Regulations Implementing the United Nations Resolutions on the Central African Republic (SOR/2014-163)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

armed mercenary

armed mercenary means any person who

• (a) is specially recruited to use arms and related material in the Central African Republic or uses arms and related material in the Central African Republic;

• (b) is motivated essentially by the desire for private gain;

• (c) is not a member of the armed forces of the Central African Republic; and

• (d) is not sent to the Central African Republic by a state on official duty as a member of that state’s armed forces. (mercenaire armé)

armed mercenary personnel

armed mercenary personnel[Repealed, SOR/2023-70, s. 9]

arms and related material

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

BINUCA

BINUCA[Repealed, SOR/2020-116, s. 1]

Canadian

Canadian means a citizen within the meaning of the Citizenship Act or an entity established, incorporated or continued by or under the laws of Canada or of a province. (Canadien)

CAR

CAR[Repealed, SOR/2020-116, s. 1]

Central African Republic

Central African Republic includes

• (a) its political subdivisions;

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

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

Committee of the Security Council

Committee of the Security Council means the Committee of the Security Council of the United Nations established under paragraph 57 of Resolution 2127 (2013) of December 5, 2013, adopted by the Security Council. (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 Resolution 2134 (2014) of January 28, 2014, adopted by the Security Council. (personne désignée)

entity

entity includes a corporation, trust, partnership, fund, unincorporated association or organization or a foreign state. (entité)

MICOPAX

MICOPAX[Repealed, SOR/2020-116, s. 1]

military activities

military activities means any activities conducted by state armed forces, non-state armed forces or armed mercenaries and any activities that support the operational capabilities of an armed group. (activités militaires)

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[Repealed, SOR/2020-116, s. 1]

official

official means a person who

• (a) is or was employed in the service of Her Majesty in right of Canada or of a province;

• (b) occupies or occupied a position of responsibility in the service of Her Majesty in right of Canada or of a province; or

• (c) is or was engaged by or on behalf of Her Majesty in right of Canada or of a province. (fonctionnaire)

person

person means an individual or entity. (personne)

property

property[Repealed, SOR/2020-116, s. 1]

Security Council

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

Security Council Resolution 2127

Security Council Resolution 2127[Repealed, SOR/2020-116, s. 1]

Security Council Resolution 2134

Security Council Resolution 2134[Repealed, SOR/2020-116, s. 1]

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[Repealed, SOR/2020-116, s. 1]

working day

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

Prohibitions

Marginal note:Prohibited activities

• 2 (1) 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 or acquire any financial or related services in respect of a dealing referred to in paragraph (a);

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

  • (e) provide any financial or related services to or for the benefit of any person referred to in paragraph (d) or acquire any such services from or for the benefit of any such person.

• Marginal note:Payments

  (2) Subsection (1) does not prohibit the payment of interest or other earnings to a designated person if

  • (a) the payment is the result of a dealing or transaction that occurred before the person became a designated person; and

  • (b) the amount paid becomes subject to subsection (1).

Marginal note:Exception — humanitarian assistance

2.1 Section 2 does not prohibit the provision, processing or payment of funds, other financial assets or economic resources or the provision of goods and services that are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs in the Central African Republic by

• (a) the United Nations, including its programs, funds and other entities and bodies, as well as its specialized agencies and related organizations;

• (b) international organizations;

• (c) humanitarian organizations that have been granted observer status by the United Nations General Assembly and members of those humanitarian organizations;

• (d) bilaterally or multilaterally funded non-governmental organizations that are participating in any United Nations humanitarian response plan, refugee response plan or other United Nations appeals for assistance or in groups of humanitarian organizations coordinated by the United Nations Office for the Coordination of Humanitarian Affairs, including the employees, grantees, subsidiaries and implementing partners of those non-governmental organizations while acting in those capacities;

• (e) any other person authorized for that purpose by a United Nations committee established by the Security Council acting within its mandate.

Marginal note:Embargo — arms and related material

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

• (a) export, sell, supply or transfer, directly or indirectly, arms and related material, wherever situated, to the Central African Republic or to any person in the Central African Republic; or

• (b) provide, directly or indirectly, technical assistance or financial assistance related to the sale, supply, transfer, manufacture, maintenance or use of arms and related material to the Central African Republic or to any person in the Central African Republic.

Marginal note:Embargo — military activities

4 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide, directly or indirectly, to the Central African Republic or any person in the Central African Republic

• (a) technical assistance or financial assistance related to military activities; or

• (b) armed mercenaries.

Marginal note:Embargo — transport

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 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, arms and related material that are destined for the Central African Republic or a person in the Central African Republic.

Marginal note:Exception — non-lethal military equipment

• 6 (1) Sections 3 and 5 do not apply to non-lethal military equipment intended solely for humanitarian or protective use, if the Committee of the Security Council has been notified in advance of its intended use.

• Marginal note:Exception — protective clothing

  (2) Sections 3 and 5 do not apply to protective clothing, including flak jackets and military helmets, that is temporarily exported to the Central African Republic by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, solely for their personal use.

Marginal note:Exception — various entities

• 7 (1) Section 3, paragraph 4(a) and section 5 do not apply to an activity that is intended solely for the support of MINUSCA, the European Union training missions deployed in the Central African Republic, French forces and the forces of other member states who provide assistance and training to the Central African Republic, if the Committee of the Security Council has been notified in advance of the activity.

• Marginal note:Exception — notice

  (2) If the Committee of the Security Council has been notified in advance, section 3, paragraph 4(a) and section 5 do not apply to the supply of

  • (a) small arms and other related equipment intended solely for use by international-led patrols providing security in the Sangha River Tri-national Protected Area and by armed wildlife rangers of the Chinko Project and the Bamingui-Bangoran National Park to defend against poaching, smuggling of ivory and arms and other activities contrary to the national laws of the Central African Republic or its international legal obligations; or

  • (b) non-lethal military equipment and related technical assistance to the Central African Republic security forces, including state civilian law enforcement institutions, intended solely for support of or use in the Central African Republic’s Security Sector Reform, in coordination with MINUSCA.

Marginal note:Exception — Central African Republic

• 8 (1) Section 3, paragraph 4(a) and section 5 do not apply to the supply of arms and related material that are intended for Central African Republic security forces, which includes state civilian law enforcement institutions, and that are only to be used in or to support the Central African Republic’s Security Sector Reform, if the Committee of the Security Council has approved the activity in advance.

• Marginal note:Arms calibre of 14.5 mm or less

  (2) Despite (1), with respect to arms with a calibre of 14.5 mm or less and ammunition and components specially designed for such arms, unarmed ground military vehicles and ground military vehicles mounted with weapons with a calibre of 14.5 mm or less, only advance notice to the Committee of the Security Council is required.

Marginal note:Exception — advance approval

9 Section 3, paragraph 4(a) and section 5 do not apply to an activity that has been approved in advance by the Committee of the Security Council.

Marginal note:Assisting in 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 2 to 5.