Vol. 138, No. 22 — November 3, 2004

Registration
SOR/2004-222 19 October, 2004

UNITED NATIONS ACT

United Nations Democratic Republic of the Congo Regulations

P.C. 2004-1177 19 October, 2004

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.

UNITED NATIONS DEMOCRATIC
REPUBLIC OF THE CONGO REGULATIONS

INTERPRETATION

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

"arms and related material" means any type of weapon and ammunition, 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)

"Committee of the Security Council" means the Committee of the Security Council of the United Nations established by Security Council Resolution 1533 (2004) of March 12, 2004. (Comité du Conseil de sécurité)

"Democratic Republic of the Congo" includes its political subdivisions. (République démocratique du Congo)

"MONUC" means the United Nations Organization Mission in the Democratic Republic of the Congo. (MONUC)

"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 1493 (2003) of July 28, 2003, Resolution 1533 (2004) of March 12, 2004 and Resolution 1552 (2004) of July 27, 2004, adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

"Special Representative" means the Special Representative of the Secretary-General of the United Nations for the Democratic Republic of the Congo. (représentant spécial)

"technical assistance" means any form of assistance, such as instruction, training, consulting services or technical advice or transferring know-how or technical data. (aide technique)

"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)

APPLICATION

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

PROHIBITIONS

3. Subject to sections 6 and 7, 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 the Democratic Republic of the Congo.

4. Subject to sections 6 and 7, no owner or master of a Canadian ship within the meaning of section 2 of the Canada Shipping Act, 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, wherever situated, destined for any person in the Democratic Republic of the Congo.

5. Subject to sections 6 and 7, no person in Canada and no Canadian outside Canada shall knowingly provide, directly or indirectly, to any person in the Democratic Republic of the Congo technical assistance related to military activities.

6. Sections 3 to 5 do not apply in respect of supplies of non-lethal military equipment intended solely for humanitarian or protective use, and the provision of related technical assistance, provided that the Secretary-General of the United Nations is notified in advance, through his Special Representative, of the equipment's intended use or of the projected provision of related technical assistance, as the case may be.

7. Sections 3 to 5 do not apply in respect of arms and related material and technical assistance for the MONUC, the Interim Emergency Multinational Force deployed in Bunia and the integrated Congolese army and police forces.

8. 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 to 5.

EXCEPTION

9. No person contravenes these Regulations by doing an act or thing prohibited by any of sections 3 to 5 and 8 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 such an 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

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

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The Governor General in Council made the United Nations Democratic Republic of the Congo Regulations in order to implement Canada's international obligations as set out in resolutions 1493 (2003), 1533 (2004) and 1552 (2004) adopted by the United Nations Security Council (UNSC).

On July 28, 2003, the UNSC adopted Resolution 1493 and, acting pursuant to Chapter VII of the Charter of the United Nations, decided that all States shall, for an initial period of 12 months (extended until July 31, 2005 by Resolution 1552 (2004)), prevent the supply of arms and technical assistance related to military activities, to all foreign and Congolese armed groups and militias operating in the territory of North and South Kivu and of Ituri, in the Democratic Republic of the Congo (DRC), and to groups not party to the Global and All-inclusive Agreement, which aimed at consolidating the peace process and led to a transitional government in the DRC.

Under Resolution 1533 (adopted March 12, 2004), the UNSC established a Sanctions Committee to oversee the arms embargo imposed by resolution 1493 (2003) and a Group of Experts to gather and analyze all relevant information relating to arms flows as well as networks operating in violation of the embargo.

The United Nations Democratic Republic of the Congo Regulations (Regulations), made under section 2 of the United Nations Act, seek to carry out this embargo under Canadian domestic law. As a member of the United Nations, Canada is legally obliged, pursuant to the UN Charter, to carry out this UNSC decision.

The Regulations prohibit the export or supply of arms and related technical assistance to anyone in the DRC by anyone in Canada or by any Canadian outside of Canada. They also prohibit the use of Canadian registered ships or aircraft for the same purposes. They also exempt from the prohibition supplies destined to the United Nations Mission to the DRC, the Interim Emergency Multinational Force deployed in the DRC and the integrated Congolese national army and police forces.

The Regulations also enable the Minister of Foreign Affairs to issue a certificate to a person who wishes to engage in an activity ordinarily prohibited under these Regulations. Such a certificate may only be issued if, in the opinion of the Minister, the Resolution did not intend that the activity be prohibited, or the activity has been approved by the Security Council.

Alternatives

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

Benefits and Costs

These Regulations will contribute to implementing Canada's international legal obligations arising from resolutions 1493 (2003), 1533 (2004) and 1552 (2004) of the United Nations Security Council.

Consultation

The Department of Justice and International Trade Canada were consulted.

Compliance and Enforcement

Compliance is ensured by the Royal Canadian Mounted Police and the Canada Border Services Agency. Every person who contravenes provisions of the Regulations is liable, upon conviction, to the punishments set out in section 3 of the United Nations Act.

Contacts

Louis-Martin Aumais
United Nations, Human Rights and Economic Law Division (JLH)
Foreign Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: (613) 944-1108
FAX: (613) 992-2467
E-mail: Louis-Martin.Aumais@international.gc.ca

Isabelle Roy
Deputy Director
West and Central Africa Division (GAF)
Foreign Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: (613) 944-6580
FAX: (613) 944-3566
E-mail: Isabelle.Roy@international.gc.ca

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