Regulations Amending Certain Regulations Made Under the United Nations Act: SOR/2019-60

Canada Gazette, Part II, Volume 153, Number 6

Registration

SOR/2019-60 March 4, 2019

UNITED NATIONS ACT

P.C. 2019-131 February 28, 2019

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted certain resolutions;

And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in those resolutions to be effectively applied;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 2 of the United Nations Act^{footnote a}, makes the annexed Regulations Amending Certain Regulations Made Under the United Nations Act.

Regulations Amending Certain Regulations Made Under the United Nations Act

United Nations Al-Qaida and Taliban Regulations

1 Section 1 of the United Nations Al-Qaida and Taliban Regulations^{footnote 1} is amended by adding the following in alphabetical order:

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

2 Sections 5 to 5.2 of the Regulations are replaced by the following:

5 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 4.4.

Obligations

5.1 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 person associated with the Taliban or a person associated with Al-Qaida:

(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.

5.2 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 5.1 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 person associated with the Taliban or a person associated with Al-Qaida; and
(b) any information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

(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).

3 The heading before section 5.6 and sections 5.6 to 8 of the Regulations are replaced by the following:

Applications

6 (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.

(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, the 1988 Sanctions Committee or the Al-Qaida Sanctions Committee, as the case may be, has approved the activity in advance.

7 (1) A person whose property is affected by the application of section 4 or 4.1 may apply to the Minister in writing for a certificate to exempt the property from the application of these sections if the property is necessary for basic or extraordinary expenses.

(2) If it is established in accordance with Resolution 1452 (2002) of December 20, 2002, adopted by the Security Council, that the property is necessary for basic or extraordinary expenses, 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 1988 Sanctions Committee or the Al-Qaida Sanctions Committee, as the case may be, does not oppose the application; and
(b) within 30 working days after receiving the application, in the case of property that is necessary for extraordinary expenses, if the 1988 Sanctions Committee or the Al-Qaida Sanctions Committee, as the case may be, approves the application.

8 (1) A person whose name is the same as or similar to the name of a person associated with the Taliban or a person associated with Al-Qaida and that claims not to be that person may apply to the Minister in writing for a certificate stating that they are not that person.

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

(a) if it is established that the applicant is not the person associated with the Taliban or a person associated with Al-Qaida person, issue the certificate; or
(b) if it is not so established, provide notice to the applicant of his or her determination.

Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism

4 Section 1 of the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism^{footnote 2} is amended by adding the following in alphabetical order:

Committee of the Security Council means the Committee of the Security Council of the United Nations established by Resolution 1267 (1999) of October 15, 1999, adopted by the Security Council of the United Nations. (Comité du Conseil de sécurité)

5 Sections 6 to 11 of the Regulations are replaced by the following:

6 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 and 4.

Obligations

7 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 listed 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.

8 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 7 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 listed person; and
(b) any information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

(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).

Applications

9 (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.

10 (1) A person whose property is affected by the application of section 4 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.

(2) If it is established in accordance with Security Council Resolution 1452 (2002) of December 20, 2002, adopted by the Security Council of the United Nations, that the property is necessary for basic or extraordinary expenses, 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; and
(b) within 30 working days after receiving the application, in the case of property that is necessary for extraordinary expenses, if that Committee approves the application.

11 (1) A person whose name is the same as or similar to the name of a listed 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 listed person.

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

(a) if it is established that the applicant is not the listed person, issue the certificate; or
(b) if it is not so established, provide notice to the applicant of his or her determination.

United Nations Sudan Regulations

6 The definition Committee of the Security Council in section 1 of the United Nations Sudan Regulations^{footnote 3} is replaced by the following:

Committee of the Security Council means the Committee of the Security Council of the United Nations established by Resolution 1591 (2005) of March 29, 2005, adopted by the Security Council of the United Nations. (Comité du Conseil de sécurité)

7 Sections 11 and 12 of the Regulations are replaced by the following:

11 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 5 and 10.

Obligations

12 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 person designated by the Committee of the Security Council:

(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.

