Regulations Implementing the United Nations Resolutions on Somalia (SOR/2009-92)

Regulations are current to 2013-05-20 and last amended on 2012-06-08. Previous Versions

  • 16. (1) A person whose property has been affected by the application of section 5 may apply to the Minister for a certificate to exempt their property from the application of that section if that property is necessary for meeting basic or extraordinary expenses or if it is the subject of a judicial, administrative or arbitral lien or judgment, a hypothec, mortgage, charge, security interest or prior claim.

  • (2) The Minister shall issue a certificate, if it is established, in accordance with the Security Council Resolutions, that the property is necessary for meeting basic or extraordinary expenses or that the property is the subject of a judicial, administrative or arbitral lien or judgment, a hypothec, mortgage, charge, security interest or prior claim,

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

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

    • (c) in the case of property that is the subject of a judicial, administrative or arbitral lien or judgment, a hypothec, mortgage, charge, security interest or prior claim, within 90 working days after receiving the application, if the lien or judgment, hypothec, mortgage, charge, security interest or prior claim was entered before November 20, 2008, is not for the benefit of a paragraph 3 designated person or a paragraph 8 designated person and has been brought to the attention of the Committee of the Security Council or the Security Council of the United Nations by the Minister.

17. No person contravenes these Regulations by doing an act or thing prohibited by any of sections 3 to 6 if, before the person does that act or thing, the Minister issues a certificate to the person stating that

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

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

COMING INTO FORCE

18. These Regulations come into force on the day on which they are registered.