Regulations Implementing the United Nations Resolutions on South Sudan

Regulations Implementing the United Nations Resolutions on South Sudan Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 2206 (2015) on March 3, 2015; 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, His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 2 of the United Nations Acta, makes the annexed Regulations Implementing the United Nations Resolution on South Sudan. R.S., c. U-2 Definitions The following definitions apply in these Regulations. armed mercenary means any person who is specially recruited to use arms and related material in South Sudan or uses arms and related material in South Sudan; is motivated essentially by the desire for private gain; is not a member of the armed forces of South Sudan; and is not sent to South Sudan by a state on official duty as a member of that state’s armed forces. (mercenaire armé) 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 means a citizen within the meaning 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 means the Committee of the Security Council of the United Nations established under paragraph 16 of Resolution 2206 (2015) of March 3, 2015, adopted by the Security Council. (Comité du Conseil de sécurité) designated person means a person that is designated by the Committee of the Security Council under paragraph 6 of Resolution 2206 (2015) of March 3, 2015, adopted by the Security Council. (personne désignée) entity includes a corporation, trust, partnership, fund, unincorporated association or organization or a foreign state. (entité) Focal Point for De-listing[Repealed, SOR/2020-121, s. 2] military activities means any activities conducted by state armed forces, non-state armed forces or armed mercenaries and any activities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 an armed group. (activités militaires) Minister means the Minister of Foreign Affairs. (ministre) official means a person who is or was employed in the service of Her Majesty in right of Canada or of a province; occupies or occupied a position of responsibility in the service of Her Majesty in right of Canada or of a province; or is or was engaged by or on behalf of Her Majesty in right of Canada or of a province. (fonctionnaire) Panel of Experts[Repealed, SOR/2020-121, s. 2] person means an individual or entity. (personne) property[Repealed, SOR/2020-121, s. 2] Security Council means the Security Council of the United Nations. (Conseil de sécurité) Security Council Resolution 2206[Repealed, SOR/2020-121, s. 2] South Sudan means the Republic of South Sudan and includes any of its political subdivisions; its government and any of its departments or a government or department of its political subdivisions; and any of its agencies or any agency of its political subdivisions. (Soudan du Sud) 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) working day means a day that is not Saturday or a holiday. (jour ouvrable) Prohibited activities It is prohibited for any person in Canada or any Canadian outside Canada to knowingly deal in any property in Canada that is owned — or that is 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; enter into or facilitate any transaction related to a dealing referred to in paragraph (a); provide or acquire any financial or related services in respect of a dealing referred to in paragraph (a); make available any property to, or for the benefit of, a designated person, a person acting on behalf of or at the direction of a designated person or an entity that is owned — or that is held or controlled, directly or indirectly — by a designated person; or provide any financial or related services to, or for the benefit of, any person or entity referred to in paragraph (d) or acquire any such services from or for the benefit of any such person or entity. Exception — humanitarian assistance 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 South Sudan by the United Nations, including its programs, funds and other entities and bodies, as well as its specialized agencies and related organizations; international organizations; humanitarian organizations that have been granted observer status by the United Nations General Assembly and members of those humanitarian organizations; 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; any other person authorized for that purpose by a United Nations committee established by the Security Council acting within its mandate. Exception — interest Section 2 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 designated person referred to in that section became a designated person. However, that payment then becomes subject to section 2. Embargo — arms and related material export, sell, supply or transfer, directly or indirectly, arms and related material, wherever situated, to South Sudan or any person in South Sudan; or provide, directly or indirectly, technical assistance or financial assistance related to the sale, supply, transfer, manufacture, maintenance or use of arms and related material to South Sudan or to any person in South Sudan. Embargo — military activities It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide, directly or indirectly, to South Sudan or any person in South Sudan technical assistance or financial assistance related to military activities; or armed mercenaries. Embargo — transport It is prohibited for the owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, or any operator of an aircraft registered in Canada or any Canadian owner or master of a vessel or Canadian operator of an aircraft to knowingly carry, cause to be carried or permit to be carried, arms and related material that are destined for South Sudan or a person in South Sudan. Exception — non-lethal military equipment Sections 3 and 5 do not apply to non-lethal military equipment intended solely for humanitarian or protective use, if the