13 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 12 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 person designated by the Committee of the Security Council; and
(b) any information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

(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).

Applications

14 (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.

15 (1) A person whose property is affected by the application of section 10 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.

(2) If it is established in accordance with Resolution 1591 (2005) of March 29, 2005, adopted by the Security Council of the United Nations, 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 person designated by the Committee of the Security Council,
- (ii) is not for the benefit of a person designated by the Committee of the Security Council, and
- (iii) has been brought to the attention of the Committee of the Security Council by the Minister.

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

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

(a) if it is established that the applicant is not the person designated by the Committee of the Security Council, issue the certificate; or
(b) if it is not so established, provide notice to the applicant of his or her determination.

United Nations Iraq Regulations

8 Section 6 of the United Nations Iraq Regulations^{footnote 4} and the heading before it are replaced by the following:

9 Section 8 of the Regulations and the heading before it are replaced by the following:

Applications

8 (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.

8.1 (1) A person whose name is the same as or similar to the name of an individual identified by the Committee and that claims not to be that individual may apply to the Minister in writing for a certificate stating that they are not that individual.

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

(a) if it is established that the applicant is not the individual identified by the Committee, issue the certificate; or
(b) if it is not so established, provide notice to the applicant of his or her determination.

United Nations Democratic Republic of the Congo Regulations

10 Sections 9 to 10 of the United Nations Democratic Republic of the Congo Regulations^{footnote 5} are replaced by the following:

9 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 5 and 8.

Obligations

10 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 person designated by the Committee of the Security Council:

(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.

11 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 10 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 person designated by the Committee of the Security Council; and
(b) any information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

(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).

Applications

12 (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.

13 (1) A person whose property is affected by the application of section 8 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.

(2) If it is established in accordance with Resolution 1596 (2005) of April 18, 2005, adopted by the Security Council of the United Nations, 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 person designated by the Committee of the Security Council,
- (ii) is not for the benefit of a person designated by the Committee of the Security Council, and
- (iii) has been brought to the attention of the Committee of the Security Council by the Minister.

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

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

(a) if it is established that the applicant is not the person designated by the Committee of the Security Council, issue the certificate; or
(b) if it is not so established, provide notice to the applicant of his or her determination.

Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK)

11 Sections 10 to 12 of the Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK)^{footnote 6} are replaced by the following:

Assisting in a prohibited activity

10 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 9.

Obligations

Duty to determine

11 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.

Duty to disclose — RCMP or CSIS

12 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 11 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).

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).

12 Section 15 of the Regulations is replaced by the following:

Mistaken identity

15 (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.

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.

Regulations Implementing the United Nations Resolutions on Iran

13 Sections 7 to 9 of the Regulations Implementing the United Nations Resolutions on Iran^{footnote 7} are replaced by the following:

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

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.

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).

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).

14 (1) Subsection 12(1) of the Regulations is replaced by the following:

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.

(2) Paragraph 12(2)(c) of the Regulations is replaced by the following:

(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.

15 Section 13 of the Regulations is replaced by the following:

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.

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.

Regulations Implementing the United Nations Resolution on Lebanon

16 Sections 7 and 8 of the Regulations Implementing the United Nations Resolutions on Lebanon^{footnote 8} are replaced by the following:

Application

(2) The Minister may issue the certificate if the Security Council of the United Nations did not intend that such an activity be prohibited or if the Security Council of the United Nations or the Committee of the Security Council of the United Nations established under Resolution 1636 (2005) of October 31, 2005, adopted by the Security Council of the United Nations, has approved the activity in advance.

Regulations Implementing the United Nations Resolutions on Somalia

17 (1) The definition Security Council Resolution 1725 in section 1 of the Regulations Implementing the United Nations Resolutions on Somalia^{footnote 9} is repealed.

