ARCHIVED — Vol. 147, No. 21 — October 9, 2013

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Registration

SOR/2013-160 September 30, 2013

UNITED NATIONS ACT

Regulations Amending the Regulations Implementing the United Nations Resolutions on Libya

P.C. 2013-966 September 27, 2013

Whereas the Security Council of the United Nations, acting under Article 41 of the Charter of the United Nations, adopted Resolution 1970 (2011) on February 26, 2011, Resolution 1973 (2011) on March 17, 2011, Resolution 2009 (2011) on September 16, 2011 and Resolution 2095 (2013) on March 14, 2013;

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, His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 2 of the United Nations Act (see footnote a), makes the annexed Regulations Amending the Regulations Implementing the United Nations Resolutions on Libya.

REGULATIONS AMENDING THE REGULATIONS IMPLEMENTING THE UNITED NATIONS RESOLUTIONS ON LIBYA

AMENDMENT

1. Section 17 of the Regulations Implementing the United Nations Resolutions on Libya (see footnote 1) is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph:

  • (b.1) supplies of non-lethal military equipment intended solely for security or disarmament assistance to the Government of Libya, and related technical assistance, training and financial assistance; or

APPLICATION BEFORE PUBLICATION

2. 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

3. 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.)

Issue

In United Nations Security Council Resolution 2095 (2013), the United Nations Security Council (UNSC) decided that the prior approval or notification of the Committee established pursuant to Resolution 1970 (2011) [“the Committee”] would no longer be required for supplies of non-lethal military equipment intended solely for humanitarian or protective use and related technical assistance or training. In the same Resolution, the UNSC also decided that prior approval or notification of the Committee would no longer be required for the provision of technical assistance, training or financial assistance intended solely for security or disarmament assistance to the Libyan government. The Regulations Implementing the United Nations Resolutions on Libya must be amended accordingly.

Background

On February 26, 2011, acting under Chapter VII of the Charter of the United Nations, the United Nations Security Council (UNSC) adopted Resolution 1970, imposing sanctions against Libya in response to the violence, use of force against civilians and gross systematic human rights violations by the Qadhaffi regime in its efforts to quell the revolution that erupted in Libya on February 17, 2011. These sanctions included a prohibition on the sale, supply or transfer of arms and related material to Libya with exceptions for non-lethal military equipment intended solely for humanitarian or protective use and related technical assistance or training, as approved in advance by the UNSC Committee established pursuant to resolution 1970 (2011) [“the Committee”]. These measures were implemented in Canada with the adoption on February 27, 2011, of the Regulations Implementing the United Nations Resolutions on Libya and Taking Special Economic Measures (as they were then known), enabled by both the United Nations Act and the Special Economic Measures Act.

The United Nations (UN) sanctions regime was also modified by the adoption of a number of resolutions, including UNSC Resolutions 1973 (2011), 2009 (2011), 2017 (2011), and 2040 (2012) to reflect events on the ground, such as the intensification of the conflict, the establishment of the National Transition Council (NTC) and the NTC’s eventual success over Qadhaffi’s forces. Once the NTC was recognized as Libya’s official government, the UNSC eased the sanctions regime to reflect the international community’s resolve to support Libya in stabilizing the country. In particular, UNSC Resolution 2009 (2011) amended the sanctions regime so that the supply of arms and related material, including technical assistance, training, financial and other assistance, intended solely for security or disarmament assistance to the Libyan authorities, would be allowed, provided that the Committee was notified in advance and did not oppose the transactions. The Regulations Implementing the United Nations Resolutions on Libya and Taking Special Economic Measures (as they were then known) were amended accordingly on August 31, 2011.

On August 31, 2011, Canada lifted its unilateral sanctions against Libya in order to support the Libyan people and Libya’s new governing authorities. The Regulations Implementing the United Nations Resolutions on Libya and Taking Special Economic Measures were amended accordingly, and became known as the Regulations Implementing the United Nations Resolutions on Libya.

On March 14, 2013, acting under Chapter VII of the Charter of the United Nations, the UNSC adopted Resolution 2095 (2013), which decided that the prior approval or notification of the Committee would no longer be required for supplies of non-lethal military equipment intended solely for humanitarian or protective use and related technical assistance or training. The UNSC also decided that the prior approval or notification of the Committee would no longer be required for the provision of technical assistance, training or financial assistance intended solely for security or disarmament assistance to the Libyan government.

Objectives

The purpose of the Regulations Amending the Regulations Implementing the United Nations Resolutions on Libya is to bring Canada in line with its international legal obligations created by measures taken by the UNSC under Chapter VII of the Charter of the United Nations, namely the decisions taken by the UNSC in Resolution 2095 (2013).

These Regulations will be tabled before Parliament as required by section 4 of the United Nations Act.

Description

The following will be added as a new paragraph under section 17 of the Regulations Implementing the United Nations Resolutions on Libya in order to bring the Regulations in line with Resolution 2095 (2013): “supplies of non-lethal military equipment intended solely for security or disarmament assistance to the Government of Libya, and related technical assistance, training and financial assistance.”

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs (or insignificant costs) on small business.

Consultation

The Department of Foreign Affairs and International Trade drafted the amendments to the Regulations Implementing the United Nations Resolutions on Libya following consultations with the Department of Justice.

Rationale

This regulatory amendment is necessary to bring Canada in line with its international legal obligations created by measures taken by the UNSC under Chapter VII of the Charter of the United Nations, namely the decisions taken by the UNSC in Resolution 2095 (2013).

Implementation, enforcement and service standards

Provisions of Canada’s sanctions regulations are enforced by the Royal Canadian Mounted Police and the Canada Border Services Agency.

Contacts

Nadia Ahmad
Director
North Africa Relations Division
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-944-1249
Fax: 613-944-7975
Email: Nadia.Ahmad@international.gc.ca

Keith Morrill
Director
United Nations, Human Rights and Economic Law Division (JLH)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-992-6296
Fax: 613-992-2467
Email: keith.morrill@international.gc.ca