Regulations Implementing the United Nations Resolutions on the Central African Republic (SOR/2014-163)

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

Obligations (continued)

Marginal note:Duty to disclose — RCMP or CSIS

  •  (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 8 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. 26

Exceptions

Marginal note:Non-application

 Sections 3 to 5 and 7 do not apply with respect to

  • (a) supplies intended solely for the support of or use by MICOPAX, MISCA, BINUCA and its guard unit, MINUSCA, the African Union Regional Task Force, the French forces deployed in CAR and the European Union operation deployed in CAR;

  • (b) supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Committee of the Security Council;

  • (c) supplies of protective clothing, including flak jackets and military helmets, temporarily exported to CAR by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, solely for their personal use;

  • (d) supplies of small arms and other related equipment intended solely for use in international patrols providing security in the Sangha River Tri-national Protected Area to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of CAR or to CAR’s international legal obligations; or

  • (e) supplies of arms and related material to CAR security forces, intended solely for support of or use in the security sector reform in CAR, as approved in advance by the Committee of the Security Council.

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 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. 27

Marginal note:Exemption for property

  •  (1) A person whose property is affected by the application of section 6 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 2134 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. 27

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 6 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 Committee of 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/2019-60, s. 27

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. 27

Legal Proceedings

Marginal note:Prohibition

 No legal proceedings lie in Canada at the instance of the Government of CAR, of any person or entity in CAR, of a designated person or of any person claiming through or for the benefit of any such person or entity in connection with any contract or other transaction where its performance was prevented by any reason of any measure imposed by these Regulations.

Application Before Publication

Marginal note:Application

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

 
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