Vol. 141, No. 11 — May 30, 2007

Registration
SOR/2007-105 May 17, 2007

UNITED NATIONS ACT

Regulations Amending the Regulations Implementing the United Nations Resolution on Iran

P.C. 2007-826 May 17, 2007

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1747 (2007) on March 24, 2007;

And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in that Resolution 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 Regulations Amending the Regulations Implementing the United Nations Resolution on Iran.

REGULATIONS AMENDING THE REGULATIONS IMPLEMENTING
THE UNITED NATIONS RESOLUTION ON IRAN

AMENDMENTS

1. The title of the Regulations Implementing the United Nations Resolution on Iran (see footnote 1) is replaced by the following:

REGULATIONS IMPLEMENTING THE UNITED
NATIONS RESOLUTIONS ON IRAN

2. (1) The definition "Security Council Resolution" in section 1 of the Regulations is repealed.

(2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

"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)

"Security Council Resolution 1737" means Resolution 1737 (2006) of December 23, 2006 adopted by the Security Council of the United Nations. (résolution 1737 du Conseil de sécurité)

"Security Council Resolution 1747" means Resolution 1747 (2007) of March 24, 2007 adopted by the Security Council of the United Nations. (résolution 1747 du Conseil de sécurité)

"Security Council Resolutions" means Security Council Resolution 1737 and Security Council Resolution 1747. (résolutions du Conseil de sécurité)

3. Sections 7 and 8 of the Regulations are replaced by the following:

7. No person in Canada and no Canadian outside Canada shall knowingly procure arms and related material or any of the items that appear in Security Council of the United Nations document S/2006/814 or S/2006/815, wherever situated, from any person in Iran or any other person acting on behalf of, at the direction of, or for the benefit of, Iran.

8. 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 or any of the items that appear in Security Council of the United Nations document S/2006/814 or S/2006/815, wherever situated, destined for any person in Canada and procured from any person in Iran or any other person acting on behalf of, at the direction of, or for the benefit of, Iran.

4. The Regulations are amended by replacing the expression "the Security Council Resolution" with the expression "Security Council Resolution 1737" wherever it occurs in the following provisions:

(a) the definition "Committee of the Security Council" in section 1;

(b) paragraphs (a), (b) and (c) of the definition "designated person" in section 1;

(c) paragraph 3(d);

(d) sections 13 and 14.

5. The Regulations are amended by replacing the expression "Security Council Resolution" with the expression "Security Council Resolutions" wherever it occurs in the following provisions, with any grammatical modifications that the circumstances require:

(a) the portion of subsection 17(2) before paragraph (a);

(b) subsection 18(2); and

(c) paragraphs 21(a) and (b).

APPLICATION PRIOR TO PUBLICATION

6. 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

7. 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

On March 24, 2007, the Security Council, acting under Chapter VII of the Charter of the United Nations, adopted Resolution 1747 (2007) in response to the proliferation risks presented by the Iranian nuclear program in light of Iran's continuing failure to meet the requirements of the International Atomic Energy Agency Board of Governors and to comply with the provisions of Security Council resolutions 1696 (2006) and 1737 (2006), which required Iran to suspend all uranium enrichment-related and reprocessing activities.

The Security Council decided that all states shall impose an embargo on the import from Iran of arms and related material. The Security Council also designated additional individuals and entities subject to the assets freeze and the travel notifications already imposed by Resolution 1737 (2006).

As a member of the United Nations, Canada is legally obliged, pursuant to the Charter of the United Nations, to implement the decisions of the Security Council in domestic law. The embargo on imports is implemented by the Regulations Amending the Regulations Implementing the United Nations Resolution on Iran, made under section 2 of the United Nations Act. The application of the assets freeze and travel notifications to the additional designated individuals and entities was already captured by the Regulations Implementing the United Nations Resolution on Iran (SOR/2007-44).

These Regulations came into force upon their registration, and were tabled forthwith before Parliament as is required under the United Nations Act.

Resolution 1747 (2007) and information concerning the work of the United Nations Security Council 1737 Sanctions Committee, including listings, are available at: http://www.un.org/Docs/sc/committees/INTRO.htm.

Alternatives

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

Benefits and costs

These Regulations are necessary in order for Canada to fulfill its international legal obligations arising from Resolution 1747 (2007) of the United Nations Security Council. Implementation of this resolution by UN member states will help prevent Iran from acquiring or developing nuclear weapons and contribute to international peace and security.

Impacts on international competitiveness should be limited insofar as the sanctions must be implemented by all UN member states. These additional sanctions are limited and targeted to arms and related material.

Consultation

Foreign Affairs and International Trade Canada developed these Regulations together with the Department of Justice, the Canada Border Services Agency, the Department of Finance, the Canadian Nuclear Safety Commission and the Royal Canadian Mounted Police.

Compliance and enforcement

Compliance is ensured by the Royal Canadian Mounted Police and the Canada Border Services Agency. Any 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

Marc-Antoine Dumas
Legal Officer
United Nations, Human Rights and Economic Law Division (JLH)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-995-1108
Fax: 613-992-2467
Email: marc-antoine.dumas@international.gc.ca

John F.G. Hannaford
Director
United Nations, Human Rights and Economic Law Division (JLH)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-992-6296
Fax: 613-992-2467
Email: John.Hannaford@international.gc.ca

Footnote 1

SOR/2007-44

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