GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK)
Security Council Resolution 2371 means Resolution 2371 (2017) of August 5, 2017 adopted by the Security Council. ( résolution 2371 du Conseil de sécurité )
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK)
Security Council Resolution 2375 means Resolution 2375 (2017) of September 11, 2017 adopted by the Security Council. ( résolution 2375 du Conseil de sécurité )
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK)
Security Council Resolution 2397 means Resolution 2397 (2017) of December 22, 2017 adopted by the Security Council. ( résolution 2397 du Conseil de sécurité )
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK)
Security Council Resolutions means Security Council Resolution 1718, Security Council Resolution 1874, Security Council Resolution 2087, Security Council Resolution 2094, Security Council Resolution 2270, Security Council Resolution 2321, Security Council Resolution 2356, Security Council Resolution 2371, Security Council Resolution 2375 and Security Council Resolution 2397. ( résolutions du Conseil de sécurité )
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK)
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 )
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK)
technical data [Repealed, SOR/2016-278, s. 1]
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK)
working day means a day that is neither a Saturday nor a holiday. ( jour ouvrable )
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 2
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 or entity referred to in paragraph (d) or acquire any such services from or for the benefit of any such person or entity. Cash (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly supply or transfer, directly or indirectly, any bulk cash that is destined for the DPRK, for any person in the DPRK or for any national or to knowingly receive any bulk cash from the DPRK, from any person in the DPRK or from any national. SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 3
Real property 3 (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly sell or lease or otherwise make available real property to the DPRK, to a national or to any person acting on behalf or at the direction of the DPRK or a national. Embassies and consulates (2) Subsection (1) does not apply to real property that is located in Canada and used exclusively for diplomatic or consular activities or to activities within the meaning of the Vienna Convention on Diplomatic Relations. Application (3) For greater certainty, only the renewal of a lease that was entered into before the coming into force of these Regulations is subject to subsection (1) and that subsection does not apply to a lease that provided for that renewal. SOR/2009-232, s. 13(E); SOR/2013-219, ss. 6, 12(F); SOR/2016-278, s. 2; SOR/2018-1, s. 2 SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 4
Providing financial or related services 4 (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide financial or related services that are intended to facilitate trade with the DPRK to the DPRK, to any person in the DPRK or to a person acting on behalf of or at the direction of the DPRK or any person in the DPRK . Accepting financial or related services (2) It is prohibited for any person in Canada or any Canadian outside Canada to accept any financial or related services that are intended to facilitate trade with the DPRK from the DPRK, from any person in the DPRK or from a person acting on behalf of or at the direction of the DPRK or any person in the DPRK. SOR/2009-232, s. 3; SOR/2013-219, s. 7; SOR/2016-278, s. 2; SOR/2018-1, s. 3 SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 5
Exception — diplomatic missions 5 Sections 2 and 4 do not apply to an activity that is intended solely for the support of diplomatic or consular missions in the DPRK and that is conducted by or in coordination with the United Nations, even if that activity involves the Foreign Trade Bank of the DPRK or the Korea National Insurance Corporation. SOR/2009-232, ss. 4, 13(E); SOR/2013-219, ss. 8, 12(F); SOR/2016-278, s. 2; SOR/2018-1, s. 4 SOR/2020-119, s. 2 SOR/2023-134, s. 5
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 5.1
Exception — humanitarian assistance 5.1 Sections 2 and 4 do 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 DPRK 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. SOR/2023-134, s. 5
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 5.2
Exception — advance approval 5.2 Sections 2 and 4 do not apply to an activity if the Committee of the Security Council has approved the activity in advance. SOR/2023-134, s. 5
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 6
Prohibited activities — entities referred to in section 19 6 It is prohibited for any entity referred to in section 19 to open a new office, branch, subsidiary or bank account in the DPRK. SOR/2009-232, s. 5; SOR/2013-219, s. 9; SOR/2016-278, s. 2; SOR/2018-1, s. 5; SOR/2018-2, s. 2 SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 7
Joint ventures and cooperative entities 7 (1) It is prohibited for any person in Canada or any Canadian outside Canada to form, maintain or operate a joint venture or a cooperative entity with the DPRK or with any person in the DPRK. Maintaining operations (2) A joint venture or cooperative entity may continue to operate, however, if the Committee of the Security Council has approved the maintenance of the operation. SOR/2009-232, s. 13(E); SOR/2013-219, s. 10; SOR/2016-278, s. 2; SOR/2018-1, s. 6; SOR/2018-2, s. 3 SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 9
