ARCHIVED — Regulations Amending the Regulations Implementing the United Nations Resolutions on Iran

Warning This Web page has been archived on the Web.

Archived Content

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

Vol. 144, No. 14 — July 7, 2010

Registration

SOR/2010-154 June 17, 2010

UNITED NATIONS ACT

P.C. 2010-803 June 17, 2010

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1929 (2010) on June 9, 2010;

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 (see footnote a), hereby makes the annexed Regulations Amending the Regulations Implementing the United Nations Resolutions on Iran.

REGULATIONS AMENDING THE REGULATIONS IMPLEMENTING
THE UNITED NATIONS RESOLUTIONS ON IRAN

AMENDMENTS

1. (1) The definition “Security Council Resolutions” in section 1 of the Regulations Implementing the United Nations Resolutions on Iran (see footnote 1) is replaced by the following:

“Security Council Resolutions” means Security Council Resolution 1737, Security Council Resolution 1747, Security Council Resolution 1803 and Security Council Resolution 1929. (résolutions du Conseil de sécurité)

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

“Security Council Resolution 1929” means Resolution 1929 (2010) of June 9, 2010 adopted by the Security Council of the United Nations. (résolution 1929 du Conseil de sécurité)

2. (1) Paragraph 3(a) of the Regulations is replaced by the following:

(a) those that appear in sections 2 to 7 of Annex B of Information Circular INFCIRC254/Rev.9/Part 1, entitled “Communication Received from the Permanent Mission of Brazil Regarding Certain Member States’ Guidelines for the Export of Nuclear Material, Equipment and Technology”;

(2) Paragraph 3(c) of the Regulations is replaced by the following:

(c) those that appear in the Security Council of the United Nations document S/2010/263;

(3) Section 3 of the Regulations is amended by adding the following after paragraph (f):

(g) any battle tanks, armored combat vehicles, large caliber artillery systems, combat aircrafts, attack helicopters, warships, missiles or missile systems as defined for the purposes of the United Nations Register of Conventional Arms, or related material including spare parts or other items as determined by the Security Council or the Committee established pursuant to Security Council Resolution 1737; or

(h) any technology in respect of any activity related to ballistic missiles capable of delivering nuclear weapons, including launches using ballistic missile technology.

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 INFIRC/254/Rev.9/Part 1, INFCIRC/254/Rev.7/Part 2 or United Nations Security Council document S/2010/263, 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 vessel, within the meaning of section 2 of the Canada Shipping Act, 2001, no operator of an aircraft registered in Canada and no Canadian owner or master of a vessel or operator of an aircraft shall knowingly carry, cause to be carried or permit to be carried arms and related material or any of the items that appear in INFIRC/254/Rev.9/Part 1, INFCIRC/254/Rev.7/Part 2 or United Nations Security Council document S/2010/263, 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. Paragraph 9(d) of the English version of the Regulations is replaced by the following:

(d) make any property or any financial or other related service available to a designated person, to a person acting on behalf of, or at the direction of, a designated person, to a person owned or controlled by a designated person or to a person determined by the Security Council of the United Nations or by the Committee of the Security Council to have assisted a designated person in evading the sanctions or violating the provisions contained in the Security Council Resolutions; or

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

9.1 No person in Canada and no Canadian outside Canada shall knowingly make any property or any financial or other related service available to any of the following persons for the purpose of investing in any commercial activity in Canada involving uranium mining, production or use of nuclear materials and technology listed in INFCIRC/254/Rev.9/Part 1:

(a) Iran;

(b) any person in Iran;

(c) any body corporate incorporated in Iran or subject to its jurisdiction;

(d) any person acting on behalf or at the direction of Iran or on behalf or at the direction of a person referred to in paragraphs (b) or (c); or

(e) any person owned or controlled by Iran or by a person referred to in paragraphs (b) or (c).

9.2 (1) No person in Canada and no Canadian outside Canada shall knowingly provide a vessel that is registered in Iran or that is contracted to Iran or any person in Iran with goods, materials or services for the vessel’s operation or maintenance, including in respect of insurance, stevedoring, bunkering and lighterage, if there are reasonable grounds to believe that the vessel is carrying products the sale, supply or transfer of which is prohibited by section 3.

(2) Subsection (1) does not apply if the goods, materials or services are necessary for humanitarian purposes.

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

10. 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 9.2.

APPLICATION PRIOR TO PUBLICATION

7. 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

8. 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

The Iranian nuclear program has been a matter of grave concern to the international community for several years. Iran signed the Nuclear Non-Proliferation Treaty (NPT) in 1968, and has claimed consistently that its nuclear activities are peaceful in nature. Between 2003 and 2005, following revelations about secret nuclear sites, the International Atomic Energy Agency (IAEA) conducted intensive inspections that revealed that for almost 20 years Iran had engaged in a range of undeclared nuclear activities, including the enrichment of uranium and separation of plutonium.

