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On July 2, 2014, the Canada Gazette published Regulations Implementing the United Nations Resolutions on the Central African Republic (SOR/2014-163, June 19, 2014) pursuant to the United Nations Act. The Regulations implement UN Security Council Resolution (UNSCR) 2127 (2013) adopted on December 5, 2013 which imposed an arms embargo against the Central African Republic (CAR), UNSCR 2134 (2014) adopted on January 28, 2014, which imposed a travel ban and asset freeze on individuals or entities designated by the Committee of the Security Council (the Committee) designated under paragraph 57 of UNSCR 2127 and UNSCR 2149 (2014) adopted on April 10, 2014, which authorized the deployment of a new stabilization mission to the CAR led by the United Nations, for whom the arms embargo would not apply.
According to the Regulatory Impact Analysis Statement:
The Regulations prohibit persons in Canada and Canadians outside of Canada from knowingly exporting, selling, supplying or shipping arms and related material, directly or indirectly, and wherever situated, to the CAR or to any person in the CAR. Persons in Canada and Canadians outside of Canada are also prohibited from knowingly providing or transferring, to the CAR or to any person in the CAR, directly or indirectly, technical assistance, financial assistance or other assistance related to: (a) military activities, including the recruitment or provision of armed mercenary personnel; or (b) the provision, manufacture, maintenance or use of arms and related material.
In addition, the Regulations prohibit the owner or master of a Canadian vessel or the operator of an aircraft registered in Canada from knowingly permitting their vessel or aircraft to be used by any person to export, sell, supply or provide any of the items or forms of assistance referred to above, wherever situated or originating.
The Regulations also prohibit any person in Canada and any Canadian outside Canada from knowingly: (a) dealing directly or indirectly, in any property in Canada as of January 28, 2014, or at any time after that date, that is owned or controlled by a designated person, by a person acting on behalf of, or at the direction of, a designated person or by a person owned or controlled by a desig¬nated person; (b) entering into or facilitating, directly or indirectly, any financial transaction related to a dealing referred to in para¬graph (a); (c) providing any financial or other related service in respect of the property referred to in paragraph (a); (d) making any property or any financial or related service available to a desig¬nated person, to a person acting on behalf of, or at the direction of, a designated person or to a person owned or controlled by a desig¬nated person; or (e) making property or any financial or other related service available for the benefit of any person referred to in paragraph (d).
The Regulations include a number of exceptions to the above-noted prohibitions, including supplies intended solely for the use of international forces enumerated in Resolution 2127 (2013) and Resolution 2149 (2014) which have been deployed to the CAR; supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Committee of the Security Council established under Resolution 2127 (2013) [the Commit¬tee]; protective clothing temporarily exported to the CAR by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel; supplies of small arms and other related equipment intended solely for use in international patrols providing security in the Sangha River Tri-national Protected Area for specified purposes; supplies of arms and related material to the CAR security forces that are intended solely for support of or use in security sector reform in the CAR, as approved in advance by the Committee; and any act or thing that has been approved in advance by the Security Council or the Committee. The Regulations also allow a person whose prop¬erty is affected by the prohibitions to apply for a certificate from the Minister of Foreign Affairs to exempt the property from the prohibitions if the property is necessary for basic or extraordinary expenses, or if the property is the subject of a judicial, administra¬tive or arbitral lien or judgment, a hypothec, prior claim, mortgage, charge or security interest.
Canada’s sanctions regulations are enforced by the Royal Canadian Mounted Police and the Canada Border Services Agency.
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