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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 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

  •  (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

  •  (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

  •  (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

  •  (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.

 
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