UNITED NATIONS ACTRegulations Implementing the United Nations Resolutions on IranP.C.2007-23520072
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Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1737 (2006) on December 23, 2006;And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in that Resolution 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 Implementing the United Nations Resolution on Iran.InterpretationThe following definitions apply in these Regulations.arms and related material means any type of weapon, ammunition, military vehicle, military equipment or paramilitary equipment, and their spare parts. (armes et matériel connexe)Canadian means a citizen within the meaning of the Citizenship Act, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated by or continued under the laws of Canada or of a province. (Canadien)Committee of the Security Council[Repealed, SOR/2016-14, s. 1]designated person means a person that is designated by the Security Council under paragraph 6(c) of Annex B to Security Council Resolution 2231 or whose name appeared, on July 20, 2015, on the list established under Security Council Resolution 1737, and whose name has since not been removed from that list by the Security Council. (personne désignée)entity means a corporation, a trust, a partnership, a fund, an unincorporated association or organization or a foreign state. (entité)Focal Point for De-listing means the Focal Point for De-listing established under Resolution 1730 (2006) of December 19, 2006 adopted by the Security Council. (point focal pour les demandes de radiation)Guide has the same meaning as the definition Guide in section 1 of the Export Control List. (guide)Iran means the Islamic Republic of Iran and includesany of its political subdivisions;its government and any of its departments or a government or department of its political subdivisions; andany of its agencies or any agency of its political subdivisions. (Iran)Joint Commission means the Joint Commission established in the Joint Comprehensive Plan of Action. (Commission conjointe)Joint Comprehensive Plan of Action means the Joint Comprehensive Plan of Action (S/2015/544) prepared jointly by China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the High Representative of the European Union for Foreign Affairs and Security Policy, and Iran, on July 14, 2015 and endorsed by the Security Council in Security Council Resolution 2231. (Plan d’action global commun)Minister means the Minister of Foreign Affairs. (ministre)official means an individual whois or was employed in the service of Her Majesty in right of Canada or of a province;occupies or occupied a position of responsibility in the service of Her Majesty in right of Canada or of a province; oris or was engaged by or on behalf of Her Majesty in right of Canada or of a province. (fonctionnaire)person means an individual or an entity. (personne)product means any item, material, equipment, good or technology. (produit)property means any real, personal, movable or immovable property. (bien)Security Council means the Security Council of the United Nations. (Conseil de sécurité)Security Council Resolution[Repealed, SOR/2007-105, s. 2]Security Council Resolution 1737 means Resolution 1737 (2006) of December 23, 2006 adopted by the Security Council. (résolution 1737 du Conseil de sécurité)Security Council Resolution 1747[Repealed, SOR/2016-14, s. 1]Security Council Resolution 1803[Repealed, SOR/2016-14, s. 1]Security Council Resolution 1929[Repealed, SOR/2016-14, s. 1]Security Council Resolution 2231 means Resolution 2231 (2015) of July 20, 2015 adopted by the Security Council. (résolution 2231 du Conseil de sécurité)Security Council Resolutions[Repealed, SOR/2016-14, s. 1]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 includes blueprints, technical drawings, photographic imagery, computer software, models, formulas, engineering designs and specifications, technical and operating manuals and any technical information. (données techniques)working day means a day that is not Saturday or a holiday. (jour ouvrable)SOR/2007-105, ss. 2, 4; SOR/2008-118, s. 1; SOR/2010-154, s. 1; SOR/2016-14, s. 1SOR/2023-70, s. 7(F)ApplicationThese Regulations are binding on Her Majesty in right of Canada or a province.ProhibitionsProhibited dealings and activitiesIt is prohibited for any person in Canada or any Canadian outside Canada to knowinglydeal in any property in Canada that is owned, held or controlled, directly or indirectly, by a designated person, by a person acting on behalf of or at the direction of a designated person or by a person that is owned, held or controlled by a designated person;enter into or facilitate any transaction related to a dealing referred to in paragraph (a);provide any financial or related service in respect of a dealing referred to in paragraph (a); ormake any property or any financial or related service available, directly or indirectly, to a designated person, to a person acting on behalf of or at the direction of a designated person or to a person that is owned, held or controlled by a designated person.SOR/2007-105, s. 4; SOR/2008-118, s. 2; SOR/2010-154, s. 2; SOR/2016-14, s. 2Exception — humanitarian assistanceSection 3 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 Iran bythe United Nations, including its programs, funds and other