Regulations Implementing the United Nations Resolutions on Sudan (SOR/2004-197)

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 2 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 working days after receiving the application and at least 10 working days after advising the Committee of the Security Council of the intention to issue the certificate, if it is established that

  • (a) the contract was entered into or the transfer was 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 designated 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) issue the certificate, if it is established that the applicant is not the designated person; or

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

Personal Information

Marginal note:Communication by Minister

• 15 (1) The Minister may, for the purpose of enforcing these Regulations or fulfilling any obligation under a resolution of the Security Council with respect to Sudan or to respond to a request from the Security Council or any of its subsidiary organs, disclose any personal information to an official or the Security Council or any of its subsidiary organs.

• Marginal note:Receipt of information

  (2) An official may receive any personal information disclosed to them under subsection (1).

• Marginal note:Communication by official

  (3) An official may, for the purpose of enforcing these Regulations or fulfilling any obligation under a resolution of the Security Council with respect to Sudan or to respond to a request from the Security Council or any of its subsidiary organs, disclose any personal information to the Minister.

16 [Repealed, SOR/2020-122, s. 3]