Marginal note:Certificate — parties to contract
12 (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 transfers 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 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.
Marginal note:Mistaken identity
13 (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.
Disclosure of Information
Marginal note:Disclosure by official
14 (1) An official may, for the purpose of responding to a request from the Security Council, the Committee of the Security Council, the Panel of Experts or the Focal Point for De-listing, 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, the Committee of the Security Council, the Panel of Experts or the Focal Point for De-listing.
Marginal note:Prohibition — legal proceedings
15 No legal proceedings lie in Canada at the instance of the Government of Yemen, of any person in Yemen, of a designated person or of any person claiming through or acting on behalf of or for the benefit of any such person in connection with any contract or other dealing if its performance was prevented in any way by these Regulations.
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