Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

armed mercenary personnel

armed mercenary personnel means any person who

• (a) is specially recruited locally or abroad to use arms and related material in CAR;

• (b) uses arms and related material in CAR and is motivated essentially by the desire for private gain;

• (c) is not a member of the CAR armed forces; and

• (d) has not been sent to CAR by a state on official duty as a member of that state’s armed forces. (mercenaire armé)

arms and related material

arms and related material includes any type of weapon, ammunition, military vehicle, military equipment or paramilitary equipment and their spare parts. (armes et matériel connexe)

BINUCA

BINUCA means the United Nations Integrated Peacebuilding Office in the Central African Republic. (BINUCA)

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)

CAR

CAR means the Central African Republic and includes

• (a) its political subdivisions;

• (b) its government and departments and the government and departments of its political subdivisions; and

• (c) its agencies or those of its political subdivisions. (RCA)

Committee of the Security Council

Committee of the Security Council means the Committee of the Security Council established under paragraph 57 of Security Council Resolution 2127. (Comité du Conseil de sécurité)

designated person

designated person means a person that is designated by the Committee of the Security Council under paragraph 32 of Security Council Resolution 2134. (personne designée)

entity

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

MICOPAX

MICOPAX means the Mission for the consolidation of peace in the Central African Republic, led by the Economic Community of Central African States. (MICOPAX)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

MINUSCA

MINUSCA means the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic. (MINUSCA)

MISCA

MISCA means the African-led International Support Mission in the Central African Republic. (MISCA)

person

person means an individual or 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

Security Council means the Security Council of the United Nations. (Conseil de sécurité)

Security Council Resolution 2127

Security Council Resolution 2127 means Resolution 2127 (2013) of December 5, 2013, adopted by the Security Council. (résolution 2127 du Conseil de sécurité)

Security Council Resolution 2134

Security Council Resolution 2134 means Resolution 2134 (2014) of January 28, 2014, adopted by the Security Council. (résolution 2134 du Conseil de sécurité)

technical assistance

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

working day

working day means a day that is not Saturday or a holiday. (jour ouvrable)

Application

Marginal note:Application

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

Prohibitions

Marginal note:Arms and related material

3 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly export, sell, supply or ship, directly or indirectly, arms and related material, wherever situated, to CAR or to any person in CAR.

Marginal note:Technical or financial assistance

4 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide or transfer to CAR or to any person in CAR, directly or indirectly, technical or financial assistance or any other assistance that is related to

• (a) military activities, including the recruitment or provision of armed mercenary personnel; or

• (b) the provision, manufacture, maintenance or use of arms and related material.

Marginal note:Use of vessels or aircraft

5 It is prohibited for the owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, or the operator of an aircraft registered in Canada to knowingly permit their vessel or aircraft, wherever situated, to be used by any person to carry out any of the activities referred to in sections 3 and 4.

Marginal note:Prohibited activities

6 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly

• (a) deal in any property in Canada that is owned, held or controlled, directly or indirectly, by a designated person or by a person acting on behalf of or at the direction of a designated person;

• (b) enter into or facilitate any transaction related to a dealing referred to in paragraph (a);

• (c) provide any financial or related services in respect of a dealing referred to in paragraph (a);

• (d) make available any property or provide any financial or related services, to a designated person, to a person acting on behalf of or at the direction of a designated person or to an entity that is owned, held or controlled, directly or indirectly, by a designated person; or

• (e) make available any property or provide any financial or related services for the benefit of any person or any entity referred to in paragraph (d).

Marginal note:Assisting in a prohibited activity

7 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly do anything that causes, facilitates or assists in, or is intended to cause, facilitate or assist in, any activity prohibited by sections 3 to 6.

Obligations

Marginal note:Duty to determine

8 The following entities must determine on a continuing basis whether they are in possession or control of property owned, held or controlled by or on behalf of a designated person:

• (a) authorized foreign banks, as defined in section 2 of the Bank Act, in respect of their business in Canada, and banks regulated by that Act;

• (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;

• (c) foreign companies, as defined in subsection 2(1) of the Insurance Companies Act, in respect of their insurance activities in Canada;

• (d) companies, provincial companies and societies, as those terms are defined in subsection 2(1) of the Insurance Companies Act;

• (e) fraternal benefit societies regulated by a provincial Act in respect of their insurance activities and insurance companies and other entities regulated by a provincial Act that are engaged in the business of insuring risks;

• (f) companies regulated by the Trust and Loan Companies Act;

• (g) trust companies regulated by a provincial Act;

• (h) loan companies regulated by a provincial Act;

• (i) entities that engage in any activity referred to in paragraph 5(h) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act if the activity involves the opening of an account for a client; and

• (j) entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services.

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).

Exceptions

Marginal note:Non-application

10 Sections 3 to 5 and 7 do not apply with respect to

• (a) supplies intended solely for the support of or use by MICOPAX, MISCA, BINUCA and its guard unit, MINUSCA, the African Union Regional Task Force, the French forces deployed in CAR and the European Union operation deployed in CAR;

• (b) supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Committee of the Security Council;

• (c) supplies of protective clothing, including flak jackets and military helmets, temporarily exported to CAR by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, solely for their personal use;

• (d) supplies of small arms and other related equipment intended solely for use in international patrols providing security in the Sangha River Tri-national Protected Area to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of CAR or to CAR’s international legal obligations; or

• (e) supplies of arms and related material to CAR security forces, intended solely for support of or use in the security sector reform in CAR, as approved in advance by the Committee of the Security Council.

Applications

Marginal note:Exemption

• 11 (1) A person that wishes to engage in any activity that is prohibited under these Regulations may, before doing so, apply to the Minister in writing for a certificate to exempt the activity from the application of the Regulations.

• Marginal note:Certificate

  (2) The Minister may issue the certificate if the Security Council did not intend that such an activity be prohibited or if the Security Council or the Committee of the Security Council has approved the activity in advance.

Marginal note:Exemption for property

• 12 (1) A person whose property is affected by the application of section 6 may apply to the Minister in writing for a certificate to exempt the property from the application of that section if 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.

• Marginal note:Certificate

  (2) If it is established in accordance with Security Council Resolution 2134 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 time periods:

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

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

  • (c) within 90 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 person became a designated person,

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

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

Marginal note:Certificate — parties to contract

• 13 (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 6 to permit them to receive payments or a transfer 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 days after receiving the application and at least 10 working days after advising the Committee of the Security Council of his or her intention to issue the certificate, if it is established that

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

  • (b) 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

• 14 (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 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.

Legal Proceedings

Marginal note:Prohibition

15 No legal proceedings lie in Canada at the instance of the Government of CAR, of any person or entity in CAR, of a designated person or of any person claiming through or for the benefit of any such person or entity in connection with any contract or other transaction where its performance was prevented by any reason of any measure imposed by these Regulations.

Application Before Publication

Marginal note:Application

16 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

Marginal note:Registration

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