Registration
SOR/98-400 28 July, 1998

UNITED NATIONS ACT

United Nations Sierra Leone Regulations

P.C. 1998-1346 28 July, 1998

His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to sections 2 and 3 of the United Nations Act, hereby makes the annexed United Nations Sierra Leone Regulations.

UNITED NATIONS SIERRA LEONE REGULATIONS

INTERPRETATION

1. The definitions in this section apply in these Regulations.

"aircraft" includes a helicopter. (aéronef)

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

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

"Canadian ship" has the same meaning as in section 2 of the Canada Shipping Act. (navire canadien)

"Committee of the Security Council" means the Committee of the Security Council of the United Nations established by Security Council Resolution 1132 (1997) of October 8, 1997. (Comité du Conseil de sécurité)

"person" means an individual, a body corporate, a trust, a partnership, a fund, an unincorporated association or organization or a foreign state. (personne)

"Security Council Resolutions" means Resolution 1132 (1997) of October 8, 1997, Resolution 1156 (1998) of March 16, 1998 and Resolution 1171 (1998) of June 5, 1998, adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

"Sierra Leone" means the Republic of Sierra Leone and includes its political subdivisions. (Sierra Leone)

APPLICATION

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

PROHIBITIONS

3. No person in Canada and no Canadian outside Canada shall knowingly export, sell, supply or ship arms and related material, wherever situated, to any person in Sierra Leone.

4. No owner or master of a Canadian ship and no operator of an aircraft registered in Canada shall knowingly carry, cause to be carried or permit to be carried arms and related material destined for any person in Sierra Leone.

5. No person in Canada and no Canadian outside Canada shall knowingly do anything that causes, assists or promotes, or is intended to cause, assist or promote, any act or thing prohibited by sections 3 and 4.

PUNISHMENTS

6. Subject to section 7, the punishment for the contravention of any of sections 3 to 5 is

(a) on summary conviction, a fine of two hundred dollars or imprisonment for a term of three months, or both; or

(b) on conviction on indictment, a fine of five thousand dollars or imprisonment for a term of five years, or both.

7. No person is subject to a punishment pursuant to section 6 for doing any act or thing that is prohibited by these Regulations if, before the person does that act or thing, the Minister of Foreign Affairs issues a certificate to the person stating that

(a) the Security Council Resolutions do not intend that the act or thing be prohibited; or

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

COMING INTO FORCE

8. These Regulations come into force on July 28, 1998.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

On October 8, 1997, the United Nations Security Council, acting pursuant to Chapter VII of the United Nations Charter, adopted Resolution 1132 which prohibits all sale and supply to any person in Sierra Leone of arms and related material as well as petroleum and petroleum products. The Resolution also required that all States prevent the sale and supply, by their nationals or from their territories or using their flag vessels or aircraft, of arms and related material, including weapons and ammunition, military vehicles, military equipment, paramilitary equipment and spare parts as well as petroleum and petroleum products, whether or not originating in their territory, to the territory of Sierra Leone.

The prohibition on the sale and supply of petroleum and petroleum products was lifted by the Security Council in Resolution 1156 (1998) of March 16, 1998. Resolution 1171 (1998) of June 5, 1998 maintained the prohibition on the sale and supply of arms and related material to all non-governmental forces in Sierra Leone. As a result, the prohibition remains in force, subject to the certificates issued pursuant to section 7 of the Regulations, stating that, in the opinion of the Minister of Foreign Affairs, the Security Council Resolutions do not intend a particular act or thing to be prohibited.

The Canadian Government approved the United Nations Sierra Leone Regulations in order to meet its international obligations as set out in the Security Council Resolutions.

Alternatives Considered

The United Nations Act is the appropriate legislative authority to implement these measures.

Benefits and Costs

It is not expected that these measures will affect negatively Canadian exports to Sierra Leone, as there are no recent shipments of the sanctioned goods.

Consultation

The Department of Justice was consulted.

Compliance and Enforcement

Compliance is ensured by the Royal Canadian Mounted Police and by Revenue Canada - Customs and Excise. Every person who contravenes provisions of the Regulations is liable, upon conviction, to the punishments set out in section 6 of the Regulations.

Contacts

James Bonthron
West Africa Division (OAF)
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: (613) 944-6584
FAX: (613) 944-3566

Roger Lucy
Export Control Division (EPE)
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: (613) 992-9167
FAX: (613) 996-9933

Jean-Philippe Tachdjian
Oceans, Environmental and Economic Law Division (JLO)
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: (613) 995-1108
FAX: (613) 992-6483

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).