Regulations Implementing the United Nations Resolutions on Taliban, ISIL (Da’esh) and Al-Qaida (SOR/99-444)

Interpretation

1 The definitions in this section apply in these Regulations.

aircraft

aircraft[Repealed, SOR/2020-115, s. 2]

Al-Qaida Sanctions Committee

Al-Qaida Sanctions Committee[Repealed, SOR/2020-115, s. 2]

Al-Qaida Sanctions List

Al-Qaida Sanctions List[Repealed, SOR/2020-115, s. 2]

arms and related material

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

Canadian

Canadian means a citizen within the meaning of the Citizenship Act or an entity established, incorporated or continued under the laws of Canada or of a province. (Canadien)

Canadian ship

Canadian ship[Repealed, SOR/2020-115, s. 2]

Committee of the Security Council

Committee of the Security Council[Repealed, SOR/2014-212, s. 1]

designated territory

designated territory[Repealed, SOR/2004-160, s. 2]

entity

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

explosive

explosive means anything that is made, manufactured or used to produce an explosion or a detonation, including their raw materiels and components. (explosif)

Guidelines of the Al-Qaida Sanctions Committee

Guidelines of the Al-Qaida Sanctions Committee[Repealed, SOR/2020-115, s. 2]

Guidelines of the Committee of the Security Council

Guidelines of the Committee of the Security Council[Repealed, SOR/2014-212, s. 1]

Guidelines of the 1988 Sanctions Committee

Guidelines of the 1988 Sanctions Committee[Repealed, SOR/2020-115, s. 2]

ISIL (Da’esh) and Al-Qaida Sanctions Committee

ISIL (Da’esh) and Al-Qaida Sanctions Committee means the Committee of the Security Council of the United Nations established under Resolution 1267 (1999) of October 15, 1999 adopted by the Security Council. (Comité des sanctions contre EIIL (Daech) et Al-Qaïda)

ISIL (Da’esh) and Al-Qaida Sanctions List

ISIL (Da’esh) and Al-Qaida Sanctions List means the list referred to in paragraph 2 of Resolution 1390 (2002) of January 16, 2002 adopted by the Security Council and maintained by the ISIL (Da’esh) and Al-Qaida Sanctions Committee. (liste des sanctions contre EIIL (Daech) et Al-Qaïda )

judge

judge[Repealed, SOR/2020-115, s. 2]

list of the Committee of the Security Council

list of the Committee of the Security Council[Repealed, SOR/2014-212, s. 1]

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 the Taliban, ISIL (Da’esh) or Al-Qaida. (activités militaires)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

1988 Sanctions Committee

1988 Sanctions Committee means the Committee of the Security Council of the United Nations established under paragraph 30 of Resolution 1988 (2011) of June 17, 2011 adopted by the Security Council. (Comité de 1988)

1988 Sanctions List

1988 Sanctions List means the list referred to in paragraph 1 of Security Council Resolution 1988 (2011) of June 17, 2011, and maintained by the 1988 Sanctions Committee. (liste de la résolution 1988)

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)

person associated with Al-Qaida

person associated with Al-Qaida[Repealed, SOR/2020-115, s. 2]

person associated with ISIL (Da’esh) or Al-Qaida

person associated with ISIL (Da’esh) or Al-Qaida means any person listed in the ISIL (Da’esh) and Al-Qaida Sanctions List with the exception of any entity referred to in the Regulations Establishing a List of Entities. (personne liée à EIIL (Daech) ou Al-Qaïda)

person associated with the Taliban

person associated with the Taliban means any person listed in the 1988 Sanctions List with the exception of any entity referred to in the Regulations Establishing a List of Entities. (personne liée au Taliban)

property

property[Repealed, SOR/2020-115, s. 2]

Security Council

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

Security Council Resolution

Security Council Resolution[Repealed, SOR/2001-86, s. 1]

Security Council Resolutions

Security Council Resolutions[Repealed, SOR/2020-115, s. 2]

Taliban

Taliban[Repealed, SOR/2014-212, s. 1]

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)

technical data

technical data[Repealed, SOR/2020-115, s. 2]

Usama bin Laden or his associates

Usama bin Laden or his associates[Repealed, SOR/2014-212, s. 1]

working day

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

Prohibitions

Marginal note:Prohibited activities

2 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly

• (a) deal in any property that is owned, held or controlled, directly or indirectly, by one of the following or by a person acting on behalf of or at the direction of that person:

