Contents
Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Security Council Resolution 1483 (2003) on May 22, 2003, Security Council Resolution 1511 (2003) on October 16, 2003, Security Council Resolution 1518 (2003) on November 24, 2003, and Security Council Resolution 1546 (2004) on June 8, 2004;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 Act, hereby makes the annexed United Nations Iraq Regulations.
Interpretation
1#
The definitions in this section apply in these Regulations.
Canadian means a citizen within the meaning of the Citizenship Act or a body corporate incorporated or continued by or under the laws of Canada or a province. (Canadien)
Committee means
(a)the Committee of the Security Council established by Resolution 661 (1990) of August 6, 1990 and modified by Resolution 1483 (2003) of May 22, 2003; or
(b)the Committee of the Security Council established by Resolution 1518 (2003) of November 24, 2003. (Comité)
Development Fund for Iraq means the fund identified by paragraph 12 of Resolution 1483 (2003) of May 22, 2003. (Fonds de développement pour l’Iraq)
individual or entity identified by the Committee means an individual or entity described in paragraph 23(b) of Resolution 1483 (2003) of May 22, 2003 that is identified by the Committee pursuant to paragraph 19 of that resolution. (individu ou entité recensé par le Comité)
person means an individual, a body corporate, a trust, a partnership, a fund, an unincorporated association or organization or a foreign state. (personne)
previous Government of Iraq means the Government of Iraq and the governments of its political subdivisions, including their state bodies, corporations and agencies, that existed prior to May 22, 2003. (Gouvernement iraquien précédent)
public entity identified by the Committee means an entity described in paragraph 23(a) of Resolution 1483 (2003) of May 22, 2003 that is identified by the Committee pursuant to paragraph 19 of that resolution. (entité publique recensée par le Comité)
Resolution means a resolution adopted by the Security Council. (résolution)
Security Council means the Security Council of the United Nations. (Conseil de sécurité)
working day means a day that is not a Saturday or a holiday. (jour ouvrable)
Application
Legal Proceedings
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(1)No legal proceeding — and no attachment, garnishment or execution — shall lie against
(a)any petroleum, petroleum product or natural gas originating in Iraq until the title or right to the petroleum, petroleum product or natural gas passes to an initial purchaser;
(b)the proceeds or obligations from the initial sale of any petroleum, petroleum product or natural gas originating in Iraq; or
(c)the Development Fund for Iraq, including its property wherever located.
(2)Subsection (1) does not apply in respect of the enforcement of a final judgement arising out of a contractual obligation entered into after June 28, 2004 by the Government of Iraq, a government of a political subdivision of Iraq or their state bodies, corporations or agencies.
(3)Subsection (1) does not apply if recourse to the proceeds or obligations referred to in paragraph (1)(b) is necessary to satisfy liability for damages assessed in connection with an ecological accident, including an oil spill, that occurs after May 22, 2003.
Prohibitions
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No person in Canada and no Canadian outside of Canada shall knowingly export, sell, supply or send to any person in Iraq arms and related material unless they are required by the Government of Iraq, or by a multinational force under unified command, to serve the purposes of Resolution 1546 of June 8, 2004.
5#
(a)deal directly or indirectly in any property in Canada that
(i)was owned on May 22, 2003, and continues to be owned, by the previous Government of Iraq or any public entity identified by the Committee, or
(ii)is owned or controlled by or held on behalf of any individual or entity identified by the Committee;
(b)enter into or facilitate, directly or indirectly, any financial transaction related to a dealing in property referred to in paragraph (a); or
(c)provide any financial services or any other services in respect of any property referred to in paragraph (a).
(2)Subsection (1) does not prohibit dealings in property that are undertaken by
(a)Her Majesty in right of Canada in compliance with Resolution 1483 (2003) of May 22, 2003, Resolution 1511 (2003) of October 16, 2003, or Resolution 1518 (2003) of November 24, 2003; or
(b)any person in compliance with subsection 7(3).
(3)For greater certainty, subsection (1) does not apply to the property of diplomatic missions and consular posts of Iraq in Canada.
5.1#
Section 5 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 Iraq 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.
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Disclosure and Transfer
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(2)The notice must contain the following information:
(a)the value, location and nature of the property;
(b)the name, address and telephone number of the person in possession or control;
(c)the date on which the person came into possession or control;
(d)if the property is described in subparagraph 5(1)(a)(i), the name of the owner;
(e)if the property is described in subparagraph 5(1)(a)(ii), the name of the individual or entity identified by the Committee that owns or controls the property or on whose behalf the property is held; and
(3)Unless notified by the Minister within 45 working days after sending the notice, the person must, at the end of that period, transfer without delay to the account of the Development Fund for Iraq at the Federal Reserve Bank of New York any cash, currency or securities, negotiable instruments or other financial instruments described in the notice that are not required to satisfy any decision or measure referred to in paragraph (2)(f).
(4)No proceedings under the United Nations Act and no civil proceedings lie against a person for a disclosure or transfer made in good faith under this section.
Applications
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(2)The Minister must issue the certificate if the Security Council did not intend that such an activity be prohibited or if the Security Council or the Committee has approved the activity in advance.
8.1#
(1)A person whose name is the same as or similar to the name of an individual or entity identified by the Committee and that claims not to be that individual or entity may apply to the Minister in writing for a certificate stating that they are not that individual or entity.
(2)Within 45 working days after receiving the application, the Minister must
(a)if it is established that the applicant is not the individual or entity identified by the Committee, issue the certificate; or
(b)if it is not so established, provide notice to the applicant of his or her determination.
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Claims
Repeal
Coming into Force
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.