Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) (SOR/2006-287)

11.2 [Repealed, SOR/2016-278, s. 2]

Marginal note:Embargo — carriage

• 12 (1) It is prohibited for any owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, or any operator of an aircraft registered in Canada or any Canadian owner or master of a vessel or Canadian operator of an aircraft to knowingly carry, cause to be carried or permit to be carried any of the products referred to in subsections 8(1) to (3) or any bulk cash that is destined for the DPRK or for any person in the DPRK.

• Marginal note:Carriage from DPRK — products referred to in subsections 10(1) to (7)

  (2) It is also prohibited for any such owner, master or operator to knowingly carry, cause to be carried or permit to be carried, from the DPRK, any of the products referred to in any of subsections 10(1) to (7) or any bulk cash.

Marginal note:Exception — export

• 13 (1) Subsection 12(1) does not apply if the Committee of the Security Council has been given notice in advance of the transport of a product that has been the subject of an advance approval referred to in subsection 9(1).

• Marginal note:Exception — import

  (2) Subsection 12(2) does not apply if the Committee of the Security Council has been given notice in advance of the transport of a product that has been the subject of an advance approval referred to in section 11.

Marginal note:Maintaining vessel

• 14 (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide products or services for the operation or maintenance of any vessel, including with respect to stevedoring and lighterage, if the vessel has been identified by the competent authorities as one that is carrying any of the products referred to in subsections 8(1) to (3) and 10(1) to (7), unless it is necessary to do so for the safeguarding of human life or for the vessel to return to its port of origin.

• Marginal note:Crew services

  (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide a Canadian-flagged vessel or aircraft, or crew services for any vessel or aircraft, to the DPRK, to any person in the DPRK, 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 by a designated person.

• Marginal note:Crew services from DPRK

  (3) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly procure vessel or aircraft crew services from the DPRK or from any person in the DPRK.

• Marginal note:Vessels

  (4) It is prohibited for any person in Canada or any Canadian outside Canada to

  • (a) register a vessel in the DPRK;

  • (b) obtain authorization for a vessel to fly the DPRK flag;

  • (c) own, lease or operate, directly or indirectly, any DPRK-flagged vessel;

  • (d) insure or reinsure any DPRK-flagged vessel or any vessel owned, held, controlled or operated, directly or indirectly, by the DPRK or any other vessel identified by the competent authorities as one that has transported any of the products referred to in any of subsections 8(1) to (3) and 10(1) to (7); or

  • (e) provide any vessel classification, certification or related service for any DPRK-flagged vessel.

Marginal note:Exceptions — case by case

15 Section 14 does not apply to an activity if the Committee of the Security Council has approved the activity in advance.

15.1 [Repealed, SOR/2016-278, s. 2]

Marginal note:Assisting in prohibited activity

16 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 2, subsection 3(1), sections 4 and 6, subsection 7(1), sections 8, 10, 12 and 14.

Obligations

Marginal note:Airports

• 17 (1) The authority that is responsible for an airport or its operator must refuse to allow an aircraft to land if the Minister advises the Authority that the Minister has information in his or her possession allowing him or her to conclude that the aircraft is in contravention of subsection 12(1) or (2) or that it is an aircraft of the DPRK.

• Marginal note:Ports

  (2) The authority that is responsible for a port or its operator must refuse to allow a vessel to dock if the Minister advises the port or its operator that the Minister has information in his or her possession allowing him or her to conclude that the vessel is in contravention of subsection 12(1) or (2) or that it is a vessel of the DPRK.

• Marginal note:Exceptional circumstances

  (3) Subsections (1) and (2) do not apply if it is necessary for the aircraft or vessel to land or dock for the safeguarding of human life, for inspection under a federal Act or for the aircraft or vessel to return to its point of origin.

Marginal note:Registration of vessels

• 18 (1) The Chief Registrar who is responsible for maintaining the Canadian Register of Vessels under Part 2 of the Canada Shipping Act, 2001, must not register or must cancel the registration of a vessel if

  • (a) the vessel is designated by the Committee of the Security Council under Security Council Resolution 1718;

  • (b) the Chief Registrar has been notified that the vessel’s registration has been cancelled by a Member State of the United Nations under paragraph 24 of Security Council Resolution 2321; or

  • (c) the Chief Registrar has been notified of the Minister’s decision, based on reasonable grounds, that the vessel is

    • (i) owned, held or controlled by the DPRK, or

    • (ii) used for activities prohibited by these Regulations.

• Marginal note:Approval by Committee of Security Council

  (2) Paragraphs 1(a) and (b) do not apply if the Committee of the Security Council has given approval in advance for the registration.

Marginal note:Duty to determine

19 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

• 20 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 19 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).

Applications

Marginal note:Exemption

• 21 (1) A person that wishes to engage in any activity that is prohibited under these Regulations must, 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 must issue the certificate if the Security Council did not intend that the activity be prohibited or if the Security Council or the Committee of the Security Council has approved the activity in advance.

Marginal note:Basic or extraordinary expenses

• 22 (1) A person whose property is affected by the application of section 2 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 1718 that the property is necessary for basic or extraordinary expenses or that it 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 necessary for basic expenses, if the Committee of the Security Council did not oppose the application;

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