ARCHIVED — Vol. 146, No. 13 — June 20, 2012

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Registration

SOR/2012-121 June 8, 2012

UNITED NATIONS ACT

Regulations Amending the Regulations Implementing the United Nations Resolutions on Somalia

P.C. 2012-766 June 7, 2012

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 733 (1992) on January 23, 1992, Resolution 751 (1992) on April 24, 1992, Resolution 1356 (2001) on June 19, 2001, Resolution 1425 (2002) on July 22, 2002, Resolution 1725 (2006) on December 6, 2006, Resolution 1744 (2007) on February 20, 2007, Resolution 1772 (2007) on August 20, 2007, Resolution 1844 (2008) on November 20, 2008 and Resolution 2036 (2012) on February 22, 2012;

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, His 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 Somalia.

REGULATIONS AMENDING THE REGULATIONS IMPLEMENTING THE UNITED NATIONS RESOLUTIONS ON SOMALIA

AMENDMENTS

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

“Security Council Resolutions” means Resolution 733 (1992) of January 23, 1992, Resolution 751 (1992) of April 24, 1992, Resolution 1356 (2001) of June 19, 2001, Resolution 1425 (2002) of July 22, 2002, Resolution 1725 (2006) of December 6, 2006, Resolution 1744 (2007) of February 20, 2007, Resolution 1772 (2007) of August 20, 2007, Resolution 1844 (2008) of November 20, 2008 and Resolution 2036 (2012) of February 22, 2012, adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

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

“Security Council Resolution 2036” means Resolution 2036 (2012) of February 22, 2012, adopted by the Security Council of the United Nations. (résolution 2036 du Conseil de sécurité)

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

4.1 No person in Canada and no Canadian outside Canada shall knowingly import, directly or indirectly, charcoal from Somalia or any person in Somalia, whether or not the charcoal originated in Somalia.

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

6. No person in 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 4.1

APPLICATION BEFORE PUBLICATION

4. 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

5. 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.)

1. Background

On January 23, 1992, the United Nations Security Council (UNSC) adopted Resolution 733 (1992), which ordered an immediate and complete embargo on all deliveries of weapons and military equipment to Somalia in response to the rapid deterioration of the situation, the heavy loss of human life and the widespread material damage resulting from the conflict in that country. UNSC Resolutions 1425 (2002), 1725 (2006), 1744 (2007), 1772 (2007) and 1844 (2008) subsequently strengthened the arms embargo and created a number of exceptions, such as for protective clothing used by media, humanitarian and United Nations (UN) personnel and for arms exported to the UN-authorized African Union Mission in Somalia (AMISOM).

The above resolutions have been implemented into Canadian domestic law through a variety of means. These include the Export and Import Permits Act and the Immigration and Refugee Protection Act, as well as the Regulations Implementing the United Nations Resolutions on Somalia, made on March 12, 2009, pursuant to the United Nations Act.

On February 24, 2012, the UNSC adopted Resolution 2036 (2012), which decided that “all [UN] Member States shall take the necessary measures to prevent the direct or indirect import of charcoal from Somalia, whether or not such charcoal originated in Somalia.” This action was taken in response to a request by the Transitional Federal Government of Somalia, made on January 4, 2012, that such a ban be adopted due to the use of the charcoal trade by Al Shabaab, a listed terrorist organization, to fund its operations in Somalia. The UNSC also required all UN Member States to report back within 120 days on the implementation of this measure.

According to Statistics Canada, Canada has neither exported nor imported charcoal (either wood charcoal or drawing charcoal) to/from Somalia over the past 10 years.

2. Issue

Pursuant to Article 25 of the Charter of the United Nations, United Nations Security Council Resolution 2036 (2012) is binding upon all Member States. An amendment to Canada’s current regulations with respect to Somalia is necessary in order to incorporate this new sanction into Canadian domestic law.

3. Objectives

To implement binding international obligations pursuant to Resolution 2036 (2012) and incorporate these sanctions into Canadian domestic law, the Regulations Amending the Regulations Implementing the United Nations Resolutions on Somalia have been made pursuant to the United Nations Act.

These Regulations came into force upon their registration, and were tabled forthwith before Parliament, as required by section 4 of the United Nations Act.

4. Description

United Nations Security Council Resolution 2036 (2012) states that “all Member States shall take the necessary measures to prevent the direct or indirect import of charcoal from Somalia, whether or not such charcoal originated in Somalia.”

A link to the text of Security Council Resolution 2036 (2012) is available at www.un.org/Docs/sc/unsc_resolutions12.htm.

Information concerning the work of the Security Council Committee charged with overseeing the sanctions against Somalia is available at www.un.org/sc/committees/751/index.shtml.

5. Consultation

Canada does not import any charcoal from Somalia, and therefore there is no impact expected on any stakeholders. The Canadian Border Services Agency has been advised and has expressed no concerns.

6. Rationale

As a Member State of the United Nations, Canada must implement all UN Security Council decisions into domestic law. Amending the Regulations Implementing the United Nations Resolutions on Somalia will allow Canada to fulfill its international obligations.

7. Contacts

Curtis Schmeichel
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: 613-996-3863
Fax: 613-992-2467
Email: Curtis.Schmeichel@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
R.S., c. U-2

Footnote 1
SOR/2009-92