Regulations Implementing the United Nations Resolutions on Iran (SOR/2007-44)

Marginal note:Duty to disclose — RCMP or CSIS

• 9 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 8 must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service

  • (a) the existence of property in their possession or control that they have reason to believe is owned, held or controlled by or on behalf of a designated person; and

  • (b) any information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

• Marginal note:Immunity

  (2) No proceedings under the United Nations Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1).

9.1 [Repealed, SOR/2016-14, s. 2]

9.2 [Repealed, SOR/2016-14, s. 2]

Applications

Marginal note:Exemption

• 10 (1) A person that wishes to do an act or thing that is prohibited under these Regulations may, before doing the act or thing, apply to the Minister in writing for a certificate to exempt the act or thing from the application of the Regulations.

• Marginal note:Certificate

  (2) The Minister must issue the certificate if the Security Council did not intend that such an act or thing be prohibited or if it is established that the requirements of Security Council Resolution 2231 have been met and, if required by that resolution, that the Security Council has approved the act or thing in advance.

Marginal note:Exemption for property

• 11 (1) A person whose property has been affected by the application of section 3 may apply to the Minister in writing for a certificate to exempt the property from the application of that section if the property

  • (a) is necessary for basic or extraordinary expenses or is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision;

  • (b) is necessary for the civil nuclear cooperation projects described in Annex III to the Joint Comprehensive Plan of Action; or

  • (c) is necessary for any activity required for the implementation of the Joint Comprehensive Plan of Action.

• Marginal note:Certificate — paragraph 1(a)

  (2) If it is established in accordance with Security Council Resolution 2231 that the property is necessary for basic or extraordinary expenses or is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision, the Minister must issue a certificate within the following timelines:

  • (a) within 15 working days after receiving the application, in the case of property necessary for basic expenses, if the Security Council does not oppose the application;

  • (b) within 30 working days after receiving the application, in the case of property necessary for extraordinary expenses, if the Security Council approves the application; and

  • (c) within 90 working days after receiving the application, in the case of property that is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision that

    • (i) was created or issued before the coming into force of these Regulations;

    • (ii) is not for the benefit of a designated person; and

    • (iii) has been brought to the attention of the Security Council by the Minister.

• Marginal note:Certificate — paragraphs (1)(b) and (c)

  (3) If it is established that the property is necessary for a project or activity referred to in paragraph (1)(b) or (c), the Minister must advise the Security Council of the intention to issue a certificate and, if the Security Council approves the project or activity, the Minister must issue the certificate.

Marginal note:Certificate — parties to contract

• 12 (1) A person who is a party to a contract or a gratuitous transfer may apply to the Minister in writing for a certificate to exempt property from the application of section 3 to permit them to receive payments or transfers from a designated person or to permit a designated person to make payments or to carry out the transfer.

• Marginal note:Certificate — time period

  (2) The Minister must issue a certificate within 90 working days after receiving the application and at least 10 working days after advising the Security Council of the intention to issue the certificate, if it is established that

  • (a) the contract was entered into or the transfer occurred prior to any party becoming a designated person;

  • (b) the contract does not relate to an activity set out in any of subsections 4(1) and (3) to (5); and

  • (c) the payments or transfer are not to be received, directly or indirectly, by a designated person, by a person acting on behalf of, or at the direction of, a designated person or by an entity that is owned, held or controlled, directly or indirectly, by a designated person.

Marginal note:Mistaken identity

• 13 (1) A person whose name is the same as or similar to the name of a designated person and that claims not to be that person may apply to the Minister in writing for a certificate stating that they are not that designated person.

• Marginal note:Determination by Minister

  (2) Within 45 working days after receiving the application, the Minister must

  • (a) if it is established that the applicant is not the designated person, issue the certificate; or

  • (b) if it is not so established, provide notice to the applicant of his or her determination.

Disclosure of Information

Marginal note:Disclosure by official

• 14 (1) An official may, for the purpose of responding to a request from the Security Council, the Joint Commission or the Focal Point for De-listing, disclose personal information to the Minister.

• Marginal note:Disclosure by Minister

  (2) The Minister may, for the purpose of administering or enforcing these Regulations or fulfilling an obligation under a resolution of the Security Council, disclose personal information to the Security Council, the Joint Commission or the Focal Point for De-listing.

Legal Proceedings

Marginal note:Prohibition — legal proceedings

15 No legal proceedings lie in Canada at the instance of the Government of Iran, of any person in Iran, of a designated person or of any person claiming through or acting on behalf of any such person in connection with any contract or other dealing if its performance was prevented in any way by these Regulations.

16 [Repealed, SOR/2016-14, s. 2]

17 [Repealed, SOR/2016-14, s. 2]

18 [Repealed, SOR/2016-14, s. 2]

19 [Repealed, SOR/2016-14, s. 2]

20 [Repealed, SOR/2016-14, s. 2]

21 [Repealed, SOR/2016-14, s. 2]

21.1 [Repealed, SOR/2016-14, s. 2]

22 [Repealed, SOR/2016-14, s. 2]