(2) The definitions Committee of the Security Council, person, Security Council Resolution 751, Security Council Resolution 1744, Security Council Resolution 1772, Security Council Resolution 1844, Security Council Resolution 2036 and Security Council Resolutions in section 1 of the Regulations are replaced by the following:

person means an individual or an entity. (personne)
Committee of the Security Council means the Committee of the Security Council established under paragraph 11 of Security Council Resolution 751. (Comité du Conseil de sécurité)
Security Council Resolution 751 means Resolution 751 (1992) of April 24, 1992, adopted by the Security Council. (résolution 751 du Conseil de sécurité)
Security Council Resolution 1744 means Resolution 1744 (2007) of February 20, 2007, adopted by the Security Council. (résolution 1744 du Conseil de sécurité)
Security Council Resolution 1772 means Resolution 1772 (2007) of August 20, 2007, adopted by the Security Council. (résolution 1772 du Conseil de sécurité)
Security Council Resolution 1844 means Resolution 1844 (2008) of November 20, 2008, adopted by the Security Council. (résolution 1844 du Conseil de sécurité)
Security Council Resolution 2036 means Resolution 2036 (2012) of February 22, 2012, adopted by the Security Council. (résolution 2036 du Conseil de sécurité)
Security Council Resolutions means Security Council Resolution 733, Security Council Resolution 751, Security Council Resolution 1356, Security Council Resolution 1425, Security Council Resolution 1744, Security Council Resolution 1772, Security Council Resolution 1844 and Security Council Resolution 2036. (résolutions du Conseil de sécurité)

(3) Section 1 of the Regulations is amended by adding the following in alphabetical order:

entity includes a corporation, trust, partnership, fund, unincorporated association or organization or foreign state. (entité)
Security Council means the Security Council of the United Nations. (Conseil de sécurité)
Security Council Resolution 733 means Resolution 733 (1992) of January 23, 1992, adopted by the Security Council. (résolution 733 du Conseil de sécurité)
Security Council Resolution 1356 means Resolution 1356 (2001) of June 19, 2001, adopted by the Security Council. (résolution 1356 du Conseil de sécurité)
Security Council Resolution 1425 means Resolution 1425 (2002) of July 22, 2002, adopted by the Security Council. (résolution 1425 du Conseil de sécurité)

18 Sections 5 to 9 of the Regulations are replaced by the following:

5 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 paragraph 3 designated person, by a paragraph 8 designated person, or by a person acting on behalf of or at the direction of a paragraph 3 designated person or a paragraph 8 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 paragraph 3 designated person, to a paragraph 8 designated person, to a person acting on behalf of or at the direction of a paragraph 3 designated person or a paragraph 8 designated person or to an entity that is owned, held or controlled, directly or indirectly, by a paragraph 3 designated person or a paragraph 8 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).

Obligations

7 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 paragraph 3 designated person or a paragraph 8 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.

(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 paragraph 3 designated person or a paragraph 8 designated person; and
(b) any information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

(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).

Applications

(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.

9.1 (1) A person whose property is affected by the application of section 5 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.

(2) If it is established in accordance with Security Council Resolution 1844 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 paragraph 3 designated person or a paragraph 8 designated person,
- (ii) is not for the benefit of a designated person set out in subparagraph (i), and
- (iii) has been brought to the attention of the Committee of the Security Council by the Minister.

9.2 (1) A person whose name is the same as or similar to the name of a paragraph 3 designated person or a paragraph 8 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.

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

(a) if it is established that the applicant is not the paragraph 3 designated person or a paragraph 8 designated person, as the case may be, issue the certificate; or
(b) if it is not so established, provide notice to the applicant of his or her determination.

19 Section 12 of the Regulations is repealed.

20 Sections 15 to 17 of the Regulations are repealed.

Regulations Implementing the United Nations Resolution on Eritrea

21 Sections 10 to 16 of the Regulations Implementing the United Nations Resolution on Eritrea^{footnote 10} are replaced by the following:

Assisting in a prohibited activity

Obligations

Duty to determine

11 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.

Duty to disclose — RCMP or CSIS

(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).

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).

Applications

Exemption

13 (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.

Certificate

Exemption for property

14 (1) A person whose property is affected by the application of section 9 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.