Committee of the Security Council has been notified in advance of its intended use. Exception — protective clothing Sections 3 and 5 do not apply to protective clothing, including flak jackets and military helmets, that is temporarily exported to South Sudan by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, solely for their personal use. Exception — United Nations personnel Sections 3 and 5 do not apply if the arms and related materials are intended solely for use by or support of United Nations personnel including the United Nations Mission in the Republic of South Sudan (UNMISS) and the United Nations Interim Security Force for Abyei (UNISFA). Exception — various entities If the Committee of the Security Council has been notified in advance, sections 3 and 5 do not apply to an activity that is intended solely for the support of the forces of a state that is taking action, in accordance with international law, to protect or evacuate its nationals and the individuals for whom it has consular responsibility; or the African Union Regional Task Force intended for regional operations to counter the Lord’s Resistance Army. Advance approval Sections 3 and 5 do not apply to an activity that is intended solely to ensure the implementation of the terms of the Peace agreement, that is the 27 June 2018 Khartoum Declaration or to any other activity if the Committee of the Security Council has given advance approval. Assisting in 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 sections 2 to 5. 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: 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; cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act; foreign companies, as defined in subsection 2(1) of the Insurance Companies Act, in respect of their insurance business in Canada; companies, provincial companies and societies, as those terms are defined in subsection 2(1) of the Insurance Companies Act; 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; companies regulated by the Trust and Loan Companies Act; trust companies regulated by a provincial Act; loan companies regulated by a provincial Act; entities that engage in any activity described 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 entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services. Duty to disclose — RCMP or CSIS Every person in Canada, every Canadian outside Canada and every entity set out in section 9 must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service 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 any information about a transaction or proposed transaction in respect of property referred to in paragraph (a). Immunity 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). Exemption 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. Certificate The Minister must issue the certificate if the Security Council did not intend that the activity be prohibited or if the Security Council or the Committee of the Security Council has approved the activity in advance. Basic or extraordinary expenses 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 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. If it is established in accordance with Resolution 2206 (2015) of March 3, 2015, adopted by the Security Council, that the property is necessary for basic or extraordinary expenses or that it 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: within 15 working days after receiving the application, in the case of property necessary for basic expenses, if the Committee of the Security Council did not oppose the application; within 30 working days after receiving the application, in the case of property necessary for extraordinary expenses, if the Committee of the Security Council approved the application; and within 90 working 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 was created or issued before the person became a designated person, is not for the benefit of a designated person, and has been brought to the attention of the Committee of the Security Council by the Minister. Certificate — parties to contract 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 2 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. Certificate — time period The Minister must issue a certificate within 90 working days after receiving the application and at least 10 working days after advising the Committee of the Security Council of the intention to issue the certificate, if it is established that the contract was entered into or the transfer was carried out prior to any party becoming a designated person; and 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. Mistaken identity A person whose name is the same as or similar to the name of a designated person and that claims not to be that designated person may apply to the Minister in writing for a certificate stating that they are not that designated person. Determination by Minister Within 45 working days after receiving the application, the Minister must issue the certificate, if it is established that the applicant is not the designated person; or provide notice to the applicant of his or her determination, if it is not so established. Communication by Minister The Minister may, for the purpose of enforcing these Regulations or fulfilling any obligation under a resolution of the Security Council with respect to South Sudan 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. Receipt of information An official may receive any personal information disclosed to them under subsection (1). Communication by official An official may, for the purpose of enforcing these Regulations or fulfilling any obligation under a resolution of the Security Council with respect to South Sudan or to respond to a request from the Security Council or any of its subsidiary organs, disclose any personal information to the Minister. For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.