ARCHIVED — Regulations Amending the United Nations Liberia Regulations and the Regulations Implementing the United Nations Resolution on Lebanon

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Vol. 143, No. 4 — February 18, 2009

Registration

SOR/2009-23 January 29, 2009

UNITED NATIONS ACT

P.C. 2009-128 January 29, 2009

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1521 (2003) on December 22, 2003, Resolution 1532 (2004) on March 12, 2004, Resolution 1683 (2006) on June 13, 2006, Resolution 1689 (2006) on June 20, 2006, Resolution 1701 (2006) on August 11, 2006, Resolution 1731 (2006) on December 20, 2006 and Resolution 1753 (2007) on April 27, 2007;

And whereas it appears to the Governor in Council to be necessary to make regulations 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 Regulations Amending the United Nations Liberia Regulations and the Regulations Implementing the United Nations Resolution on Lebanon.

REGULATIONS AMENDING THE UNITED NATIONS LIBERIA REGULATIONS AND THE REGULATIONS IMPLEMENTING THE UNITED NATIONS RESOLUTION ON LEBANON

UNITED NATIONS LIBERIA REGULATIONS

1. The title of the English version of the United Nations Liberia Regulations (see footnote 1) is replaced by the following:

REGULATIONS IMPLEMENTING THE UNITED NATIONS RESOLUTIONS ON LIBERIA

2. (1) The definitions “Canadian ship” and “Charles Taylor or his associates” in section 1 of the Regulations are repealed.

(2) The definition “Security Council Resolutions” in section 1 of the Regulations is replaced by the following:

“Security Council Resolutions” means Resolution 1521 (2003) of December 22, 2003, Resolution 1532 (2004) of March 12, 2004, Resolution 1683 (2006) of June 13, 2006, Resolution 1689 (2006) of June 20, 2006, Resolution 1731 (2006) of December 20, 2006 and Resolution 1753 (2007) of April 27, 2007, adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

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

“designated person” means any person designated by the Committee of the Security Council under paragraphs 1 and 4 of Resolution 1532 (2004) of March 12, 2004, adopted by the Security Council of the United Nations. (personne désignée)

“Minister” means the Minister of Foreign Affairs. (ministre)

3. Sections 3 to 9 of the Regulations are replaced by the following:

3. Subject to sections 13.4 to 13.7, 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 Liberia.

4. Subject to sections 13.4 to 13.7, no owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, 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 Liberia or any person in Liberia.

5. Subject to sections 13.4 to 13.7, no person in Canada and no Canadian outside Canada shall knowingly provide to any person in Liberia technical assistance related to the provision, manufacture, maintenance or use of arms and related material.

4. Section 10 of the Regulations is replaced by the following:

10. No person in Canada and no Canadian outside Canada shall knowingly

(a) deal, directly or indirectly, in any property in Canada that is owned or controlled directly or indirectly by a designated person or by an entity 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 in property referred to in paragraph (a);

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

(d) make any property available, directly or indirectly, to any person referred to in paragraph (a) or for their benefit.

5. Section 12 of the Regulations is replaced by the following:

12. 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 and 10.

DUTY TO DETERMINE

13. Each of the following entities must determine on a continuing basis whether it is in possession or control of property owned or controlled directly or indirectly by a designated person or by an entity 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 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 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) entities authorized under provincial legislation to engage in the business of dealing in securities, or to provide portfolio management or investment counselling services.

DISCLOSURE

13.1 (1) Every person in Canada and every Canadian outside Canada shall disclose without delay to the Commissioner of the Royal Canadian Mounted Police and 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 or controlled, directly or indirectly, by a designated person or by an entity owned or controlled, directly or indirectly, by a designated person; and

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

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

PETITION TO NO LONGER BE A DESIGNATED PERSON

13.2 (1) Any Canadian or person in Canada who is a designated person may petition the Minister in writing to no longer be a designated person.

(2) The Minister shall notify the petitioner, within 90 days after receiving the petition, of his or her decision on whether to submit the petition to the Committee of the Security Council.

(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

13.3 (1) A person claiming not to be a designated person may apply to the Minister for a certificate stating that they are not the person who has been designated by the Committee of the Security Council.

(2) If it is established that the applicant is not a designated person, the Minister shall issue a certificate to the applicant within 15 days after receiving the application.

13.4 Sections 3 to 5 do not apply in respect of arms and related material or technical assistance that is intended solely for the United Nations Mission in Liberia.

