Regulations Amending the Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK)

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 2321 (2016) on November 30, 2016, Resolution 2356 (2017) on June 2, 2017, Resolution 2371 (2017) on August 5, 2017 and Resolution 2375 (2017) on September 11, 2017;

And whereas it appears to the Governor in Council to be necessary to make regulations for 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, makes the annexed Regulations Amending the Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK).


R.S., c. U-2

Amendments

1 (1) The definition property in section 1 of the Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (DPRK) is repealed.

(2) The definitions designated person, luxury goods and Security Council Resolutions in section 1 of the Regulations are replaced by the following:

designated person means a person that is designated by the Committee of the Security Council under paragraph 8(d) or 12(e) of Security Council Resolution 1718 or by the Security Council under paragraph 8(d) of that resolution. (personne désignée)

luxury goods includes jewelry, gems, precious and semi-precious stones, precious metals, lead crystal, tableware of porcelain or bone china, watches, cigarettes, alcoholic beverages, perfume, designer clothing and accessories, furs, rugs, tapestries, sporting goods, private aircraft, gourmet foods and ingredients, lobster, computers, televisions and other electronic devices, yachts, racing cars, personal watercraft, snowmobiles, automobiles and other motor vehicles, except those that are used for public transportation, that are used to transport people. (articles de luxe)

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 and Security Council Resolution 2375. (résolutions du Conseil de sécurité)

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

Security Council Resolution 2321 means Resolution 2321 (2016) of November 30, 2016 adopted by the Security Council. (résolution 2321 du Conseil de sécurité)

Security Council Resolution 2356 means Resolution 2356 (2017) of June 2, 2017 adopted by the Security Council. (résolution 2356 du Conseil de sécurité)

Security Council Resolution 2371 means Resolution 2371 (2017) of August 5, 2017 adopted by the Security Council. (résolution 2371 du Conseil de sécurité)

Security Council Resolution 2375 means Resolution 2375 (2017) of September 11, 2017 adopted by the Security Council. (résolution 2375 du Conseil de sécurité)

2 (1) Paragraph 3(1)(a) of the Regulations is replaced by the following:

(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;

(2) Subsection 3(1) of the Regulations is amended by striking out “or” at the end of paragraph (c) and by replacing paragraph (d) with the following:

(d) make available any property or provide any financial or related services 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, directly or indirectly, by a designated person; or

(e) make available any property or provide any financial or related services for the benefit of any person or any entity referred to in paragraph (d).

3 Subsection 4(1) of the Regulations is replaced by the following:

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 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 that is intended to facilitate trade with the DPRK or to cause, facilitate or assist in any act or thing prohibited by these Regulations.

4 Section 5 of the Regulations is renumbered as subsection 5(1) and is amended by adding the following:

Joint ventures and cooperative entities

(2) 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.

5 (1) Subsection 6(1) of the Regulations is amended by adding the following after paragraph (a):

(a.1) new non-military helicopters and vessels;

(2) Subsection 6(1) of the Regulations is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (c):

(d) crude oil and refined petroleum products; or

(e) condensates and natural gas liquids.

(3) Paragraphs 6(2)(c) and (d) of the Regulations are replaced by the following:

(c) those that appear on the lists set out in the Security Council documents S/2006/814, S/2006/815, S/2006/853, S/2006/853/Corr.1, S/2009/205, S/2014/253, S/2016/308, S/2016/1069, S/2017/728, S/2017/760 and S/2017/822;

(d) those that have been identified for the purpose of paragraph 8 of Security Council Resolution 1718 by the Committee of the Security Council or by the Security Council;

(e) those that appear in Annex III of Security Council Resolution 2321.

(4) Subsections 6(3) and (4) of the Regulations are replaced by the following:

Technical assistance

(3) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide to the DPRK, to any person in the DPRK, or to any person acting on behalf of the DPRK, technical assistance related to the sale, supply, transfer, manufacture, use or maintenance of any of the products referred to in paragraph (1)(a) or subsection (2).

Training to nationals

(4) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly provide to any national teaching or training in disciplines which could contribute to the proliferation of nuclear activities or the development of nuclear weapon delivery systems in the DPRK, including in advanced studies of physics, materials science, computer simulation and related computer sciences, geospatial navigation and in nuclear, chemical, mechanical, electrical, industrial, aerospace and aeronautical engineering and related disciplines.

6 Subsections 7(2) and (3) of the Regulations are replaced by the following:

Coal and minerals

(2) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly import, purchase or acquire coal, iron, iron ore, gold, titanium ore, vanadium ore, rare earth minerals, copper, nickel, silver, zinc, lead and lead ore, wherever situated, from the DPRK or from any person in the DPRK.

(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, from the DPRK or from any person in the DPRK.

Textiles

(5) 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.

Technical assistance and training

(6) It is prohibited for any person in Canada or any Canadian outside Canada to knowingly receive, from the DPRK, from any person in the DPRK or from any national, any technical assistance or training related to the purchase, acquisition, manufacture, use or maintenance of any of the products referred to in paragraph 6(1)(a) or subsection 6(2).

7 Subsection 8(2) of the Regulations is replaced by the following:

Carriage from DPRK — products referred to in subsections 7(1) to (5)

(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 subsections 7(1) to (5) or any bulk cash.

Transshipments

(3) It is also prohibited for any person in Canada or any Canadian outside Canada to knowingly transship, cause to be transshipped or permit to be transshipped, to or from DPRK-flagged vessels, any product destined to or from the DPRK.

8 Section 9 of the Regulations is replaced by the following:

Maintaining vessel

9 (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 there are grounds to believe that the vessel is carrying any of the products referred to in subsections 6(1) and (2) and 7(1) to (5), 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 and 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 re-insure any DPRK-flagged vessel or any vessel owned, held, controlled or operated, directly or indirectly, by the DPRK; or

(e) provide any vessel classification, certification or related service for any DPRK-flagged vessel or any vessel owned, held or controlled, directly or indirectly, by the DPRK.

9 Subsection 11(2) of the Regulations is replaced by the following:

Duty to disclose — supervising and regulating agencies

(2) Every entity referred to in subsection (1) must disclose, every month, to the principal agency or the body that supervises or regulates it under federal or provincial law, whether it is in possession or control of any property referred to in subsection (1) and, if so, the number of persons or dealings involved and the total value of the property.

10 Paragraph 12(1)(a) of the French version of the Regulations is replaced by the following:

a) le fait qu’il croit que des biens qui sont en sa possession ou sous son contrôle appartiennent à une personne désignée ou sont détenus ou contrôlés par elle ou pour son compte;

11 Subsection 13(2) of the Regulations is replaced by the following:

Certificate

(2) The 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 the Security Council Resolutions have been met and, if required by those resolutions, that the Committee of the Security Council has approved the act or thing in advance.

Application Before Publication

12 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.

Coming into Force

13 These Regulations come into force on the day on which they are registered.


SOR/2006-287; SOR/2009-232, s. 1