  • SOR/2011-198, s. 3
  • SOR/2018-101, s. 2

Marginal note:Canadian vessel or aircraft

  •  (1) It is prohibited for any owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, any operator of an aircraft registered in Canada, any Canadian owner or master of a vessel or any Canadian operator of an aircraft to knowingly carry, cause to be carried or permit to be carried arms and related material, wherever situated, destined for Libya or any person in Libya.

  • Marginal note:Carriage from Libya

    (2) It is prohibited for any owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, any operator of an aircraft registered in Canada, any Canadian owner or master of a vessel or any Canadian operator of an aircraft to knowingly carry, cause to be carried or permit to be carried arms and related material from Libya.

  • SOR/2018-101, s. 2

Marginal note:Servicing of designated vessel

  •  (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide bunkering services or other services related to the operation or the maintenance of designated vessels, including stevedoring and lighterage, unless it is necessary to do so for the safeguarding of human life.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to services that are necessary for the return of a designated vessel to Libya if the person who provides the services notifies the Minister within 48 hours after doing so.

  • SOR/2011-172, s. 3
  • SOR/2018-101, s. 2

Marginal note:Exception — non-lethal military equipment

  •  (1) Section 5, subsection 6(1) and section 8 do not apply to non-lethal military equipment that is intended solely for humanitarian or protective use.

  • Marginal note:Exception — protective clothing

    (2) Subsections 5(1) and (2) and section 8 do not apply to protective clothing, including flak jackets and military helmets, that is temporarily exported to Libya by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel solely for their personal use.

  • Marginal note:Exception — equipment intended for Government of Libya

    (3) Sections 5, 6 and 8 do not apply to non-lethal military equipment that is intended solely for security or disarmament assistance to the Government of Libya.

  • Marginal note:Exception — small arms and light weapons

    (4) Subsection 5(1) and section 8 do not apply to small arms and light weapons that are temporarily exported to Libya by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel solely for their personal use, if the Committee of the Security Council has been notified in advance and does not oppose them.

  • SOR/2018-101, s. 2

Applications

Marginal note:Exemption

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

  • Marginal note:Certificate

    (2) The Minister may issue the certificate if the Security Council does not intend that the activity is prohibited or if the Security Council or the Committee of the Security Council has approved the activity in advance.

  • SOR/2018-101, s. 2

Marginal note:Exemption for property

  •  (1) A person whose property is affected by the application of section 3 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 1970 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 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 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/2018-101, s. 2
  • SOR/2019-60, s. 23

Marginal note:Certificate — parties to contract

  •  (1) A person who is a party to a contract or a gratuitous transfer may apply to the Minister in writing for a certificate to exempt property from the application of section 3 to permit them to receive payments or a transfer from a designated person or to permit a designated person to make payments or to carry out the transfer.

  • Marginal note:Certificate — time period

    (2) The Minister must issue a certificate within 90 days after receiving the application and at least 10 working days after advising the Security Council of his or her intention to issue the certificate, if it is established that

    • (a) the contract was entered into or the transfer carried out prior to any party becoming a designated person; and

    • (b) the payments or transfer are not to be received, directly or indirectly, by a designated person, by a person acting on behalf of, or at the direction of, a designated person or by an entity that is owned, held or controlled, directly or indirectly, by a designated person.

  • SOR/2018-101, s. 2
  • SOR/2019-60, s. 24

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/2018-101, s. 2

Disclosure of Information

Marginal note:Disclosure by official

  •  (1) An official may, for the purpose of responding to a request from the Security Council, disclose personal information to the Minister.

  • Marginal note:Disclosure by Minister

    (2) The Minister may, for the purpose of administering or enforcing these Regulations or fulfilling an obligation under a resolution of the Security Council, disclose personal information to the Security Council.

  • SOR/2018-101, s. 2

 [Repealed, SOR/2018-101, s. 2]

Legal Proceedings

Marginal note:Prohibition — legal proceedings

 No legal proceedings lie in Canada at the instance of the Government of Libya, of any person in Libya, of a designated person, of a person listed under Part 2 or of any person claiming through or acting on behalf of any such person in connection with any contract or other dealing if its performance was prevented in any way by these Regulations.

  • SOR/2018-101, s. 2
 
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