ARCHIVED — Regulations Amending the Regulations Implementing the United Nations Resolution on Libya and Taking Special Economic Measures

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Vol. 145, No. 19 — September 14, 2011

Registration

SOR/2011-172 August 31, 2011

SPECIAL ECONOMIC MEASURES ACT
UNITED NATIONS ACT

P.C. 2011-902 August 31, 2011

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1970 (2011) on February 26, 2011 and Resolution 1973 (2011) on March 17, 2011;

Whereas those Resolutions call for the taking of economic measures against Libya;

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;

And whereas the Governor in Council is of the opinion that the situation in Libya constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, hereby makes the annexed Regulations Amending the Regulations Implementing the United Nations Resolution on Libya and Taking Special Economic Measures pursuant to

  1. (a) subsections 4(1) and (2) of the Special Economic Measures Act (see footnote a); and

  2. (b) section 2 of the United Nations Act (see footnote b)

REGULATIONS AMENDING THE REGULATIONS IMPLEMENTING THE UNITED NATIONS RESOLUTION ON LIBYA AND TAKING SPECIAL ECONOMIC MEASURES

AMENDMENTS

1. The title of the Regulations Implementing the United Nations Resolution on Libya and Taking Special Economic Measures (see footnote 1) is replaced by the following:

REGULATIONS IMPLEMENTING THE UNITED NATIONS RESOLUTIONS ON LIBYA AND TAKING SPECIAL ECONOMIC MEASURES

2. (1) The definitions “designated person”, “Libya” and “property” in section 1 of the Regulations are replaced by the following:

“designated person” means, subject to subsection 7(1), a person

  1. (a) whose name appears on Annex II to Security Council Resolution 1970;
  2. (b) that is designated by the Security Council of the United Nations under paragraph 17 of Security Council Resolution 1970; or
  3. (c) that is designated by the Committee of the Security Council under paragraph 24(c) of Security Council Resolution 1970. (personne désignée)

“Libya” means the Libyan state and includes its political subdivisions. (Libye)

“property” means property of every description and documents relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods, and includes any funds, financial assets or economic resources. (bien)

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

“Security Council Resolution 1973” means Resolution 1973 (2011) of March 17, 2011, adopted by the Security Council of the United Nations. (résolution 1973 du Conseil de sécurité)

3. Section 8 and 9 of the Regulations are replaced by the following:

9. 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 7.

4. The Regulations are amended by adding the following after section 17:

17.1 No person contravenes these Regulations by doing an act or thing prohibited by any of sections 3 to 9 if, before the person does that act or thing, the Minister issues a certificate to the person stating that

  1. (a) Security Council Resolution 1970 and Security Council Resolution 1973 do not intend that such an act or thing be prohibited; or
  2. (b) the act or thing has been approved by the Security Council of the United Nations or by the Committee of the Security Council in accordance with those Resolutions.

LEGAL PROCEEDINGS

17.2 No legal proceedings shall lie in Canada at the instance of the Government of Libya, of any person or entity in Libya, of a designated person or of any person claiming through or for the benefit of any such person or entity in connection with any contract or other transaction where its performance was prevented by reason of any measure imposed by these Regulations.

APPLICATION BEFORE PUBLICATION

5. For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.

COMING INTO FORCE

6. 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 or the Order.)

Issue and objectives

In late February 2011, peaceful anti-government protests in the Libyan city of Benghazi were violently suppressed by the regime of Muammar Gaddafi using local security forces and foreign mercenaries, leading to several hundred civilian deaths. The violent government response led to a general uprising in the country, which was in turn brutally suppressed. The Gaddafi regime unleashed heavily armed security police, special army regime protection units, and foreign mercenaries against the civilian population, leading to further deaths and injuries to innocent civilians believed to number in the thousands. Military units loyal to the Gaddafi regime were ordered to use all necessary means to defeat the uprising and carried out wide-spread and systematic attacks against the civilian population, including with air assets deployed indiscriminately in civilian areas. The number of people who fled Libya is estimated at 660 000 migrants, including 187 500 Libyans. Displacements into neighbouring countries also caused a certain level of regional instability.

Through its actions the Gaddafi regime showed itself to be entirely illegitimate, and that its hold on political power in Libya was based exclusively on the use of terror, intimidation and violence against a population seeking democratic change and protection of their fundamental human rights. On February 26, 2011, the United Nations Security Council passed a resolution imposing certain economic measures against Libya. In compliance with Canada’s obligations under Article 25 of the Charter of the United Nations and in response to the grave breach of international peace and security committed by the Libyan regime, Canada imposed sanctions against Libya under the United Nations Act and the Special Economic Measures Act.

The proposed sanctions were intended to reinforce the message to the Libyan government that its blatant disregard for human rights and fundamental freedoms is unacceptable and condemned by the international community, while also signalling our solidarity and support for the people of Libya.

After six months of uprising, the Gaddafi regime has fallen and the Libyan people are about to establish a new interim governing authority led by the National Transitional Council (NTC). Canada and the international community have supported the legitimate aspirations of the Libyan people and regard the NTC as its legitimate representative. In light of the urgent need to ensure stabilization, the NTC will soon begin the essential tasks of establishing security throughout the country, and to focus on delivering food, medical services, and emergency assistance to people in need. It is also expected that the Libyan people will also work together to establish a genuinely inclusive and representative government in Libya, committed to respecting the human rights of all Libyans.

Canada is therefore immediately lifting its unilateral sanctions in order to support the Libyan people and the new governing authorities.

Description and rationale

The Regulations were implemented to impose a series of measures taken by the United Nations Security Council against designated individuals in Libya, as well as an arms embargo, Canada went beyond these measures by also imposing measures against the Libyan Government itself or its institutions and agencies, including the Libyan Central Bank, by adding “Libya” as a designated entity.

The Governor in Council has made the following amendments to the Regulations in order to respond to the changes in the situation in Libya.

The Regulations

  • amend the definition of “Libya” in section 1;
  • repeal paragraph (b) of the definition of “designated person” in section 1;
  • amend the definition of “property” in section 1; and
  • repeal the prohibitions found in section 8 and paragraph 9(b).

All prohibitions and definitions made pursuant to the United Nations Act remain in effect and one new exemption has been added, for transactions not intended to be prohibited by the Security Council.

In addition, the Permit Authorization Order made pursuant to subsection 4(4) of the Special Economic Measures Act has been repealed.

Consultation

The Department of Foreign Affairs and International Trade drafted the amendments to the Regulations having consulted the Department of Justice and the Department of Finance. International consultation was not undertaken.

Implementation, enforcement and service standards

Compliance is ensured by the Royal Canadian Mounted Police and the Canada Border Services Agency. Every person who contravenes sections 3 through 7 and 9 of the Regulations, as amended, is liable, upon conviction, to the punishments set out in section 3 of the United Nations Act. Every person who contravenes sections 10 and 11 of the Regulations is liable, upon conviction, to punishments set out in section 3 of the United Nations Act.

Contacts

Jeffrey McLaren
Director
Gulf and Maghreb Region
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-944-1249
Fax: 613-944-7431
Email: Jeffrey.mclaren@international.gc.ca

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

Hugh Adsett
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: hugh.adsett@international.gc.ca

Footnote a
S.C. 1992, c. 17

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

Footnote 1
SOR/2011-51