Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

arms and related material

arms and related material means any type of weapon, ammunition, military vehicle or military or paramilitary equipment, and includes their spare parts. (armes et matériel connexe)

Canadian

Canadian means an individual who is a citizen within the meaning of the Citizenship Act or a corporation incorporated by or continued under the laws of Canada or a province. (Canadien)

Committee of the Security Council

Committee of the Security Council means the Committee of the Security Council of the United Nations established under paragraph 11 of Security Council Resolution 751 (1992) of April 24, 1992. (Comité du Conseil de sécurité)

designated person

designated person means a person that has been designated by the Committee of the Security Council under paragraph 15 of Security Council Resolution 1907. (personne désignée)

Eritrea

Eritrea means the State of Eritrea and includes its political subdivisions. (Érythrée)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

person

person means an individual, corporation, trust, partnership, fund, unincorporated association or organization or foreign state. (personne)

property

property means property of every description and documents relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods, and includes any funds, financial assets or economic resources. (bien)

Security Council Resolution 1907

Security Council Resolution 1907 means Resolution 1907 (2009) of December 23, 2009, adopted by the Security Council of the United Nations. (résolution 1907 du Conseil de sécurité)

technical assistance

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

technical data includes blueprints, technical drawings, photographic imagery, computer software, models, formulas, engineering designs and specifications, technical and operating manuals and any technical information. (données techniques)

working day

working day means a day that is not Saturday or a holiday. (jour ouvrable)

Application

Marginal note:Application

2 These Regulations are binding on Her Majesty in right of Canada or a province.

Prohibitions

Marginal note:Export to Eritrea — Canadians

3 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly

• (a) export, sell, supply, transfer or ship, directly or indirectly, arms and related material, wherever situated, to any person in Eritrea; or

• (b) provide or transfer, directly or indirectly, technical or financial assistance related to military activities or to the provision, manufacture, maintenance or use of arms and related material, wherever situated, to any person in Eritrea.

Marginal note:Export to Eritrea — vessel or aircraft

4 It is prohibited for the owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, or the operator of an aircraft registered in Canada to knowingly permit their vessel or aircraft to be used by any person in carrying out any of the activities referred to in paragraph 3(a) or (b).

Marginal note:Export to designated person — Canadians

5 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly

• (a) export, sell, supply, transfer or ship, directly or indirectly, arms and related material, wherever situated, to a designated person; or

• (b) provide or transfer, directly or indirectly, technical or financial assistance, including investment, brokering or other financial services, that is related to military activities or to the supply, sale, transfer, manufacture, maintenance or use of arms and related material, wherever situated, to a designated person.

Marginal note:Export to designated person — vessel or aircraft

6 It is prohibited for the owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, or the operator of an aircraft registered in Canada to knowingly permit their vessel or aircraft to be used by any person in carrying out any of the activities referred to in paragraph 5(a) or (b).

Marginal note:Import from Eritrea — Canadians

7 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, buy or procure, directly or indirectly, from any person in Eritrea or any citizen of Eritrea, any of the following items or forms of assistance, wherever situated or originating:

• (a) arms and related material; or

• (b) technical or financial assistance related to military activities or to the provision, manufacture, maintenance or use of arms and related material.

Marginal note:Import from Eritrea — vessel or aircraft

8 It is prohibited for the owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, or the operator of an aircraft registered in Canada to knowingly permit their vessel or aircraft to be used by any person to import, buy or procure from any person in Eritrea or any citizen of Eritrea any of the items or forms of assistance referred to in paragraph 7(a) or (b), wherever situated or originating.

Marginal note:Freezing of assets

9 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly

• (a) deal directly or indirectly in any property that is in Canada and that is owned or controlled, directly or indirectly, by a designated person;

• (b) enter into or facilitate, directly or indirectly, any financial transaction related to a dealing referred to in paragraph (a);

• (c) provide any financial or other related service in respect of the property referred to in paragraph (a); or

• (d) make any property or any financial or other related service available, directly or indirectly, to or for the benefit of a designated person.