Certificate

(2) If it is established in accordance with Security Council Resolution 1907 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.

Mistaken identity

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.

Regulations Implementing the United Nations Resolutions and Imposing Special Economic Measures on Libya

22 Section 6 of the Regulations Implementing the United Nations Resolutions and Imposing Special Economic Measures on Libya^{footnote 11} is amended by adding the following after subsection (2):

Armed mercenaries

(3) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide armed mercenaries to Libya or to any person in Libya.

23 Subparagraph 12(2)(c)(i) of the Regulations is replaced by the following:

(i) was created or issued before the person became a designated person,

24 Subsection 13(1) of the Regulations is replaced by the following:

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 3 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.

Regulations Implementing the United Nations Resolutions on the Central African Republic

25 (1) The definitions Committee of the Security Council, Security Council Resolution 2127 and Security Council Resolution 2134 in section 1 of the Regulations Implementing the United Nations Resolutions on the Central African Republic^{footnote 12} are replaced by the following:

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

(2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

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

26 Sections 6 to 9 of the Regulations are replaced by the following:

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).

Assisting in a prohibited activity

Obligations

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.

Duty to disclose — RCMP or CSIS

(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).

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).

27 Sections 11 to 14 of the Regulations are replaced by the following:

Applications

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.

Certificate

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.

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.

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.

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.

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.

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.

Regulations Implementing the United Nations Resolution on South Sudan

28 (1) The definitions Focal Point for De-listing and Security Council Resolution 2206 in section 1 of the Regulations Implementing the United Nations Resolutions on South Sudan^{footnote 13} are replaced by the following:

Focal Point for De-listing means the Focal Point for De-listing established under Resolution 1730 (2006) of December 19, 2006, adopted by the Security Council. (point focal pour les demandes de radiation)
Security Council Resolution 2206 means Resolution 2206 (2015) of March 3, 2015, adopted by the Security Council. (résolution 2206 du Conseil de sécurité)

(2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

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

29 Sections 4 to 7 of the Regulations are replaced by the following:

Assisting in a prohibited activity

4 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 section 3.

Obligations

Duty to determine

5 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.

Duty to disclose — RCMP or CSIS

6 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 5 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).

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).

Applications

Exemption

7 (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.

Certificate

30 Subparagraph 8(2)(c)(i) of the Regulations is replaced by the following:

(i) was created or issued before the person became a designated person;

31 Sections 9 to 11 of the Regulations are replaced by the following:

Certificate — parties to contract

9 (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 a transfer from a designated person or to permit a designated person to make payments or to carry out the transfer.

Certificate — time period

(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.

Mistaken identity

10 (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.

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.

Disclosure of Information

Disclosure by official

11 (1) An official may, for the purpose of responding to a request from the Security Council, the Committee of the Security Council, the Panel of Experts or the Focal Point for De-listing, disclose personal information to the Minister.

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 Committee of the Security Council, the Panel of Experts or the Focal Point for De-listing.

Application Before Publication

32 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

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Economic sanctions include commercial and financial penalties applied by one or more countries against a targeted state, designated persons from that state, or non-state actors such as terrorist organizations. An economic sanction regulation may impose travel, export and import restrictions with a particular state; an arms embargo; an asset freeze on property in Canada held by the state or its nationals; and otherwise restrict economic activity with a particular foreign market, or with particular persons in that market. Sanctions measures may target specific aspects of the economy of a foreign state, or apply more broadly, depending on the circumstances the sanctions seek to address.

Following a threat to or breach of the peace or an act of aggression, the United Nations Security Council may decide what measures United Nations (UN) Member States shall take to restore or maintain international peace and security. These measures are generally economic and trade sanctions. These decisions impose legal obligations on Canada as a UN Member State to introduce the required measures into domestic law. Canada does this by enacting regulations under the United Nations Act (UNA). Regulations made under the UNA currently impose sanctions on 13 countries as well as on terrorist entities, including Al-Qaida and the Taliban.

