Vol. 135, No. 6 — March 14, 2001

Registration
SOR/2001-86 22 February, 2001

UNITED NATIONS ACT

Regulations Amending the United Nations Afghanistan Regulations

P.C. 2001-254 22 February, 2001

Whereas the Security Council of the United Nations, acting under section 41 of the Charter of the United Nations, adopted Security Council Resolution 1333 (2000) on December 19, 2000;

And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in that resolution to be effectively applied;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to sections 2 and 3 of the United Nations Act, hereby makes the annexed Regulations Amending the United Nations Afghanistan Regulations.

REGULATIONS AMENDING THE UNITED NATIONS AFGHANISTAN REGULATIONS

AMENDMENTS

1. (1) The definition "Security Council Resolution" in section 1 of the United Nations Afghanistan Regulations (see footnote 1) is repealed.

(2) The definition "Committee of the Security Council" in section 1 of the Regulations is replaced by the following:

"Committee of the Security Council" means the Committee of the Security Council of the United Nations established by Resolution 1267 (1999) of October 15, 1999. (Comité du Conseil de sécurité)

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

"arms and related material" means any type of weapon, ammunition, military vehicle or military or paramilitary equipment, and includes their spare parts. (armes et matériel connexe)

"Canadian ship" has the same meaning as in section 2 of the Canada Shipping Act. (navire canadien)

"designated territory" means any part of Afghanistan that is designated by the Committee of the Security Council as being under Taliban control. (territoire désigné)

"Security Council Resolutions" means Resolution 1267 (1999) of October 15, 1999, and Resolution 1333 (2000) of December 19, 2000, adopted by the Security Council of the United Nations. (résolutions du Conseil de sécurité)

"technical assistance" includes instruction, training, consulting services or technical advice or the transfer of know-how or technical data. (aide technique)

"technical data" includes blueprints, technical drawings, photographic imagery, computer software, models, formulas, engineering designs and specifications, technical and operating manuals and any technical information. (données techniques)

"Usama bin Laden or his associates" means Usama bin Laden or any individual or entity associated with him according to the Committee of the Security Council, including those in the Al-Qaida organization. (Usama bin Laden ou ses associés)

2. Section 3 of the Regulations is replaced by the following:

3. Subject to section 3.2, no person shall operate, within or over the territory of Canada, an aircraft that the person knows is owned, leased or operated by or on behalf of the Taliban.

3.1 Subject to section 3.2, no person shall operate, within or over the territory of Canada, an aircraft that the person knows has taken off from, or is destined to land at, a place in the designated territory.

3.2 Sections 3 and 3.1 do not apply to any flight that has been approved in advance by the Committee of the Security Council on the grounds of humanitarian need, including religious obligation such as the performance of the Haj, or on the grounds that the flight promotes discussion of a peaceful resolution of the conflict in Afghanistan, or is likely to promote Taliban compliance with the Security Council Resolutions.

3.3 No person in Canada shall knowingly operate, within Canada, an office of Ariana Afghan Airlines.

3.4 No person in Canada shall knowingly operate, within Canada, an office of the Taliban.

3. Section 5 of the Regulations is replaced by the following:

4.1 Subject to section 4.5, no person in Canada and no Canadian outside Canada shall knowingly

(a) deal directly or indirectly in any property that is owned or controlled by or on behalf of Usama bin Laden or his associates or any entity that is owned or controlled by or on behalf of Usama bin Laden or his associates;

(b) enter into or facilitate, directly or indirectly, any financial transaction related to a dealing in property referred to in paragraph (a); or

(c) provide any financial services or any other services in respect of any property referred to in paragraph (a), to or for the benefit of, or on the direction or order of, Usama bin Laden or his associates or any entity owned or controlled by Usama bin Laden or his associates.

4.2 Subject to section 4.5, no person in Canada and no Canadian outside Canada shall knowingly, directly or indirectly, export, sell, supply or ship arms and related material, wherever situated, to any person in the designated territory.

4.3 Subject to section 4.5, no owner or master of a Canadian ship and no operator of an aircraft registered in Canada shall knowingly, directly or indirectly, carry, cause to be carried or permit to be carried arms and related material, wherever situated, destined for the designated territory.

4.4 Subject to section 4.5, no person in Canada and no Canadian outside Canada shall knowingly provide, directly or indirectly, to any person in the designated territory technical assistance related to the military activities of armed personnel under Taliban control.

4.5 Sections 4.1 to 4.4 do not apply to supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance, as approved in advance by the Committee of the Security Council, nor to protective clothing, including flak jackets and military helmets, exported to Afghanistan by United Nations personnel, representatives of the media and humanitarian workers for their personal use only.

4.6 No person in Canada and no Canadian outside Canada shall knowingly, directly or indirectly, export, sell, supply or ship the chemical acetic anhydride, wherever situated, to any person in the designated territory or to any person for the purpose of any activity carried on in, or operated from, that territory.