  • (i) a person associated with the Taliban, or

  • (ii) a person associated with ISIL (Da’esh) or Al-Qaida;

• (b) enter into or facilitate any transaction related to a dealing referred to in paragraph (a);

• (c) provide or acquire any financial or related services in respect of a dealing referred to in paragraph (a);

• (d) make available any property other than the property referred to in section 3 to

  • (i) a person associated with the Taliban or a person acting on behalf of or at the direction of that person or an entity that is owned, held or controlled by that person, directly or indirectly, or to or for the benefit of a person associated with the Taliban, or

  • (ii) a person associated with ISIL (Da’esh) or Al-Qaida or a person acting on behalf of or at the direction of that person or an entity that is owned, held or controlled by that person, directly or indirectly, or to or for the benefit of a person associated with ISIL (Da’esh) or Al-Qaida; or

• (e) provide any financial or related services to or for the benefit of any person or any entity referred to in paragraph (d) or acquire any such services from or for the benefit of any such person or entity.

Marginal note:Exception — humanitarian assistance in Afghanistan

• 2.1 (1) Section 2 does not prohibit the provision, processing or payment of funds, other financial assets or economic resources or the provision of goods and services that are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs in Afghanistan by

  • (a) the United Nations, including its programs, funds and other entities and bodies, as well as its specialized agencies and related organizations;

  • (b) international organizations;

  • (c) humanitarian organizations that have been granted observer status by the United Nations General Assembly and members of those humanitarian organizations;

  • (d) bilaterally or multilaterally funded non-governmental organizations that are participating in any United Nations humanitarian response plan, refugee response plan or other United Nations appeals for assistance or in groups of humanitarian organizations coordinated by the United Nations Office for the Coordination of Humanitarian Affairs, including the employees, grantees, subsidiaries and implementing partners of those non-governmental organizations while acting in those capacities;

  • (e) any other person authorized for that purpose by a United Nations committee established by the Security Council acting within its mandate; or

  • (f) any other international organization that provides humanitarian assistance or leads other activities that support basic human needs in Afghanistan and are so recognized by Canada.

• Marginal note:Exception — humanitarian assistance in other states

  (2) Section 2 does not prohibit the provision, processing or payment of funds, other financial assets or economic resources or the provision of goods and services that are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs in foreign states other than Afghanistan by

  • (a) the United Nations, including its programs, funds and other entities and bodies, as well as its specialized agencies and related organizations;

  • (b) international organizations;

  • (c) humanitarian organizations that have been granted observer status by the United Nations General Assembly and members of those humanitarian organizations;

  • (d) bilaterally or multilaterally funded non-governmental organizations that are participating in any United Nations humanitarian response plan, refugee response plan or other United Nations appeals for assistance or in groups of humanitarian organizations coordinated by the United Nations Office for the Coordination of Humanitarian Affairs, including the employees, grantees, subsidiaries and implementing partners of those non-governmental organizations while acting in those capacities;

  • (e) any other person authorized for that purpose by a United Nations committee established by the Security Council acting within its mandate.

• Marginal note:Cessation of effect

  (3) Subsection (2) ceases to have effect in respect of the provision, processing or payment of funds, other financial assets or economic resources and the provision of goods and services to a person referred to in subparagraph 2(d)(ii) on the later of December 9, 2024 and the day on which paragraph 1 of Resolution 2664 (2022), adopted by the Security Council on December 9, 2022, or any resolution that replaces that paragraph, ceases to have effect.

Marginal note:Embargo — arms and related material

3 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly

• (a) provide or collect funds by any means, directly or indirectly, with the intention that the funds be used, or in the knowledge that the funds are to be used, by a person associated with the Taliban or a person associated with ISIL (Da’esh) or Al-Qaida;

• (b) sell, supply or transfer, directly or indirectly, arms and related material or explosives, wherever situated, to a person associated with the Taliban or to a person associated with ISIL (Da’esh) or Al-Qaida; or

• (c) provide, directly or indirectly, technical assistance or financial assistance related to the sale, supply, transfer, manufacture, maintenance or use of arms and related material or explosives to a person associated with the Taliban or to a person associated with ISIL (Da’esh) or Al-Qaida.

3.1 to 3.4 [Repealed, SOR/2004-160, s. 3]

Marginal note:Embargo — military activities

4 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide, directly or indirectly, technical assistance or financial assistance related to military activities to a person associated with the Taliban or a person associated with ISIL (Da’esh) or Al-Qaida.