entities and bodies, as well as its specialized agencies and related organizations;international organizations;humanitarian organizations that have been granted observer status by the United Nations General Assembly and members of those humanitarian organizations;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;any other person authorized for that purpose by a United Nations committee established by the Security Council acting within its mandate.SOR/2023-134, s. 6Specific productsIt is prohibited for any person in Canada or any Canadian outside Canada to sell, supply or transfer, directly or indirectly, any of the following products, wherever situated, destined for Iran, for a person acting on behalf of Iran or for any person in Iran:those that appear in Information Circular INFCIRC/254/Rev.12/Part 1, entitled Communication Received from the Permanent Mission of the Czech Republic to the International Atomic Energy Agency regarding Certain Member States’ Guidelines for the Export of Nuclear Material, Equipment and Technology;those that appear in Information Circular INFCIRC/254/Rev.9/Part 2, entitled Communication Received from the Permanent Mission of the Czech Republic to the International Atomic Energy Agency regarding Certain Member States’ Guidelines for Transfers of Nuclear-related Dual-use Equipment, Materials, Software and Related Technology;those identified by the Security Council for the purpose of paragraph 2 of Annex B to Security Council Resolution 2231.[Repealed, SOR/2023-219, s. 1][Repealed, SOR/2023-219, s. 1][Repealed, SOR/2023-219, s. 1][Repealed, SOR/2023-219, s. 1]ExceptionSubsection (1) does not apply to products that appear in section 1 of Annex B to Information Circular INFCIRC/254/Rev.12/Part 1 that are for light-water reactors, or to low-enriched uranium covered by section 1.2 of Annex A to that Information Circular, if it is incorporated into assembled nuclear fuel elements for light-water reactors.Uranium mining and nuclear materials and technologiesIt is prohibited for any person in Canada or any Canadian outside Canada tomake available any property or provide any financial or related services related to uranium mining in Canada, or to the production or the use of nuclear materials and technologies listed in Information Circular INFCIRC/254/Rev.12/Part 1, in Canada, to Iran, to any person in Iran or to any person that is owned, held or controlled, directly or indirectly, by Iran or any person in Iran, or acting on behalf of or at the direction of Iran or any person in Iran; orenter into or facilitate any transaction related to uranium mining in Canada, or to the production or the use of nuclear materials and technologies listed in Information Circular INFCIRC/254/Rev.12/Part 1 in Canada, with Iran, with any person in Iran or with any person that is owned, held or controlled, directly or indirectly, by Iran or any person in Iran, or acting on behalf of or at the direction of Iran or any person in Iran.Technical assistanceIt is prohibited for any person in Canada or any Canadian outside Canada to provide technical assistance to Iran or to any person in Iran related to the sale, supply or transfer of any of the products referred to in subsection (1) or related to the manufacture or use of such a product in Iran or on behalf of Iran.Property and financial servicesIt is prohibited for any person in Canada or any Canadian outside Canada to make available any property or provide financial or related services to Iran or to any person in Iran related to the sale, supply or transfer of any of the products referred to in subsection (1) or related to the manufacture or use of such a product in Iran or on behalf of Iran.SOR/2008-118, s. 3; SOR/2016-14, s. 2SOR/2023-219, s. 1[Repealed, SOR/2023-219, s. 2]Canadian vessel or aircraftIt is prohibited for any owner or master of a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, any operator of an aircraft registered in Canada, or any Canadian owner or master of a vessel or Canadian operator of an aircraft to carry, cause to be carried or permit to be carried any of the products referred to in section 4, wherever situated, destined for Iran, for any person in Iran or for any person acting on behalf of or at the direction of Iran or any person in Iran.SOR/2016-14, s. 2SOR/2023-219, s. 2Assisting in a prohibited activityIt 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 3 to 6.SOR/2007-105, s. 3; SOR/2010-154, s. 3; SOR/2016-14, s. 2SOR/2019-60, s. 13ObligationsDuty to determineThe 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: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;cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;foreign companies, as defined in subsection 2(1) of the Insurance Companies Act, in respect of their insurance activities in Canada;companies, provincial companies and societies, as those terms are defined in subsection 2(1) of the Insurance Companies Act;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;companies regulated by the Trust and Loan Companies Act;trust companies regulated by a provincial Act;loan companies regulated by a provincial Act;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; andentities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services.SOR/2007-105, s. 3; SOR/2008-118, s. 4; SOR/2010-154, s. 3; SOR/2016-14, s. 2SOR/2019-60, s. 13Duty