Exception — exportation 9 (1) Subsections 8(1) to (3) do not apply to an activity if the Committee of the Security Council has approved the activity in advance. Exception — technical assistance and training (2) Subsections 8(4) and (5) do not apply to an activity if the Committee of the Security Council has approved the activity in advance. SOR/2009-232, s. 6(F); SOR/2016-278, s. 2; SOR/2018-1, s. 8; SOR/2018-2, s. 5 SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 10
Embargo — prohibited acquisitions 10 (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire any vessel or any of the products referred to in paragraph 8(1)(a) or subsections 8(2) and (3), wherever situated, from the DPRK or from any person in the DPRK. Coal, minerals and wood (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire any of the following products, wherever situated, from the DPRK or from any person in the DPRK: (a) any salt, sulphur, earths and stone, plastering materials, lime, cement and other materials referred to in HS code 25; (b) coal, iron, iron ore, gold, titanium ore, vanadium ore, rare earth minerals, copper, nickel, silver, zinc, lead and lead ore; (c) any wood, articles of wood and wood charcoal referred to in HS code 44. Statues (3) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire statues, wherever situated, from the DPRK or from any person in the DPRK. Seafood (4) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire seafood, including fish, crustaceans, mollusks and other aquatic invertebrates, wherever situated, or to acquire fishing rights related to such products by transfer or other means, from the DPRK or from any person in the DPRK. Food and agricultural products (5) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire the products referred to in HS code 7, HS code 8 and HS code 12, wherever situated, from the DPRK or from any person in the DPRK. Textiles (6) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire textiles, including fabrics and partially or fully assembled apparel products, wherever situated, from the DPRK or from any person in the DPRK. Machinery, appliances and electrical equipment (7) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire the machinery, mechanical appliances and electrical equipment referred to in HS codes 84 and 85, wherever situated, from the DPRK or from any person in the DPRK. Technical assistance and training (8) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly receive any technical assistance or teaching or training related to the purchase, acquisition, manufacture, use or maintenance of any of the products referred to in paragraph 8(1)(a) or subsections 8(2) and (3) from the DPRK, from any person in the DPRK or from any national. SOR/2016-278, s. 2 SOR/2019-60, s. 11 SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 11
Exception — importation 11 Subsections 10(1) to (7) do not apply to an activity if the Committee of the Security Council has approved the activity in advance. SOR/2016-278, s. 2; SOR/2018-1, s. 9 SOR/2019-60, s. 11 SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 12
Embargo — carriage 12 (1) It is prohibited for any 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 any of the products referred to in subsections 8(1) to (3) or any bulk cash that is destined for the DPRK or for any person in the DPRK. Carriage from DPRK — products referred to in subsections 10(1) to (7) (2) It is also prohibited for any such owner, master or operator to knowingly carry, cause to be carried or permit to be carried, from the DPRK, any of the products referred to in any of subsections 10(1) to (7) or any bulk cash. SOR/2009-232, s. 8; SOR/2016-278, s. 2; SOR/2018-1, s. 10(F) SOR/2019-60, s. 11 SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 13
Exception — export 13 (1) Subsection 12(1) does not apply if the Committee of the Security Council has been given notice in advance of the transport of a product that has been the subject of an advance approval referred to in subsection 9(1). Exception — import (2) Subsection 12(2) does not apply if the Committee of the Security Council has been given notice in advance of the transport of a product that has been the subject of an advance approval referred to in section 11. SOR/2009-232, s. 9(E); SOR/2016-278, s. 2; SOR/2018-1, s. 11 SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 14
