Regulations Implementing the United Nations Resolutions and Imposing Special Economic Measures on Libya

Regulations Implementing the United Nations Resolutions and Imposing Special Economic Measures on Libya Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1970 (2011) on February 26, 2011; Whereas that resolution calls for the taking of economic measures against Libya; 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; And whereas the Governor in Council is of the opinion that the situation in Libya constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis; Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, hereby makes the annexed Regulations Implementing the United Nations Resolution on Libya and Taking Special Economic Measures pursuant to subsections 4(1) to (3) of the Special Economic Measures Acta; and section 2 of the United Nations Actb. S.C. 1992, c. 17 R.S., c. U-2 Definitions The following definitions apply in these Regulations. Libya means the Libyan state 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. (Libye) Minister means the Minister of Foreign Affairs. (ministre) official means an individual 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) working day means a day that is not Saturday or a holiday. (jour ouvrable) The following definitions apply in this Part. armed mercenary means any person who is specially recruited to use arms and related material in Libya; uses arms and related material in Libya and is motivated essentially by the desire for private gain; is not a member of the Libyan Armed Forces; and has not been sent to Libya 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 vehicle, military equipment or paramilitary equipment, and their spare parts. (armes et matériel connexe) Committee of the Security Council means the Committee of the Security Council established under paragraph 24 of Security Council Resolution 1970. (Comité du Conseil de sécurité) designated person means a person that is designated by the Security Council under paragraph 17 of Security Council Resolution 1970 or by the Committee of the Security Council under paragraph 24(c) of that resolution or whose name appears in Annex II to that resolution or in Annex II to Security Council Resolution 1973. (personne désignée) designated vessel means a vessel that is designated by the Committee of the Security Council or by the Security Council under paragraph 11 of Security Council Resolution 2146. (bâtiment désigné) 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 in Libya. (activités militaires) Security Council means the Security Council of the United Nations. (Conseil de sécurité) Security Council Resolution 1970 means Resolution 1970 (2011) of February 26, 2011, adopted by the Security Council. (résolution 1970 du Conseil de sécurité) Security Council Resolution 1973 means Resolution 1973 (2011) of March 17, 2011, adopted by the Security Council. (résolution 1973 du Conseil de sécurité) Security Council Resolution 2146 means Resolution 2146 (2014) of March 19, 2014, adopted by the Security Council. (résolution 2146 du Conseil de sécurité) 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) Canadian, entity, person and property In this Part, the definitions Canadian, entity, person and property have the same meaning as in section 2 of the Special Economic Measures Act. 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, 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 any financial or related services in respect of a dealing referred to in paragraph (a); 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 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). Exception — humanitarian assistance Section 3 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 Libya 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 individual or entity authorized for that purpose by a United Nations committee established by the Security Council acting within its mandate. Exception With respect to the property of the following designated persons, paragraphs 3(a) to (c) apply only if that property was affected by the application of those paragraphs on September 16, 2011: the Libyan Investment Authority; and the Libyan Africa Investment Portfolio. Non-application of paragraphs 3(d) and (e) Paragraphs 3(d) and (e) do not apply to the designated persons set out in subsection (1). Arms and related material — exporting It is prohibited for any person in Canada or any Canadian outside Canada to knowingly export, sell, supply or transfer, directly or indirectly, arms and related material, wherever situated, destined for Libya or for any person in Libya. Arms and related material — importing It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire arms and related material, wherever situated, from Libya or from any person in Libya. Arms and related material — technical assistance It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide technical assistance related to the sale, supply, transfer, manufacture, maintenance or use of arms and related material to Libya, to any person in Libya or to any person acting on behalf of Libya. Arms and related material — property and financial services It is prohibited for any person in Canada or any Canadian outside Canada to knowingly make available any property or provide any financial or related services to Libya, to any person in Libya or to any person acting on behalf of Libya if the property or services are related to the sale, supply, transfer, manufacture, maintenance or use of any arms and related material. Military activities — technical assistance It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide technical assistance related to military activities in Libya to Libya or to any person in Libya . Military activities — property and financial services It is prohibited for any person in Canada or any Canadian outside Canada to knowingly make available any property or provide any financial or related services that are related to military activities in Libya to Libya or to any person in Libya. Armed mercenaries It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide armed mercenaries to Libya or to any person in Libya. Petroleum It is prohibited for any person in Canada or any Canadian outside Canada to knowingly deal in Libyan petroleum, including crude oil and refined petroleum products, that is transported on board a designated vessel, or make available any property or provide any financial or related services in respect of any such dealing. Canadian vessel or aircraft It is prohibited for any 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, wherever situated, destined for Libya or any person in Libya. Carriage from Libya It is prohibited for any 