Legislative background for new regulations

Ottawa, Ontario
27 February 2011

On February 26, 2011, the United Nations Security Council unanimously passed Resolution 1970 in response to the violence, use of force and systematic human rights violations being perpetrated against the people of Libya by the current regime.

The four principal measures under the Resolution are the following:

1. An arms embargo:

This requires all Member states to:

  • prevent the supply, sale or transfer of arms into Libya;
  • prevent the export of arms from Libya;
  • seize and dispose of arms that meet the criteria in the Resolution; and,
  • authorise inspection of cargo going into Libya.
2. A travel ban::

This requires all Members states to:
  • prevent the entry into or transit through their territories of Muammar Gaddafi and 15 individuals closely associated with him – his sons, daughter and other loyalists.
3. An asset freeze::

This requires all Members states to:
  • freeze without delay all funds, other financial assets and economic resources which are on their territories, which are owned or controlled by Muammar Gaddafi and his sons and daughter; and,
    ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals, or by any individuals or entities within their territories to Muammar Gaddafi and his sons and daughter.
The United Nations Security Council also expressed its intention to ensure that the assets frozen be made available to and for the benefit of the people of Libya.

4. The establishment of a new Sanctions Committee of the Security Council :

The Committee will, among other things:
  • monitor implementation of Resolution measures;
  • if warranted, designate additional individuals under the travel ban and asset freeze; and,
  • report within 30 days to the Security Council on its work for the First Report and thereafter, report as deemed necessary by the Committee.
Additional Canadian Measures::

In addition to the measures imposed by the United Nations Security Council, the Government of Canada has decided to impose an asset freeze and prohibit financial transactions with the Government of Libya, its institutions and agencies, and the Libyan Central Bank.

These additional measures, which are under the authority of the Special Economic Measures Act, are consistent with initiatives taken by like-minded states, including the United States.

Due to the fact that the present Regulations operate so as to both implement a United Nations Security Council Resolution and a measure not addressed by the Council, they are made pursuant to the legislative authority of both the United Nations Act and the Special Economic Measures Act.