There are a number of non-substantive errors, omissions and inconsistencies across the UNA regulations, including several identified by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR). In particular, the SJCSR identified certain provisions that, where possible, ought to resemble provisions in the regulations that apply sanctions to other countries. The SJCSR identified other non-substantive issues in the UNA regulations, which may be addressed by the Governor in Council in the future.

Objectives

The amendments have the following objectives:

to harmonize terms used in UNA regulations with those used in the enabling statute or across the UNA regulations;
to add clarity to regulatory provisions as suggested by the SJCSR;
to correct typographical or grammatical errors;
to repeal obsolete or spent regulatory provisions which have no current application; and
to update references to United Nations Security Council Resolutions.

Description

The Regulations Amending Certain Regulations Made Under the United Nations Act (the Regulations) amend economic sanctions regulations made under the UNA in the following ways:

Harmonize regulatory provisions

Harmonize the wording in the “Duty to Determine” provisions, which require financial institutions to determine whether they are in possession or control of property of a designated person, across UNA regulations. The most recent Regulations, the Regulations Implementing the United Nations Resolutions on Mali (SOR/2018-203) [the UN Mali Regulations], served as the model.
Harmonize the wording in the “Duty to Disclose” provisions, which require persons in Canada and Canadians outside of Canada to disclose to the Royal Canadian Mounted Police or the Canadian Security Intelligence Service if they are in possession or control of property of a designated or listed person, across the UNA regulations. The UN Mali Regulations served as the model.
Harmonize the “exemption certificate” provisions, as well as the mistaken identity certificate provisions, which serve those who suffer from mistaken identity relative to a designated person, using the UN Mali Regulations as the model.
Harmonize all French provisions of the UNA regulations, replacing remaining instances of “permettre l’utilisation” with “rendre disponible” (“make available” in English).
Replace all references to “act or thing” (“acte” en français) with “activity” (“activité” in French) in all affected sections for all UNA regulations.
Replace all references to “causes, assists or promotes” (“occasionne, aide ou favorise” in French) with “causes, assists or facilitates” (“occasionne, aide ou facilite” in French) in all UNA regulations.

Repeal obsolete or spent regulatory provisions

Repeal the de-listing application provisions in section 13 of the Regulations Implementing the United Nations Resolution on Eritrea (SOR/2010-84) and section 9 of the Regulations Implementing the United Nations Resolutions on Somalia (SOR/2009-92) because the United Nations Security Council, not Canada, has authority for these listings and de-listings, and there is a Focal Point at the UN for this purpose.

Update references to United Nations Security Council Resolutions

Repeal section 12 of the Regulations Implementing the United Nations Resolutions on Somalia because the entity to which it refers no longer exists such that the provision is no longer of legal effect.
Remove references to Security Council Resolution 1725 from the Regulations Implementing the United Nations Resolutions on Somalia because upon deletion of section 12, the reference is redundant.
Amend the definitions section of Regulations Implementing the United Nations Resolutions on Somalia to reference all resolutions in a manner consistent with other UNA regulations, and define Security Council Resolution 733 (1992), Security Council Resolution 1356 (2001), and Security Council Resolution 1425 (2002).

“One-for-One” Rule

The “One-for-One” Rule does not apply to the amendments to the UNA regulations, as they impose no additional administrative burden.

Small business lens

The small business lens does not apply to the amendments to the UNA regulations, as there are no costs to small businesses.

Rationale

The Regulations respond to the recommendations made by the SJCSR by achieving greater consistency across economic sanctions regulations, by correcting mistakes, and by repealing obsolete provisions. Unwarranted inconsistencies between similar regulations create uncertainty with regards to the interpretation and application of one sanctions regulation relative to another.

The amendments are non-substantive and technical, serve to improve the regulatory base, and do not impose any costs on the government or stakeholders. Consistent language in individual sanctions regulations improves the integrity of the sanctions regime as a whole. The amendments establish a model for certain types of economic sanctions provisions with which future sanctions may be aligned. The common language changes will also facilitate future substantive updates to country-specific sanctions as required by United Nations Security Council Resolutions.