United Nations Democratic Republic of the Congo Regulations (SOR/2004-222)

Regulations are current to 2013-05-20

APPLICATION

 These Regulations are binding on Her Majesty in right of Canada or a province.

PROHIBITIONS

 Subject to sections 6 and 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 the Democratic Republic of the Congo.

 Subject to sections 6 and 7, 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, wherever situated, destined for any person in the Democratic Republic of the Congo.

 Subject to sections 6 and 7, no person in Canada and no Canadian outside Canada shall knowingly provide, directly or indirectly, to any person in the Democratic Republic of the Congo technical assistance related to military activities.

 Sections 3 to 5 do not apply in respect of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance, if the Committee of the Security Council is notified in advance of the equipment’s intended use or of the projected provision of related technical assistance, as the case may be, and does not object to it.

  • SOR/2005-306, s. 2.

 Sections 3 to 5 do not apply in respect of arms and related material and related technical assistance intended solely for support of, or use by, the MONUC.

  • SOR/2005-306, s. 2.

 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, as at April 18, 2005 or at any time after that date by a person designated by the Committee of the Security Council;

  • (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 any other services in respect of any property referred to in paragraph (a); or

  • (d) make any property — other than the necessaries of life — available, directly or indirectly, to any person referred to in paragraph (a) or for their benefit.

  • SOR/2005-306, s. 2.

 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 8.

  • SOR/2005-306, s. 2.

EXCEPTION

 No person contravenes these Regulations by doing an act or thing prohibited by any of sections 3 to 5, 8 and 9 if, before the person does that act or thing, the Minister of Foreign Affairs issues a certificate to the person stating that

  • (a) the Security Council Resolutions do not intend that such an act or such a thing be prohibited; or

  • (b) the act or thing has been approved by the Security Council of the United Nations or the Committee of the Security Council.

  • SOR/2005-306, s. 2.