In September 2005, the IAEA Board of Governors found Iran to be in non-compliance with its NPT Safeguards Agreement and, in February 2006, reported Iran’s case to the UN Security Council, leading to Resolution 1696 demanding that Iran cease its enrichment and reprocessing efforts. The Security Council has passed four more resolutions imposing sanctions (UNSCR 1737, 1747, 1803, 1929 [2010]) and one that does not impose sanctions (UNSCR 1835), for Iran’s failure to comply with Resolution 1696.

Iran has continued to ignore its international legal obligations. On September 21, 2009, in a letter to then IAEA Director General Mohamed ElBaradei, Iran revealed the existence of a new, previously undeclared, facility to enrich uranium. The plant is not yet complete, nor has any significant amount of nuclear material been introduced to the facility. Iran was legally obliged to declare the existence of the facility before beginning construction, but failed to do so.

The latest IAEA report on Iran, dated February 2010, notes that Iran has accumulated 2 065 kg of low-enriched uranium hexafluoride (UF6) since its Fuel Enrichment Plant began operation in 2007. Production levels are at the point where sufficient nuclear material is available for two nuclear weapons, but under IAEA safeguards. Under the pretext of providing fuel for the Tehran Research Reactor, Iran has already begun to upgrade its low-enriched UF6 from 3.5% to 19.8%, just under the legal threshold for “high-enriched nuclear material.”

Consequently, on June 9, 2010, the UN Security Council, acting under Chapter VII of the Charter of the United Nations, adopted Resolution 1929 (2010) noting that Iran has not established full suspension of all enrichment-related and reprocessing activities and heavy water-related projects as set out in resolutions 1696 (2006), 1737 (2006), 1747 (2007) and 1803 (2008), nor has it resumed its cooperation with the IAEA. The Security Council also noted that Iran has constructed an enrichment facility at Qom in breach of its obligations to suspend all enrichment-related activities and that it has enriched uranium to near 20%, and did so without notifying the IAEA with sufficient time for it to adjust the existing safeguards procedures.

Resolution 1929 (2010) imposes sanctions against Iran and persons designated by a committee of the Security Council. These sanctions are binding upon all states pursuant to article 25 of the Charter of the United Nations and, therefore, Canada must implement them domestically. The Regulations Amending the Regulations Implementing the United Nations Resolutions on Iran (the Regulations) are appropriately made under the legislative authority of the United Nations Act and are necessary to incorporate these sanctions into Canadian domestic law.

Description and rationale

The Security Council imposed the following sanctions in Resolution 1929 (2010):

  • Additional restrictions on the provision of nuclear materials and technology to Iran;
  • Restrictions on Iran’s ability to invest abroad in commercial activities involving uranium mining, production or the use of nuclear materials and technology;
  • Restrictions on Iran’s ability to undertake activities related to ballistic missiles capable of delivering nuclear weapons;
  • Restrictions on the sale of heavy weapons to Iran;
  • Additional designations of individuals and entities subject to sanctions.

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

Links to the text of Security Council resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008) and 1929 (2010) are available at www.un.org/documents/scres.htm.

Information concerning the work of the Security Council committee charged with overseeing the sanctions against Iran is available at www.un.org/sc/committees/1737/index.shtml.

Consultation

The Department of Foreign Affairs and International Trade drafted the Regulations after consulting with the Department of Justice, the Canada Border Services Agency, the Department of Finance Canada, the Office of the Superintendent of Financial Institutions Canada, Citizenship and Immigration Canada, Export Development Canada, Agriculture and Agri-Food Canada, the Financial Transactions and Reports Analysis Centre of Canada, the Canadian Nuclear Safety Commission, the Department of National Defence, the Royal Canadian Mounted Police and the Canadian Security Intelligence Service. All departments and agencies that were consulted support this initiative.

Implementation, enforcement and service standards

Compliance is ensured by the Royal Canadian Mounted Police and the Canada Border Services Agency. In accordance with section 3 of the United Nations Act, any person who contravenes the Regulations is liable upon summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both or, upon conviction on indictment, to imprisonment for a term of not more than 10 years.

Contacts

Roland Legault
Deputy 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: 613-944-1599
Fax: 613-992-2467
Email: Roland.Legault@international.gc.ca

Sabine Nölke
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: Sabine.Nolke@international.gc.ca

Footnote a
R.S., c. U-2

Footnote 1
SOR/2007-44; SOR/2007-105