It is common for sanctions to prohibit or restrict dealings with certain individuals or entities. In such cases, the relevant sanctions regulation will refer to “listed,” “designated” or “named” persons.
Listed Persons under the United Nations Act
When the United Nations Security Council (UNSC) decides to impose sanctions in response to a threat to international peace and security, it is practice that a Security Council Committee is created to oversee implementation of the sanctions. Each committee publishes the names of individuals and entities affected by the corresponding sanctions, as well as the specific measures that apply to each listed name. With the exception of the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism (RIUNRST), regulations made under Canada's United Nations Act refer to the names of listed persons published by the relevant Security Council Committee. The names of persons listed under RIUNRST are published in the Schedule to the regulations.
The Consolidated United Nations Security Council Sanctions List is also available on the United Nations web site.
Listed Persons under the Special Economic Measures Act
When sanctions are imposed under Canada’s Special Economic Measures Act the names of listed persons are published in a schedule to the relevant regulation. In general, all prohibitions described in a regulation apply to all individuals or entities named in its schedule. Where a regulation includes more than one schedule, the prohibitions may apply selectively. Names may be added to or removed from a list by an amending regulation.
Applications for Delisting
An individual or entity listed in sanctions imposed under the Special Economic Measures Act or the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism may apply to the Minister of Foreign Affairs to have their name removed from the list. The process by which to apply for delisting is described in the section “How to Apply for Delisting or for a Certificate of Mistaken Identity” below.
Applications for a Certificate of Mistaken Identity
An individual or entity claiming not to be a listed person may apply to the Minister of Foreign Affairs for a certificate stating that they are not the person who has been listed in the sanctions. The process by which to apply for a certificate of mistaken identity is described in the section “How to Apply for Delisting or for a Certificate of Mistaken Identity” below.
How to Apply for Delisting or for a Certificate of Mistaken Identity
For an application for delisting or for a certificate of mistaken identity, the relevant regulation and section number under which the application is being made must be identified. In addition, DFATD requires a detailed description of the relevant circumstances and reasons supporting the application.
Specifically, the following information should be included in the application:
- The applicant’s name, address, email and telephone number, or if the applicant is an entity, the applicant's name and address and the name and contact information of a representative;
- In the case of an application for delisting, the number associated with the listing in the schedule of the regulations that the applicant is designated under;
- In the case of an application for a certificate of mistaken identity, the name of the individual or entity for whom/which the applicant is claiming to have been mistaken;
- If the applicant is an entity, the following information:
- a detailed description of the entity, including a list of its owners and shareholders;
- a description of the products produced by the entity and ingredients/components/raw materials acquired by the entity in order to make those products, and/or a detailed description of the services the entity provides; and
- a list of the entity’s customers for its products or services, and a list of companies from which it procures ingredients/components/raw materials; and
- Any information considered relevant to be put before the Minister of Foreign Affairs in support of the application.
Please note that any information provided in an application for delisting or for a certificate of mistaken identity, including personal information, may be communicated to the Royal Canadian Mounted Police and other agencies or departments of the Government of Canada if it is necessary to do so in order to establish if an individual or entity is a listed person and/or should be delisted.
To apply for delisting, or for a certificate of mistaken identity, the material described above, as well as other supporting documentation, can be sent to the Economic Law Section using the following contact information:
Foreign Affairs, Trade and Development Canada
Economic Law Section (JLHB)
125 Sussex Drive
Canada K1A 0G2
Once the information requested above is received, the Department may have follow-up questions following an initial review.
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