Contents
Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1493 (2003) on July 28, 2003, Resolution 1533 (2004) on March 12, 2004 and Resolution 1552 (2004) on July 27, 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 Democratic Republic of the Congo Regulations.
Interpretation
1#
The following definitions apply in these Regulations.
African Union-led Regional Task Force means the force mentioned in paragraph 3(a) of Resolution 2293 (2016) of June 23, 2016, adopted by the Security Council. (Force régionale d’intervention de l’Union africaine)
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 8 of Resolution 1533 (2004) of March 12, 2004, adopted by the Security Council. (Comité du Conseil de sécurité)
Democratic Republic of the Congo includes
(a)its political subdivisions;
(b)its government and departments and the government and departments of its political subdivisions; and
(c)its agencies or any agency of its political subdivisions. (République démocratique du Congo)
designated person means a person that is designated by the Committee of the Security Council. (personne désignée)
entity includes a corporation, trust, partnership, fund, unincorporated association or organization or a foreign state. (entité)
military activities means any activities conducted by state armed forces or non-state armed actors and any activities that support their operational capabilities. (activités militaires)
MONUC [Repealed, SOR/2020-117, s. 2]
MONUSCO means the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo. (MONUSCO)
(a)is or was employed in the service of Her Majesty in right of Canada or of a province;
(b)occupies or occupied a position of responsibility in the service of Her Majesty in right of Canada or of a province; or
(c)is or was engaged by or on behalf of Her Majesty in right of Canada or of a province. (fonctionnaire)
property [Repealed, SOR/2020-117, s. 2]
Security Council means the Security Council of the United Nations. (Conseil de sécurité))
Security Council Resolutions [Repealed, SOR/2020-117, s. 2]
Special Representative [Repealed, SOR/2020-117, s. 2]
technical assistance means any form of assistance, such as providing instruction, training, consulting services or technical advice, transferring know-how or technical data and includes financing and providing financial assistance. (aide technique)
technical data [Repealed, SOR/2020-117, s. 2]
working day means a day that is not Saturday or a holiday. (jour ouvrable)
Prohibitions
2Prohibited activities#
(a)deal in any property in Canada that is owned — or that is held or controlled, directly or indirectly — by a designated person;
(b)enter into or facilitate any transaction related to a dealing referred to in paragraph (a);
(c)provide or acquire any financial or related services in respect of a dealing referred to in paragraph (a);
(d)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, held or controlled, directly or indirectly, by a designated person; or
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2.1Exception — 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 the Democratic Republic of the Congo 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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3Embargo — arms and related material#
It is prohibited for any person in Canada or any Canadian outside Canada to knowingly sell, supply or transfer, directly or indirectly, arms and related material, wherever situated, to any person in the Democratic Republic of the Congo.note
4Embargo — military activities#
It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide, directly or indirectly, to any person in the Democratic Republic of the Congo, technical assistance related to military activities.note
5Embargo — transport#
It is prohibited for any 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 any Canadian operator of an aircraft to knowingly carry or cause or permit to be carried arms and related material that are destined for a person in the Democratic Republic of the Congo.note
6Exception — non-lethal military equipment#
(1)Sections 3 and 5 do not apply to non-lethal military equipment that is intended solely for humanitarian or protective use or to related technical assistance.
(2)Sections 3 and 5 do not apply to protective clothing, including flak jackets and military helmets, that is temporarily exported to the Democratic Republic of the Congo by United Nations personnel, representatives of the media, humanitarian and development workers and associated personnel solely for their personal use.
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7Exception — various entities#
Sections 3 to 5 do not apply to an activity that is intended solely for the support of
(a)MONUSCO; or
note
9Exception — advance approval#
Sections 3 to 5 do not apply to an activity that has been approved in advance by the Committee of the Security Council.note
Obligations
11Duty 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:
(a)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;
(b)cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;
(c)foreign companies, as defined in subsection 2(1) of the Insurance Companies Act, in respect of their insurance business in Canada;
(d)companies, provincial companies and societies, as those terms are defined in subsection 2(1) of the Insurance Companies Act;
(e)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;
(f)companies regulated by the Trust and Loan Companies Act;
(g)trust companies regulated by a provincial Act;
(h)loan companies regulated by a provincial Act;
(i)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
(j)entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services.
note
12Duty to disclose — RCMP or CSIS#
(1)Every person in Canada, every Canadian outside Canada and every entity set out in section 11 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 a designated person; and
(b)any information about a transaction or proposed transaction in respect of property referred to in paragraph (a).
(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).
note
Applications
13Exemption#
(2)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.
note
14Basic 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 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.
(2)If it is established in accordance with Resolution 1807 (2008) of March 31, 2008, adopted by the Security Council, or any related resolution adopted subsequently, 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:
(a)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;
(b)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
(c)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
(i)was created or issued before the person became a designated person,
(ii)is not for the benefit of a designated person, and
(iii)has been brought to the attention of the Committee of the Security Council by the Minister.
note
15Certificate — parties to contract#
(1)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.
(2)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
(a)the contract was entered into or the transfer was carried out prior to any party becoming a designated person; and
(b)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.
note
16Mistaken identity#
(1)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.
(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 designated person; or
(b)provide notice to the applicant of his or her determination, if it is not so established.
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Personal Information
17Communication 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 Democratic Republic of the Congo 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.
(2)An official may receive any personal information disclosed to them under subsection (1).
(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 Democratic Republic of the Congo or to respond to a request from the Security Council or any of its subsidiary organs, disclose any personal information to the Minister.
note
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.