Vol. 138, No. 15 July 28, 2004

Registration
SOR/2004-160 7 July, 2004

UNITED NATIONS ACT

Regulations Amending the United Nations Afghanistan Regulations

P.C. 2004-775 7 July, 2004

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Security Council Resolution 1390 (2002) on January 16, 2002 and Security Council Resolution 1526 (2004) on January 30, 2004;

And whereas it appears to the Governor in Council to be necessary to make regulations 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, hereby makes the annexed Regulations Amending the United Nations Afghanistan Regulations.

REGULATIONS AMENDING THE UNITED NATIONS AFGHANISTAN REGULATIONS

AMENDMENTS

1. The title of the French version of the United Nations Afghanistan Regulations (see footnote 1) is replaced by the following:

RÈGLEMENT D'APPLICATION DES RÉSOLUTIONS DES NATIONS UNIES SUR L'AFGHANISTAN

2. (1) The definition "designated territory" in section 1 of the Regulations is repealed.

(2) The definition "Usama bin Laden ou ses associés" in section 1 of the French version of the Regulations is repealed.

(3) The definitions "Committee of the Security Council", "property", "Security Council Resolutions" and "Taliban" in section 1 of the Regulations are replaced by the following:

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

"property" means property of every description and documents relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods, and includes any funds, financial assets or economic resources. (bien)

"Security Council Resolutions" means Resolution 1267 (1999) of October 15, 1999, Resolution 1333 (2000) of December 19, 2000, Resolution 1390 (2002) of January 16, 2002, and Resolution 1526 (2004) of January 30, 2004, adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

"Taliban" means the political/military group — and any person associated with it according to the Committee of the Security Counsel — formerly headquartered in Kandahar, Afghanistan, that exercised de facto control over parts of the territory of Afghanistan, referred to as the "Islamic Emirate of Afghanistan", known in Pashtun as "de Afghanistan Islami Emarat" or in Dari as "Emarat Islami-e-Afghanistan". (Taliban)

(4) The definition of "Usama bin Laden or his associates" in section 1 of the English version of the Regulations is replaced by the following:

"Usama bin Laden or his associates" means Usama bin Laden or any person associated with him according to the Committee of the Security Council, including members of the Al-Qaida organization. (Oussama ben Laden ou ses associés)

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

" Oussama ben Laden ou ses associés " Oussama ben Laden ou toute personne qui lui est liée selon le Comité du Conseil de sécurité, ainsi que les membres de l'organisation Al-Qaida. (Usama bin Laden or his associates)

3. Sections 3 to 3.4 of the Regulations are repealed.

4. The portion of section 4 of the Regulations before paragraph (a) is replaced by the following:

4. No person in Canada and no Canadian outside Canada shall knowingly

5. (1) The portion of section 4.1 of the Regulations before paragraph (a) is replaced by the following:

4.1 No person in Canada and no Canadian outside Canada shall knowingly

(2) Paragraph 4.1(a) of the French version of the Regulations is replaced by the following:

a) d'effectuer sciemment, directement ou indirectement, une opération portant sur un bien appartenant à Oussama ben Laden ou à ses associés, ou contrôlé par eux ou pour leur compte, ou par une entité leur appartenant ou contrôlée par eux;

(3) Section 4.1 of the Regulations is amended by deleting the word "or" at the end of paragraph (b) and by replacing paragraph (c) by the following:

(c) provide any financial services or any other services in respect of any property referred to in paragraph (a), to or for the benefit of, or on the direction or order of, Usama bin Laden or his associates or any entity owned or controlled by Usama bin Laden or his associates; or

(d) make any property — other than the necessaries of life — available, directly or indirectly, to any person referred to in paragraph (a) or for their benefit.

6. Sections 4.2 to 5 of the Regulations are replaced by the following:

4.2 No person in Canada and no Canadian outside Canada shall knowingly, directly or indirectly, export, sell, supply or ship arms and related material, wherever situated, to the Taliban or Usama bin Laden or his associates.