13.5 Sections 3 to 5 do not apply in respect of protective clothing, including flak jackets and military helmets, temporarily exported to Liberia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only.

13.6 (1) A person wishing to export, sell, supply or ship arms and related material or provide technical assistance related to the provision, manufacture, maintenance or use of arms and related material may apply to the Minister for a certificate to exempt from the application of sections 3 to 5 those arms and related material and that technical assistance that

(a) are intended solely for an international training and reform program for the Liberian armed forces and police;

(b) consist of supplies of non-lethal military equipment intended solely for humanitarian or protective use or related technical assistance; or

(c) consist of limited supplies of weapons and ammunition intended solely for use by members of the Government of Liberia police and security forces who have been vetted and trained since the inception of the United Nations Mission in Liberia in October 2003.

(2) The Minister may not issue a certificate referred to in subsection (1) unless the export, sale, supply or shipment of those arms and related material or the provision of that technical assistance has been approved in advance by the Committee of the Security Council in accordance with the Security Council Resolutions.

13.7 (1) A person wishing to export, sell, supply or ship non-lethal military equipment, excluding non-lethal weapons and ammunition, that are intended solely for members of the Government of Liberia police and security forces who have been vetted and trained since the inception of the United Nations Mission in Liberia may apply to the Minister for a certificate to exempt that equipment from the application of sections 3 to 5.

(2) A person wishing to provide technical assistance related to the provision, manufacture, maintenance or use of equipment referred to in subsection (1) that is intended solely for members of the Government of Liberia police and security forces who have been vetted and trained since the inception of the United Nations Mission in Liberia may apply to the Minister for a certificate to exempt that technical assistance from the application of sections 3 to 5.

(3) The Minister may not issue a certificate referred to in subsections (1) and (2) prior to having notified in advance the Committee of the Security Council of his or her intent to issue the certificate.

13.8 (1) A person whose property has been affected by the application of section 10 may apply to the Minister for a certificate to exempt property from the application of that section if the property is necessary for basic or extraordinary expenses of the designated person, or if it is the subject of a judicial, administrative or arbitral lien or judgment, a hypothec, prior claim, mortgage, charge or security interest.

(2) The Minister shall issue a certificate, if the necessity of that property for basic or extraordinary expenses is established in accordance with Resolution 1532 (2004) of March 12, 2004 of the Security Council of the United Nations, or if the property is the subject of a judicial, administrative or arbitral lien or judgment, a hypothec, prior claim, mortgage, charge or security interest

(a) in the case of property necessary for basic expenses, if the Committee of the Security Council did not refuse the release of the property, within 15 working days after receiving the application;

(b) in the case of property necessary for extraordinary expenses, if the Committee of the Security Council approved the release of the property, within 30 working days after receiving the application; and

(c) in the case of property that is the subject of a judicial, administrative or arbitral lien or judgment, a hypothec, prior claim, mortgage, charge or security interest, if the lien, judgment, hypothec, prior claim, mortgage, charge or security interest was entered before March 12, 2004, is not for the benefit of a designated person or an entity owned or controlled directly or indirectly by a designated person, and has been brought to the attention of the Committee of the Security Council by the Minister, within 90 days after receiving the application.

6. The heading before section 14 of the Regulations is repealed.

REGULATIONS IMPLEMENTING THE UNITED NATIONS RESOLUTION ON LEBANON

7. Section 4 of the Regulations Implementing the United Nations Resolution on Lebanon (see footnote 2) is replaced by the following:

4. No owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, 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 Lebanon.

8. Section 5 of the English version of the Regulations is repealed.

9. The Regulations are amended by adding the following after section 4:

5. No person in Canada and no Canadian outside Canada shall knowingly provide, directly or indirectly, to any person in Lebanon technical assistance related to the provision, manufacture, maintenance or use of arms and related material.

APPLICATION PRIOR TO PUBLICATION

10. For the purposes 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

11. 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.)

Issue and objectives

In 2006 and 2007, the United Nations Security Council (Security Council) adopted four resolutions to amend the economic measures imposed on the Republic of Liberia by Resolution 1521 (2003) and Resolution 1532 (2004), adopted by the Security Council on December 22, 2003, and March 12, 2004, respectively. Resolutions 1683 (2006), 1689 (2006), 1731 (2006) and 1753 (2007) provide for additional exceptions to the existing arms embargo and lift the bans on imports of rough diamonds and timber products from Liberia.

