Interpretation

1 The following definitions apply in these Regulations.

arms and related material

arms and related material means any type of weapon and ammunition, and includes their spare parts. (armes et matériel connexe)

Canadian

Canadian means an individual who is a citizen within the meaning of the Citizenship Act or a body corporate incorporated by or continued under the laws of Canada or a province. (Canadien)

Committee of the Security Council

Committee of the Security Council means the Committee of the Security Council of the United Nations established by Security Council Resolution 1533 (2004) of March 12, 2004. (Comité du Conseil de sécurité)

Democratic Republic of the Congo

Democratic Republic of the Congo includes its political subdivisions. (République démocratique du Congo)

entity

entity means a body corporate, a trust, a partnership, a fund, an unincorporated association or organization or a foreign state. (entité)

MONUC

MONUC means the United Nations Organization Mission in the Democratic Republic of the Congo. (MONUC)

person

person means an individual or an entity. (personne)

property

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)

Security Council Resolutions

Security Council Resolutions means Resolution 1493 (2003) of July 28, 2003, Resolution 1533 (2004) of March 12, 2004, Resolution 1552 (2004) of July 27, 2004 and Resolution 1596 (2005) of April 18, 2005, adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

Special Representative

Special Representative means the Special Representative of the Secretary-General of the United Nations for the Democratic Republic of the Congo. (représentant spécial)

technical assistance

technical assistance means any form of assistance, such as providing instruction, training, consulting services or technical advice, transferring know-how or technical data and includes financing and providing financial assistance. (aide technique)

technical data

technical data includes blueprints, technical drawings, photographic imagery, computer software, models, formulas, engineering designs and specifications, technical and operating manuals and any technical information. (données techniques)

Application

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

Prohibitions

3 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.

4 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.

5 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.

6 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.

7 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.

8 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.

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 5 and 8.

Exception

9.1 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.

Coming into Force

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