Maintaining vessel 14 (1) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide products or services for the operation or maintenance of any vessel, including with respect to stevedoring and lighterage, if the vessel has been identified by the competent authorities as one that is carrying any of the products referred to in subsections 8(1) to (3) and 10(1) to (7), unless it is necessary to do so for the safeguarding of human life or for the vessel to return to its port of origin. Crew services (2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide a Canadian-flagged vessel or aircraft, or crew services for any vessel or aircraft, to the DPRK, to any person in the DPRK, to a designated person, to a person acting on behalf of or at the direction of a designated person or to an entity that is owned, held or controlled by a designated person. Crew services from DPRK (3) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly procure vessel or aircraft crew services from the DPRK or from any person in the DPRK. Vessels (4) It is prohibited for any person in Canada or any Canadian outside Canada to (a) register a vessel in the DPRK; (b) obtain authorization for a vessel to fly the DPRK flag; (c) own, lease or operate, directly or indirectly, any DPRK-flagged vessel; (d) insure or reinsure any DPRK-flagged vessel or any vessel owned, held, controlled or operated, directly or indirectly, by the DPRK or any other vessel identified by the competent authorities as one that has transported any of the products referred to in any of subsections 8(1) to (3) and 10(1) to (7); or (e) provide any vessel classification, certification or related service for any DPRK-flagged vessel. SOR/2016-278, s. 2 SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 15
Exceptions — case by case 15 Section 14 does not apply to an activity if the Committee of the Security Council has approved the activity in advance. SOR/2009-232, s. 10; SOR/2016-278, s. 2 SOR/2019-60, s. 12 SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 16
Assisting in prohibited activity 16 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, subsection 3(1), sections 4 and 6, subsection 7(1), sections 8, 10, 12 and 14. SOR/2009-232, s. 12; SOR/2016-278, s. 2 SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 17
Airports 17 (1) The authority that is responsible for an airport or its operator must refuse to allow an aircraft to land if the Minister advises the Authority that the Minister has information in his or her possession allowing him or her to conclude that the aircraft is in contravention of subsection 12(1) or (2) or that it is an aircraft of the DPRK. Ports (2) The authority that is responsible for a port or its operator must refuse to allow a vessel to dock if the Minister advises the port or its operator that the Minister has information in his or her possession allowing him or her to conclude that the vessel is in contravention of subsection 12(1) or (2) or that it is a vessel of the DPRK. Exceptional circumstances (3) Subsections (1) and (2) do not apply if it is necessary for the aircraft or vessel to land or dock for the safeguarding of human life, for inspection under a federal Act or for the aircraft or vessel to return to its point of origin. SOR/2016-278, s. 2 SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 18
Registration of vessels 18 (1) The Chief Registrar who is responsible for maintaining the Canadian Register of Vessels under Part 2 of the Canada Shipping Act, 2001 , must not register or must cancel the registration of a vessel if (a) the vessel is designated by the Committee of the Security Council under Security Council Resolution 1718; (b) the Chief Registrar has been notified that the vessel’s registration has been cancelled by a Member State of the United Nations under paragraph 24 of Security Council Resolution 2321; or (c) the Chief Registrar has been notified of the Minister’s decision, based on reasonable grounds, that the vessel is (i) owned, held or controlled by the DPRK, or (ii) used for activities prohibited by these Regulations. Approval by Committee of Security Council (2) Paragraphs 1(a) and (b) do not apply if the Committee of the Security Council has given approval in advance for the registration. SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 19
Duty to determine 19 The 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: (a) 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; (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act ; (c) foreign companies , as defined in subsection 2(1) of the Insurance Companies Act , in respect of their insurance activities in Canada; (d) companies , provincial companies and societies , as those terms are defined in subsection 2(1) of the Insurance Companies Act ; (e) 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; (f) companies regulated by the Trust and Loan Companies Act ; (g) trust companies regulated by a provincial Act; (h) loan companies regulated by a provincial Act; (i) 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; and (j) entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services. SOR/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 20
Duty to disclose — RCMP or CSIS 20 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 19 must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service (a) the 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; and (b) any information about a transaction or proposed transaction in respect of property referred to in paragraph (a). Immunity (2) No 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/2020-119, s. 2
Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) — 21
Exemption 21 (1) A person that wishes to engage in any activity that is prohibited under these Regulations must, before doing so, apply to the Minister in writing for a certificate to exempt the activity from the application of the Regulations. Certificate (2) The Minister must issue the certificate if the Security Council did not intend that the activity be prohibited or if the Security Council or the Committee of the Security Council has approved the activity in advance. SOR/2020-119, s. 2