5. No person in Canada and no Canadian outside Canada shall knowingly do anything that causes, assists or promotes, or is intended to cause, assist or promote, any act or thing prohibited by sections 3 to 4.6.

COMING INTO FORCE

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

On December 19, 2000, the United Nations Security Council adopted Resolution 1333 (2000) and, acting pursuant to Chapter VII of the Charter of the United Nations, decided to strengthen the sanctions already imposed on the Taliban regime of Afghanistan in 1999 under Resolution 1267 (1999). The Regulations Amending the United Nations Afghanistan Regulations serve to implement these internationally binding sanctions measures of Resolution 1333 (2000) in Canada.

The Taliban is the political/military group headquartered in Kandahar, Afghanistan, that exercises de facto control over parts of the territory of Afghanistan, referred to as the "Islamic Emirate of Afghanistan", known in Pashtun as "de Afghanistan Islami Emarat" or in Dari as "Emarat Islami-e-Afghanistan". The Taliban took control of Kabul, the capital of Afghanistan, in September 1996, but their control over the country remains uneven, given the influence of local warlords and armed opposition by some groups such as the "Northern Alliance" lead by guerilla leader Ahmed Shah Massood.

In Resolution 1333 (2000), the Security Council demands that the Taliban cease the provision of sanctuary and training for international terrorists and take effective measures to ensure that the territory under their control is not used for terrorist installations and camps, or for the preparation or organization of terrorist acts. The Security Council also demanded that the Taliban cooperate with international efforts to bring indicted terrorists to justice and stop harbouring Usama bin Laden, who was indicted by an American court in connection with the 1998 bombings of United States embassies in Kenya and Tanzania. Compliance with these requirements would terminate the sanctions put in place. Resolution 1333 (2000) also reiterates the international community's concerns over the continuing violations of international humanitarian law and of human rights, particularly the discrimination against women and girls, in Afghanistan. In addition, the Security Council noted that the Taliban benefit directly from the cultivation of illicit opium by imposing a tax on its production and indirectly from the processing and trafficking of such opium.

Resolution 1333 (2000) imposes an international legal obligation on all member states of the United Nations to deny permission to their nationals to operate an aircraft destined to land in the territory of Afghanistan which is under Taliban control. In addition, states need to close all offices of the Ariana Afghan Airlines and any other Taliban offices in their territories. The Resolution also requires states to freeze the assets of Usama bin Laden and individuals and entities associated with him. Furthermore, states are obligated to prohibit the direct or indirect export of arms and related materials as well as the provision of related technical assistance and training to any person in the territory of Afghanistan under Taliban control. States are also required to prohibit the sale, supply, or transfer of the chemical acetic anhydride, which may be used for the production of narcotics, to any person in the territory of Afghanistan under Taliban control. Some of these measures are subject to exemptions for humanitarian, religious and other purposes as approved by the Committee of the Security Council.

The Governor General in Council approved the Regulations Amending the United Nations Afghanistan Regulations in order to meet Canada's international obligations as set out in Security Council Resolution 1333 (2000). The Minister of Foreign Affairs may issue a certificate pursuant to section 7 of the United Nations Afghanistan Regulations to a person who wishes to engage in an activity which would ordinarily be prohibited under these Regulations. Such a certificate may be issued if, in the opinion of the Minister, the Security Council Resolution does not intend that the activity be prohibited, or the activity has been approved by the Security Council of the United Nations or by the Committee of the Security Council.

Alternatives

The United Nations Act is the appropriate legislative authority to implement these measures.

Benefits and Costs

It is not expected that these measures will impose an undue burden on the private sector, given that, according to available information, Canada has not exported military goods or acetic anhydride to Taliban controlled territory in recent years. The Ariana Afghan Airlines do not operate an office in Canada and there are no other known Taliban offices in Canada at this time. Exemptions to the sanctions measures, particularly concerning those affecting air travel, exist for humanitarian, religious and other purposes as approved by the Committee of the Security Council.

Consultation

The Department of Justice was consulted.

Compliance and Enforcement

Compliance is ensured by the Royal Canadian Mounted Police. Every person who contravenes provisions of the Regulations is liable, upon conviction, to the punishments set out in section 6 of the Regulations.

Contacts

Donald Bobiash
Deputy Director
South Asia Division (PSA)
Department of Foreign Affairs and International Trade
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Tel.: (613) 996-4098
FAX: (613) 996-5897
E-mail: donald.bobiash@dfait-maeci.gc.ca

Thomas Fetz
Oceans, Environmental and Economic Law Division (JLO)
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Tel.: (613) 995-1108
FAX: (613) 992-6483
E-mail: thomas.fetz@dfait-maeci.gc.ca

Footnote 1

SOR/99-444

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