Regulations Implementing the United Nations Resolutions on Yemen (SOR/2014-213)

Applications

Marginal note:Exemption

• 10 (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 must 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

• 11 (1) A person whose property is affected by the application of section 3 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 2140 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.

Marginal note: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.

• 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

• 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.

• Marginal note:Determination by Minister

  (2) Within 45 working 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

Marginal note:Disclosure by official

• 14 (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.

• Marginal note: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.

Legal Proceedings

Marginal note:Prohibition — legal proceedings

15 No legal proceedings lie in Canada at the instance of the Government of Yemen, of any person in Yemen, of a designated person or of any person claiming through or acting on behalf of or for the benefit of any such person in connection with any contract or other dealing if its performance was prevented in any way by these Regulations.