4.3 No owner or master of a Canadian ship and no operator of an aircraft registered in Canada shall knowingly, directly or indirectly, carry, cause to be carried or permit to be carried arms and related material, wherever situated, destined for the Taliban or Usama bin Laden or his associates.

4.4 No person in Canada and no Canadian outside Canada shall knowingly provide, directly or indirectly, to the Taliban or Usama bin Laden or his associates technical assistance related to military activities.

5. No person in Canada and no Canadian outside Canada shall knowingly do anything that causes, assists or promotes, or is intended to cause, assist or promote, any act or thing prohibited by any of sections 4 to 4.4.

7. The heading before section 6 and sections 6 and 7 of the Regulations are replaced by the following:

EXCEPTION

6. No person contravenes these Regulations by doing an act or thing prohibited by any of sections 4 to 5 if, before the person does that act or thing, the Minister of Foreign Affairs issues a certificate to the person stating that

(a) the Security Council Resolutions do not intend that such an act or thing be prohibited; or

(b) the act or thing has been approved by the Security Council of the United Nations or by the Committee of the Security Council.

8. The schedule to the Regulations is repealed.

COMING INTO FORCE

9. 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.)

Description

On October 15, 1999, the United Nations Security Council, acting pursuant to Chapter VII of the United Nations Charter, adopted Resolution 1267 which required Members States to impose restrictions related to the operation of Taliban aircraft and an asset freeze on the property of the Taliban. Under Resolution 1333 (2000) adopted on December 19, 2000, the Security Council strengthened the sanctions already imposed on the Taliban regime of Afghanistan and imposed a freeze of the assets of Usama bin Laden and of entities and individuals associated with him, as designated in a list established by the Security Council Committee established pursuant to Resolution 1267 (1999). Resolution 1333 also required Member States to close all Taliban offices, restricted air travel and flights to designated territories under Taliban control, and imposed an arms embargo and a ban on the export of the chemical acetic anhydrid to designated territory under Taliban control.

Canada implemented these sanctions by adopting the United Nations Afghanistan Regulations (SOR/99-444) as amended, in order to meet Canada's international obligations as set out in Security Council Resolutions 1267 (1999) and 1330 (2000).

On January 16, 2002, the United Nations Security Council adopted Resolution 1390 (2002), which requires Members States to freeze the assets, prevent the entry into or transit through their territories, and to prevent the supply, sale and transfer of arms and related material to Usama bin Laden, members of the Al-Qaida organization and the Taliban and others associated with them as designated by the Security Council Committee established pursuant to Resolution 1267 (1999). The restrictions on flights to designated territories under Taliban control, Taliban aircraft and offices, and the ban on the export of the chemical acetic anhydrid were terminated since the Taliban regime in Afghanistan had collapsed. On January 30, 2004, the Security Council adopted Resolution 1526 (2004) to continue and improve the implementation of the measures imposed by the previous resolutions.

The Governor General in Council approved the Regulations Amending the United Nations Afghanistan Regulations in order to meet Canada's international obligations as set out in Security Council Resolutions 1390 (2002) and 1526 (2004).

Alternatives

The United Nations Act is the appropriate legislative authority to implement these measures.

Benefits and Costs

These measures require action by financial institutions in Canada that may result in costs.

Consultation

The Departments of Justice and Finance were consulted.

Compliance and Enforcement

Compliance is ensured by the Royal Canadian Mounted Police. Every person who contravenes provisions of the Regulations is liable, upon conviction, to the punishments set out in section 3 of the United Nations Act.

Contacts

Johanne Forest
United Nations, Human Rights and Economic Law Division (JLH)
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: (613) 995-1108
FAX: (613) 992-2467
E-mail: johanne.forest@dfait-maeci.gc.ca

Nadia Ahmad
International Crime Division
Department of Foreign Affairs and International Trade
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: (613) 944-1060
FAX: (613) 944-4827
E-mail: nadia.ahmad@dfait-maeci.gc.ca

Footnote 1

SOR/99-444

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