Listed persons, mistaken identity and delisting
It is common for sanctions regulations to prohibit or restrict dealings with certain persons (both individuals and entities) and ships. In such cases, the relevant sanctions regulation will refer to “listed”, “named”, or “designated” persons or ships. These terms are often used interchangeably when discussing sanctions, although regulations are specific in their usage of the terms.
On this page
- Listed persons or ship under the United Nations Act
- Listed persons under the Special Economic Measures Act
- Listed persons under the Justice for Victims of Corrupt Foreign Officials Act
- Consolidated Canadian Autonomous Sanctions List
- Request for particulars
- Certificate of mistaken identity
- How to apply for a certificate of mistaken identity
- Delisting – Special Economic Measures Act and Justice for Victims of Corrupt Foreign Officials Act
- How to apply to the Minister of Foreign Affairs for Delisting
- Delisting – United Nations Act
- How to apply to the United Nations for delisting
Listed persons or ships 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, entities or ships affected by the corresponding sanctions. They also publish 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) and ships published by the relevant Security Council Committee. The names of persons listed under RIUNRST are published in the Schedule to the regulations.
See the United Nations Security Council Consolidated List available on the United Nations web site for all individuals, entities and ships subject to measures imposed by the Security Council.
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) and ships 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 all listed persons (both individuals and entities) and ships 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, entity or ship in the same way. Each applicable sanctions regulation specifies what prohibitions apply to a particular individual, entity or ship. For accurate information on which provisions apply, reference must be made to the relevant regulation in which the particular individual, entity or ship is listed.
Request for particulars
Designated individuals or entities, or their representatives (such as a legal representative, private individual, corporate representative, NGO or another representative), can also request information pertaining to their designation using the online form.
Those who own, operate or manage a ship listed in regulations made under Special Economic Measures Act, or their representatives, can request information pertaining to the ship’s designation using the online form.
Please note that any information provided in an application for delisting, a request for particulars 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, entity or ship is a listed person or ship and/or should be delisted.
Certificate of mistaken identity
Under Canadian sanctions, 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. If it is established that the applicant is not the listed person, the Minister will issue a certificate of mistaken identity. If it is not so established, the applicant will receive notice of the determination.
Consult the relevant Act(s) or regulation(s) for complete information on certificates of mistaken identity.
How to apply for a certificate of mistaken identity
An individual or entity seeking a certificate of mistaken identity may apply, or have a representative apply on their behalf, using the online form.
The following information should be included in the application:
- The applicant’s name and contact information;
- The name of the individual or entity for whom/which the applicant is claiming to have been mistaken; 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
Delisting – Special Economic Measures Act and Justice for Victims of Corrupt Foreign Officials Act
Under the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act, any listed person (individual or entity) may apply to the Minister of Foreign Affairs to request to be removed from the relevant regulations. A listed person (individual or entity) may wish to do so if, for example, they believe that the reason(s) for the listing is incorrect. Under the Special Economic Measures Act those that own, operate or manage a listed ship may also apply to the Minister of Foreign Affairs to request that the ship’s International Maritime Organization (IMO) number be removed from the relevant regulations. Once the review process is complete, the applicant will be given notice of the decision taken. In a case where the Minister of Foreign Affairs denies an applicant’s request to have the relevant listing removed from the list under either Act, an applicant may apply for a judicial review of the decision. A further application to the Minister of Foreign Affairs to be delisted can only be made if there has been a material change in circumstances since the last application process was completed.
Consult the relevant Act(s) or regulation(s) for complete information on delisting.
How to apply to the Minister of Foreign Affairs for delisting
An individual or entity seeking to be delisted, or those that own, operate or manage a listed ship may apply, or have a representative apply on their behalf, using the online form.
The following information should be included in the application:
- The applicant’s name and contact information;
- If applying for delisting of an individual, information on the individual’s residency and citizenship;
- If applying for delisting of an entity, a detailed description of the entity, including ownership details;
- If applying for delisting of a ship, the particulars of the ship including its IMO number, as well as proof that the applicant is currently the owner, operator or manager of the ship;
- Details on the sanctions listing, including the relevant regulations and the listing number; 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
Delisting – United Nations Act
Similar to the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act, under the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism (RIUNRST), any listed person (individual or entity) may apply to the Minister of Foreign Affairs to request to be removed from the relevant schedule.
All other regulations made under the United Nations Act refer to the names of listed persons (both individuals and entities) published by the relevant Security Council Committee. Any person (individual or entity) listed by a Security Council Committee may apply for delisting directly to the United Nations Focal Point for Delisting or the Office of the Ombudsperson to the ISIL (Da'esh) and Al-Qaida Sanctions Committee, whichever may be relevant.
Pursuant to UNSC Resolution 1730 (2006), any person (individual or entity) listed by a United Nations Sanctions Committee may also submit a delisting request through their state of residence or citizenship.
How to apply to the United Nations for delisting
For an application to the United Nations Focal Point for delisting, consult the Focal Point’s website and submit delisting requests to:
Focal Point for De-listing
Security Council Subsidiary Organs Branch
Room DC2 2034
United Nations
New York, N.Y. 10017
United States of America
Tel: +1‑917‑367‑9448
Fax: +1‑917‑367‑0460
Email: delisting@un.org
Be sure to review the Focal Points’ procedure for delisting requests and the relevant Security Council Committee Guidelines to verify what information is required.
For an application to the United Nations the Office of the Ombudsperson to the ISIL (Da'esh) and Al-Qaida Sanctions Committee, consult the Ombudsperson’s website and submit delisting requests to:
Office of the Ombudsperson to the ISIL (Da'esh) and Al-Qaida Sanctions Committee
(DPPA)
UN PO Box 20
New York, NY 10017
United States of America
Tel: +1‑212‑963‑2671
Email: ombudsperson@un.org
Be sure to review the Ombudsperson’s procedure for delisting requests and guidance pages to verify what information is required.
To submit a delisting request to the United Nations through the Government of Canada, provide information required by the Focal Point, Ombudsperson and/or Security Council Committee, whichever may be relevant, to the Sanctions Bureau at the following address:
Global Affairs Canada
Sanctions Bureau (ISD)
125 Sussex Drive
Ottawa, Ontario
Canada K1A 0G2
Fax: 613‑995‑9085
E-mail: sanctions@international.gc.ca
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.
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