Regulations Implementing the United Nations Resolutions on Mali (SOR/2018-203)

Regulations are current to 2019-01-30

Regulations Implementing the United Nations Resolutions on Mali

SOR/2018-203

UNITED NATIONS ACT

Registration 2018-10-10

Regulations Implementing the United Nations Resolutions on Mali

P.C. 2018-1250 2018-10-04

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 2374 (2017) on September 5, 2017;

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, makes the annexed Regulations Implementing the United Nations Resolutions on Mali.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Canadian

Canadian means a citizen within the meaning of subsection 2(1) of the Citizenship Act, or an entity established, incorporated or continued by or under the laws of Canada or of 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 9 of Security Council Resolution 2374. (Comité du Conseil de sécurité)

designated person

designated person means a person that is designated by the Committee of the Security Council under paragraph 8 of Security Council Resolution 2374. (personne désignée)

entity

entity includes a corporation, trust, partnership, fund, unincorporated association or organization or foreign state. (entité)

Mali

Mali means the Republic of Mali 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. (Mali)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

official

official means a person 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)

person

person means an individual or an entity. (personne)

Security Council

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

Security Council Resolution 2374

Security Council Resolution 2374 means Resolution 2374 (2017) of September 5, 2017, adopted by the Security Council. (résolution 2374 du Conseil de sécurité)

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:Prohibited activities

  •  (1) 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).

  • Marginal note:Exception

    (2) Subsection (1) does not prohibit the payment of interest or other earnings, if the payment is the result of a dealing or transaction that occurred before the person became a designated person. However, that payment then becomes subject to subsection (1).

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 section 3.

Obligations

Marginal note:Duty to determine

 The following entities must determine on a continuing basis whether they are in possession or control of property that is 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 or 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 to which the Trust and Loan Companies Act applies;

  • (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.

Marginal note:Duty to disclose — RCMP or CSIS

  •  (1) Every person in Canada and every Canadian outside Canada and every entity referred to in section 5 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).

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 these 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.

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 2374 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.

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.

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.

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.

Legal Proceedings

Marginal note:Prohibition — legal proceedings

 No legal proceedings lie in Canada at the instance of the Government of Mali, of any person in Mali, of a designated person 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.

Application Before Publication

Marginal note:Application before publication

 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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