It is common for sanctions regulations to prohibit or restrict dealings with certain persons (both individuals and entities). In such cases, the relevant sanctions regulation will refer to “listed”, “named”, or “designated” persons. These terms are often used interchangeably when discussing sanctions, although regulations are specific in their usage of the terms.
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 (both individuals and entities) 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 any listed persons (both individuals and entities) are set out in a schedule to the relevant regulations. Where regulations include more than one schedule, the prohibitions may apply selectively. Names may be added to or removed from a list by amending the regulations.
Listed Persons under the Justice for Victims of Corrupt Foreign Officials Act
When sanctions are imposed under Canada’s Justice for Victims of Corrupt Foreign Officials Act, the names of any listed persons (both individuals and entities) are published in a schedule to the relevant regulation. Names may be added to or removed from a list by an amending regulation.
Consolidated Canadian Autonomous Sanctions List
The Consolidated Canadian Autonomous Sanctions List includes the names of any listed persons (both individuals and entities) in the schedules of regulations made under the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act.
The inclusion of these names on this list is for administrative purposes and ease of reference only. The consolidated list is not a regulation, and it does not have force of law. In addition, the prohibitions may not apply to each individual or entity in the same way. Each applicable sanctions regulation specifies what prohibitions apply to a particular individual or entity. For accurate information on which provisions apply, reference must be made to the relevant regulation in which the particular individual or entity is listed.
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, Global Affairs Canada 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 under which the applicant is designated;
- 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 Sanctions Policy and Operation Coordination Division at the following address:
Global Affairs Canada
Sanctions Policy and Operations Coordination Division (PER)
125 Sussex Drive
Canada K1A 0G2
Once the information requested above is received, and following an initial review, the Department will contact you and may request additional information.
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