to disclose — RCMP or CSISEvery person in Canada, every Canadian outside Canada and every entity set out in section 8 must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Servicethe 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; andany information about a transaction or proposed transaction in respect of property referred to in paragraph (a).ImmunityNo proceedings under the United Nations Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1).SOR/2008-118, s. 5; SOR/2010-154, s. 4(E); SOR/2016-14, s. 2SOR/2019-60, s. 13[Repealed, SOR/2016-14, s. 2][Repealed, SOR/2016-14, s. 2]ApplicationsExemptionA person that wishes to do an act or thing that is prohibited under these Regulations may, before doing the act or thing, apply to the Minister in writing for a certificate to exempt the act or thing from the application of the Regulations.CertificateThe Minister may issue the certificate if the Security Council did not intend that such an act or thing be prohibited or if it is established that the requirements of Security Council Resolution 2231 have been met, and, if required by that resolution, that the Security Council has approved the act or thing in advance.SOR/2010-154, s. 6; SOR/2016-14, s. 2Exemption for propertyA person whose property has been 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 propertyis 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;is necessary for the civil nuclear cooperation projects described in Annex III to the Joint Comprehensive Plan of Action; oris necessary for any activity required for the implementation of the Joint Comprehensive Plan of Action.Certificate — paragraph 1(a)If it is established in accordance with Security Council Resolution 2231 that 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, the Minister must issue a certificate within the following timelines:within 15 working days after receiving the application, in the case of property necessary for basic expenses, if the Security Council does not oppose the application;within 30 working days after receiving the application, in the case of property necessary for extraordinary expenses, if the Security Council approves the application; andwithin 90 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 thatwas created or issued before the coming into force of these Regulations;is not for the benefit of a designated person; andhas been brought to the attention of the Security Council by the Minister.Certificate — paragraphs (1)(b) and (c)If it is established that the property is necessary for one of the projects or activities referred to in paragraph 1(b) or (c), the Minister must advise the Security Council of his or her intention to issue a certificate and, if the Security Council approves the project or activity, the Minister may issue the certificate.SOR/2016-14, s. 2Certificate — parties to contractA 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.Certificate — time periodThe Minister must issue a certificate within 90 days after receiving the application and at least 10 working days after advising the Security Council of his or her intention to issue the certificate, if it is established thatthe contract was entered into or the transfer occurred prior to any party becoming a designated person;the contract does not relate to an activity set out in any of subsections 4(1) and (3) to (5); andthe 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.SOR/2016-14, s. 2SOR/2019-60, s. 14Mistaken identityA 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.Determination by MinisterWithin 45 days after receiving the application, the Minister must,if it is established that the applicant is not the designated person, issue the certificate; orif it is not so established, provide notice to the applicant of his or her determination.SOR/2007-105, s. 4; SOR/2016-14, s. 2SOR/2019-60, s. 15Disclosure of InformationDisclosure by officialAn official may, for the purpose of responding to a request from the Security Council, the Joint Commission or the Focal Point for De-listing, disclose personal information to the Minister.Disclosure by MinisterThe 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 Joint Commission or the Focal Point for De-listing.SOR/2007-105, s. 4; SOR/2016-14, s. 2Legal ProceedingsProhibition — legal proceedingsNo legal proceedings lie in Canada at the instance of the Government of Iran, of any person in Iran, of a designated person or of any person claiming through or acting on behalf of any such person in connection with any contract or other dealing if its performance was prevented in any way by these Regulations.SOR/2008-118, s. 6(E); SOR/2016-14, s. 2[Repealed, SOR/2016-14, s. 2][Repealed, SOR/2016-14, s. 2][Repealed, SOR/2016-14, s. 2][Repealed, SOR/2016-14, s. 2][Repealed, SOR/2016-14, s. 2][Repealed, SOR/2016-14, s. 2][Repealed, SOR/2016-14, s. 2][Repealed, SOR/2016-14, s. 2]RELATED PROVISIONS
— SOR/2007-105, s. 6For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2010-154, s. 7For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2016-14, s. 3For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.
— SOR/2019-60, s. 32For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.
— SOR/2023-219, s. 3For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.SOR/2023-2192023-10-18SOR/2023-1342023-06-19SOR/2023-702023-03-31SOR/2019-602019-03-04