The Regulations Amending the United Nations Liberia Regulations and the Regulations Implementing the United Nations Resolution on Lebanon (Regulations) are necessary for Canada to fulfill its international legal obligation to implement the decisions of the Security Council in these four latest resolutions.

Description and rationale

Security Council resolutions 1521 (2003) and 1532 (2004) imposed an embargo on the sale or supply of arms and the provision of related technical assistance to Liberia, with certain exceptions, and prohibitions on the import of rough diamonds and round logs and timber products originating in Liberia. As a member of the United Nations, Canada is required, under Article 25 of the Charter of the United Nations, to apply such binding resolutions of the Security Council, in accordance with Article 41 of Chapter VII of the Charter of the United Nations. The United Nations Act constitutes the appropriate legislative authority to implement these decisions.

Canada has fully implemented its international obligations under these resolutions by making, pursuant to section 2 of the United Nations Act, the United Nations Liberia Regulations, which came into force on July 12, 2001 (P.C. 2001-1272, SOR/2001-261) and were amended on June 17, 2004 (P.C. 2004-748, SOR/2004-153).

In light of positive reforms in Liberia, the most recent Security Council resolutions amend the economic sanctions imposed against Liberia as follows:

  • Resolution 1683 (2006), adopted on June 13, 2006, includes an exception to the arms embargo, subject to the approval of the Committee of the Security Council established by Resolution 1521 (2003) (1521 Committee), whereby this measure does not apply to limited quantities of weapons and ammunition to be used by members of the police and security forces of the Government of Liberia.
  • Resolution 1689 (2006), adopted on June 20, 2006, lifts the ban on imports of round logs and timber products from Liberia.
  • Resolution 1731 (2006), adopted on December 20, 2006, contains further exceptions to the arms embargo, subject to notification of the 1521 Committee, namely supplies of non-lethal military equipment, excluding non-lethal weapons and ammunition, intended solely for use by members of Government of Liberia police and security forces.
  • Resolution 1753 (2007), adopted on April 27, 2007, lifts the ban on imports of rough diamonds from Liberia.

The Regulations implement these measures in domestic law. They are intended also to harmonize the United Nations Liberia Regulations with the related regulations made under the United Nations Act and to effect the adjustments required by the Standing Joint Committee for the Scrutiny of Regulations.

The Regulations also amend section 4 of the United Nations Liberia Regulations and of the Regulations Implementing the United Nations Resolution on Lebanon. This amendment was rendered necessary by the coming into force of the Order Repealing the Canada Shipping Act and Fixing July 1, 2007 as the Date of the Coming into Force of Certain Sections of the Canada Shipping Act (SI/2007-65 of June 27, 2007).

Lastly, the Regulations correct an administrative error in the Regulations Implementing the United Nations Resolution on Lebanon by adding section 5 to the French version, which was inadvertently deleted when the text was submitted to the Governor in Council, and by repealing and restoring section 5 in the English text. This correction serves to remove any doubt as to the validity of the section, in light of the constitutional requirements related to the enactment of statutory instruments.

Sanctions against Liberia have been in place since July 2001 and impacts of the Regulations on international competitiveness should be limited insofar as the sanctions must be implemented by all UN Member States and the most recent resolutions have the effect of lifting previous bans on imports and creating additional exemptions to the arms embargo.

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

Security Council resolutions 1683 (2006), 1689 (2006), 1731 (2006) and 1753 (2007) are available at: www.un.org/sc/ committees/1521/index.shtml.

Consultation

The Department of Foreign Affairs and International Trade drafted the Regulations in collaboration with the Department of Justice, the Canada Border Services Agency, the Department of Finance Canada, the Office of the Superintendent of Financial Institutions Canada, the Department of Natural Resources and the Royal Canadian Mounted Police.

Implementation, enforcement and service standards

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

Contacts

Karina Boutin
Legal Officer
United Nations, Human Rights and Economic Law Division
Department of Foreign Affairs and International Trade
125 Sussex Drive Ottawa, Ontario
K1A 0G2
Telephone: 613-995-1108
Fax: 613-992-2467
Email: Karina.Boutin@international.gc.ca

Sabine Nölke
Director
United Nations, Human Rights and Economic Law Division
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-992-6296
Fax: 613-992-2467
Email: Sabine.Nolke@international.gc.ca

Footnote 1
SOR/2001-261

Footnote 2
SOR/2007-204