Regulations Implementing the United Nations Resolutions on Somalia

Regulations Implementing the United Nations Resolutions on Somalia Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 733 (1992) on January 23, 1992, Resolution 751 (1992) on April 24, 1992, Resolution 1356 (2001) on June 19, 2001, Resolution 1425 (2002) on July 22, 2002, Resolution 1725 (2006) on December 6, 2006, Resolution 1744 (2007) on February 20, 2007, Resolution 1772 (2007) on August 20, 2007 and Resolution 1844 (2008) on November 20, 2008; And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in those resolutions 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 Acta, hereby makes the annexed Regulations Implementing the United Nations Resolutions on Somalia. R.S., c. U-2 The following definitions apply in these Regulations. AMISOM means the African Union Mission in Somalia. (AMISOM) 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 11 of Resolution 751 (1992) of April 24, 1992, adopted by the Security Council. (Comité du Conseil de sécurité) designated person under paragraph 3 means a person that is designated by the Committee of the Security Council under paragraphs 3 and 11 of Security Council Resolution 1844. (personne désignée en vertu du paragraphe 3) designated person under paragraph 8 means a person that is designated by the Committee of the Security Council under paragraphs 8 and 11 of Security Council Resolution 1844. (personne désignée en vertu du paragraphe 8) entity includes a corporation, trust, partnership, fund, unincorporated association or organization or foreign state. (entité) 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) paragraph 3 designated person[Repealed, SOR/2020-120, s. 1] paragraph 8 designated person[Repealed, SOR/2020-120, s. 1] person means an individual or an entity. (personne) property[Repealed, SOR/2020-120, s. 1] Security Council means the Security Council of the United Nations. (Conseil de sécurité) Security Council Resolution 733[Repealed, SOR/2020-120, s. 1] Security Council Resolution 751[Repealed, SOR/2020-120, s. 1] Security Council Resolution 1356[Repealed, SOR/2020-120, s. 1] Security Council Resolution 1425[Repealed, SOR/2020-120, s. 1] Security Council Resolution 1725[Repealed, SOR/2019-60, s. 17] Security Council Resolution 1744[Repealed, SOR/2020-120, s. 1] Security Council Resolution 1772[Repealed, SOR/2020-120, s. 1] Security Council Resolution 1844 means Resolution 1844 (2008) of November 20, 2008, adopted by the Security Council. (résolution 1844 du Conseil de sécurité) Security Council Resolution 2036[Repealed, SOR/2020-120, s. 1] Security Council Resolution 2111 means Resolution 2111 (2013) of July 24, 2013, adopted by the Security Council. (résolution 2111 du Conseil de sécurité) Security Council Resolutions[Repealed, SOR/2020-120, s. 1] Somalia means the Federal Republic of Somalia and includes its political subdivisions; its government and departments and a government or department of its political subdivisions; and its agencies or any agency of its political subdivisions. (Somalie) 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[Repealed, SOR/2020-120, s. 1] 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, 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: a designated person under paragraph 3, or a designated person under paragraph 8; 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 under paragraph 3; or make available any property, other than property referred to in subsection 3(2), to or for the benefit of a designated person under paragraph 8 or by a person acting on behalf of or at the direction of a designated person under paragraph 8; provide any financial or related services to or for the benefit of any person or any entity referred to in paragraph (d) or (e) or acquire any such services from or for the benefit of any such person or entity. Payments Subsection (1) does not prohibit the payment of interest or other earnings to a designated person under paragraph 3 or a designated person under paragraph 8 if the payment is the result of a dealing or transaction that occurred before the person became a designated person under paragraph 3 or a designated person under paragraph 8; and the amount paid becomes subject to subsection (1). 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 Somalia 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. Embargo — arms and related material export, sell, supply or transfer, directly or indirectly, arms and related material, wherever situated, to Somalia or any person in Somalia; 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 Somalia or to any person in Somalia. Arms and related material — designated person under paragraph 8 export, sell, supply or transfer, directly or indirectly, arms and related material, wherever situated, to a designated person under paragraph 8; 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 a designated person under paragraph 8. Embargo — military activities It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide technical assistance or financial assistance related to military activities, directly or indirectly, to Somalia or any person in Somalia or to a designated person under paragraph 8. [Repealed, SOR/2020-120, s. 2] 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 Somalia or any person in Somalia; or any designated person under paragraph 8. Import prohibited It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, directly or indirectly, charcoal, wherever situated, from Somalia or from any person in Somalia. Exception — non-lethal military equipment Subsection 3(1) and paragraph 5(a) 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 five working days in advance of its intended use. Exception — protective clothing Subsection 3(1) and paragraph 5(a) do not apply to protective clothing, including flak jackets and military helmets, that is temporarily exported to Somalia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, solely for their personal use. Exception — various entities Subsection 3(1) and paragraph 5(a) do not apply to an activity that is intended solely for the support of AMISOM; the strategic partners of AMISOM operating solely in the context of activities referred to in Security Council Resolution 2111; United Nations personnel, including personnel of the United Nations Assistance Mission in Somalia (UNSOM); or the European Union Training Mission in Somalia (EUTM). Exception — Somalia Subsection 3(1) and paragraph 5(a) do not apply to arms and related material that are intended for use by Somalia unless those items are set out in the annex to Security Council Resolution 2111, in which case the activity must be approved in advance by the Committee of the Security Council. Exception — security sector Subsection 3(1) and paragraph 5(a) do not apply to an activity that is intended solely to develop Somalia’s security sector, if the Committee of the Security Council has been notified five working days in advance of the activity and does not object. Exception — suppression of piracy Subsection 3(1) and paragraph 5(a) do not apply to an activity that is intended solely to support a Member State of the United Nations or an international, regional or sub-regional organization in undertaking measures to suppress piracy and armed robbery at sea off the coast of Somalia, if the activity is in accordance with Security Council Resolution 2111. Exception — Canadian vessels Subsection 3(1) does not apply to arms and related material that are carried for defensive purposes on a Canadian vessel as defined in section 2 of the Canada Shipping Act, 2001. 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 6. 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 under paragraph 3 or a designated person under paragraph 8: 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 12 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 under paragraph 3 or a designated person under paragraph 8; 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 Security Council Resolution 1844 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 under paragraph 3 or a designated person under paragraph 8, is not for the benefit of a person referred to in subparagraph (i), and has been brought to the attention of the Committee of the Security Council by the Minister. Mistaken identity A person whose name is the same as or similar to the name of a designated person under paragraph 3 or a designated person under paragraph 8 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 under paragraph 3 or that designated person under paragraph 8. 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 under paragraph 3 or the designated person under paragraph 8; 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 Somalia 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 Somalia 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.