On June 19, 2014, the Government of Canada imposed economic
sanctions against the Central African Republic (CAR). The
sanctions are intended to support political and humanitarian
efforts to secure a restoration of constitutional order and
security in the CAR, ongoing since the coup in March 2013, and in
light of a recent surge in fighting in the CAR.
The sanctions could impact Canadians involved in the supply of
military equipment and spare parts as well as mining companies
engaged in the CAR.
UN Security Council resolutions
On December 5, 2013, acting under Chapter VII of the Charter of
the United Nations, the United Nations Security Council adopted
Resolution 2127 (2013), imposing an arms embargo against the CAR.
On January 28, 2014, the Security Council also adopted
Resolution 2134 (2014), imposing a travel ban and assets freeze on
individuals or entities designated by the Committee of the Security
Council. The resolutions are intended to be implemented by all
member states of the United Nations.
Canada's sanctions against the CAR
Canada will enforce the resolutions through the Regulations
Implementing the United Nations Resolutions on the Central African
Republic (CAR Regulations), consistent with its obligations under
the United Nations Act.
The CAR Regulations are mainly intended to prohibit any person
in Canada or any Canadian outside of Canada from (i) exporting,
selling, supplying or shipping arms and related material to the CAR
or to any person in the CAR and (ii) providing or transferring to
the CAR or to any person in the CAR technical or financial
assistance or any other assistance that is related to military
activities or the provision, manufacture, maintenance or use of
arms and related material.
The CAR Regulations also impose an assets freeze, retroactive to
January 28, 2014, on designated persons. As of June 19, 2014, three
individuals have been designated, all high-level leaders of various
factions alleged to be undermining peace and security in the CAR;
no entities or groups are designated.
The CAR Regulations contain limited exceptions to the
prohibitions, intended primarily for the benefit of international
peacekeeping and humanitarian efforts in the CAR.
Certificates of exemption may also be obtained in certain
circumstances that would permit a person in Canada or a Canadian
outside of Canada to engage in activity that would otherwise be
prohibited by the regulations.
Who is likely to be most affected?
The CAR Regulations will be of particular interest to Canadians
involved in the supply of military equipment and spare parts,
and/or the provision of technical assistance or data in connection
with military activities, arms and related material.
Canadian mining companies engaged in the CAR may also be
affected by the CAR Regulations, to the extent they have any
involvement with a designated person and/or maintain security
operations in the CAR around mining sites or to facilitate
transport of minerals and equipment.
Norton Rose Fulbright Canada LLP
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