Marginal note:Assisting prohibited act

10 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly do anything that causes, assists or promotes, or is intended to cause, assist or promote, any act or thing prohibited by any of sections 3 to 9.

Duty to Determine

Marginal note:Determination

11 Each of the following persons must determine on a continuing basis whether they are in possession or control of property that is owned or controlled, directly or indirectly, by a designated person:

• (a) authorized foreign banks, as defined in section 2 of the Bank Act, in respect of their business in Canada or banks to which that Act applies;

• (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations to which the Cooperative Credit Associations Act applies;

• (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 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 engaged in the business of insuring risks that are regulated by a provincial Act;

• (f) companies to which the Trust and Loan Companies Act applies;

• (g) trust companies regulated by a provincial Act;

• (h) loan companies regulated by a provincial Act; and

• (i) any person authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services.

Disclosure

Marginal note:Disclosure

• 12 (1) Every person in Canada and every Canadian outside Canada must disclose without delay to the Commissioner of the Royal Canadian Mounted Police

  • (a) the existence of property in their possession or control that they have reason to believe is owned or controlled by a designated person; and

  • (b) information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

• Marginal note:Immunity

  (2) No person contravenes subsection (1) by disclosing in good faith under that subsection.

Petition to Revoke Designation

Marginal note:Petition

• 13 (1) Any Canadian or person in Canada that is a designated person may petition the Minister in writing to have that designation revoked.

• Marginal note:Decision

  (2) The Minister must notify the petitioner, within 60 days after the day on which the petition is received, of his or her decision on whether to submit the petition to the Committee of the Security Council.

• Marginal note:Subsequent petition

  (3) If there has been a material change in circumstances since the last petition was submitted, a person may submit another petition under subsection (1).

Exceptions

Marginal note:Mistaken identity

• 14 (1) A person claiming not to be a designated person may apply to the Minister for a certificate stating that they are not such a person.

• Marginal note:Certificate — time frame

  (2) If it is established that the applicant is not a designated person, the Minister must issue a certificate to the applicant within 15 working days after the day on which the application is received.

Marginal note:Basic or extraordinary expenses

• 15 (1) A person whose property has been affected by the application of section 9 may apply to the Minister for a certificate to exempt property from the application of that section if the property is necessary for meeting basic or extraordinary expenses or if it is the subject of a judicial, administrative or arbitral lien or judgment or a hypothec, mortgage, charge, security interest or prior claim.

• Marginal note:Issuance of certificate

  (2) The Minister must issue a certificate if it is established, in accordance with Security Council Resolution 1907, that the property is necessary for meeting basic or extraordinary expenses or that the property is the subject of a judicial, administrative or arbitral lien or judgment or a hypothec, mortgage, charge, security interest or prior claim,

  • (a) in the case of property that is necessary for meeting basic expenses, within 15 working days after the day on which the application is received, if the Committee of the Security Council did not refuse the release of the property;

  • (b) in the case of property that is necessary for meeting extraordinary expenses, within 30 working days after the day on which the application is received, if the Committee of the Security Council has approved the release of the property; and

  • (c) in the case of property that is the subject of a judicial, administrative or arbitral lien or judgment or a hypothec, mortgage, charge, security interest or prior claim, within 90 working days after the day on which the application is received, if the lien, judgment, hypothec, mortgage, charge, security interest or prior claim was entered before December 23, 2009, is not for the benefit of a designated person and has been brought to the attention of the Committee of the Security Council or the Security Council of the United Nations by the Minister.

Marginal note:Exclusion certificate

16 No person contravenes these Regulations by doing an act or thing prohibited by any of sections 3 to 10 if, before the person does that act or thing, the Minister issues a certificate to the person stating that

• (a) Security Council Resolution 1907 does not intend that such an act or thing be prohibited; or

• (b) the act or thing has been approved by the Security Council of the United Nations.

Application Prior to Publication

Marginal note:Application

17 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.

Coming into Force

Marginal note:Registration

18 These Regulations come into force on the day on which they are registered.