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 from Libya. Servicing of designated vessel It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide bunkering services or other services related to the operation or the maintenance of designated vessels, including stevedoring and lighterage, unless it is necessary to do so for the safeguarding of human life. Subsection (1) does not apply to services that are necessary for the return of a designated vessel to Libya if the person who provides the services notifies the Minister within 48 hours after doing so. Exception — non-lethal military equipment Section 5, subsection 6(1) and section 8 do not apply to non-lethal military equipment that is intended solely for humanitarian or protective use. Exception — protective clothing Subsections 5(1) and (2) and section 8 do not apply to protective clothing, including flak jackets and military helmets, that is temporarily exported to Libya by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel solely for their personal use. Exception — equipment intended for Government of Libya Sections 5, 6 and 8 do not apply to non-lethal military equipment that is intended solely for security or disarmament assistance to the Government of Libya. Exception — small arms and light weapons Subsection 5(1) and section 8 do not apply to small arms and light weapons that are temporarily exported to Libya by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel solely for their personal use, if the Committee of the Security Council has been notified in advance and does not oppose them. Exemption A person that wishes to engage in any activity that is prohibited under this Part may, before doing so, apply to the Minister in writing for a certificate to exempt the activity from the application of these 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. Exemption for property 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. If it is established in accordance with Security Council Resolution 1970 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: within 15 working days after receiving the application, in the case of property that is necessary for basic expenses, if the Security Council does not oppose the application; within 30 working days after receiving the application, in the case of property that is necessary for extraordinary expenses, if the Security Council approves 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 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. 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 Security Council of the intention to issue the certificate, if it is established that the contract was entered into or the transfer 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 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 if it is established that the applicant is not the designated person, issue the certificate; or if it is not so established, provide notice to the applicant of his or her determination. Disclosure by official An official may, for the purpose of responding to a request from the Security Council, disclose personal information to the Minister. Disclosure by Minister 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. [Repealed, SOR/2018-101, s. 2] Prohibition — legal proceedings No legal proceedings lie in Canada at the instance of the Government of Libya, of any person in Libya, of a designated person, of a person listed under Part 2 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. Listed person A person whose name is listed under this Part is a person in respect of whom the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe is a person engaged in activities that directly or indirectly facilitate, support, provide funding for or contribute to a violation or attempted violation of the security, stability or territorial integrity of Libya; an associate or family member of a person referred to in paragraph (a); an entity owned, held or controlled, directly or indirectly, by a person referred to in paragraph (a) or by a person acting on behalf of or at the direction of a person referred to in paragraph (a); or a senior official of an entity referred to in paragraph (c). Prohibited dealings and activities It is prohibited for any person in Canada or any Canadian outside Canada to deal in any property, wherever situated, that is owned, held or controlled by a listed person or by a person acting on behalf of a listed person; make available any goods, wherever situated, to a listed person or to a person acting on behalf of a listed person; or provide any financial or related services to or for the benefit of a listed person. Application to remove name from list A listed person may apply to the Minister in writing to have their name removed from the list established under this Part. Reasonable grounds On receipt of an application, the Minister must decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant’s name be removed from the list. New application If there has been a material change in circumstances since their last application under section 19 was submitted, a listed person may submit another application. A person whose name is the same as or similar to the name of a listed 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 listed person. Within 30 days after receiving the application, the Minister must, if it is established that the applicant is not the listed person, issue the certificate; or Assisting 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 sections 3, 5 to 9 and 18. 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 or 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 activities 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 to which the Trust and Loan Companies Act applies; trust companies regulated by a provincial Act; loan companies regulated by a provincial Act; 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 entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services. Every entity referred to in subsection (1) must also 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 listed person. Duty to disclose — RCMP or CSIS Every person in Canada, every Canadian outside Canada and every entity referred to in subsection 23(1) 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; 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 listed person; and any information about a transaction or proposed transaction in respect of property referred to in paragraph (a) or (b). Immunity No proceedings under the United Nations Act or the Special Economic Measures Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1). For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette. For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.