4.1 [Repealed, SOR/2020-115, s. 3]

4.2 [Repealed, SOR/2020-115, s. 3]

4.3 [Repealed, SOR/2020-115, s. 3]

4.4 [Repealed, SOR/2020-115, s. 3]

4.5 to 4.6 [Repealed, SOR/2004-160, s. 6]

Marginal note:Embargo — transport

5 It is prohibited for the 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 or any explosives destined for a person associated with the Taliban or for a person associated with ISIL (Da’esh) or Al-Qaida.

5.1 [Repealed, SOR/2020-115, s. 3]

5.2 [Repealed, SOR/2020-115, s. 3]

5.3 [Repealed, SOR/2020-115, s. 3]

5.4 [Repealed, SOR/2020-115, s. 3]

5.5 [Repealed, SOR/2020-115, s. 3]

5.6 [Repealed, SOR/2019-60, s. 3]

5.7 [Repealed, SOR/2019-60, s. 3]

Marginal note:Assisting in prohibited activity

6 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 sections 2 to 5.

Obligations

Marginal note:Duty to determine

• 7 (1) Each of the entities set out in subsection (2) must determine on a continuing basis whether they are in possession or control of property owned, held or controlled by or on behalf of

  • (a) a person associated with the Taliban; or

  • (b) a person associated with ISIL (Da’esh) or Al-Qaida.

• Marginal note:Entities

  (2) The entities are:

  • (a) authorized foreign banks, as defined in section 2 of the Bank Act, in respect of their business in Canada, and banks regulated by that Act;

  • (b) a 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 regulated by the Trust and Loan Companies Act;

  • (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

• 8 (1) Every person in Canada, every Canadian outside Canada and every entity set out in subsection 7(2) 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

    • (i) a person associated with the Taliban, or

    • (ii) a person associated with ISIL (Da’esh) or Al-Qaida; 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

• 9 (1) A person that wishes to engage in any activity that is prohibited under these Regulations must, 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 must issue the certificate if the Security Council did not intend that the activity be prohibited or if the Security Council, the 1988 Sanctions Committee or the ISIL (Da’esh) and Al-Qaida Sanctions Committee, as the case may be, has approved the activity in advance.

Marginal note:Basic or extraordinary expenses

• 10 (1) A person whose property is affected by the application of section 2 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.

• Marginal note:Certificate

  (2) If it is established in accordance with Resolution 1452 (2002) of December 20, 2002, adopted by the Security Council that the property is necessary for basic or extraordinary expenses, 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 necessary for basic expenses, if the 1988 Sanctions Committee or the ISIL (Da’esh) and Al-Qaida Sanctions Committee, as applicable, does not oppose the application; and

  • (b) within 30 working days after receiving the application, in the case of property necessary for extraordinary expenses, if the 1988 Sanctions Committee or the ISIL (Da’esh) and Al-Qaida Sanctions Committee, as applicable, approves the application.

Marginal note:Mistaken identity

• 11 (1) A person whose name is the same as or similar to the name of a person associated with the Taliban or to the name of a person associated with ISIL (Da’esh) or Al-Qaida and who claims not to be that person may apply to the Minister in writing for a certificate stating that they are not that person.

• Marginal note:Determination by Minister

  (2) Within 45 working days after receiving the application, the Minister must

  • (a) issue the certificate, if it is established that the applicant is not the person associated with the Taliban or the person associated with ISIL (Da’esh) or Al-Qaida, as the case may be; or

  • (b) provide notice to the applicant of his or her determination, if it is not so established.

Personal Information

Marginal note:Communication by Minister

• 12 (1) The Minister may, for the purpose of enforcing these Regulations or fulfilling any obligation under a resolution of the Security Council with respect to the Taliban, ISIL (Da’esh) or Al-Qaida or to respond to a request from the Security Council or any of its subsidiary organs, disclose any personal information to an official or the Security Council or any of its subsidiary organs.

• Marginal note:Receipt of information

  (2) An official may receive any personal information disclosed to them under subsection (1).

• Marginal note:Communication by official

  (3) An official may, for the purpose of enforcing these Regulations or fulfilling any obligation under a resolution of the Security Council with respect to the Taliban, ISIL (Da’esh) or Al-Qaida or to respond to a request from the Security Council or any of its subsidiary organs, disclose any personal information to the Minister.