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Canadian Sanctions Related to Somalia

Types of sanctions

Arms embargo

Asset freeze

Export and import restrictions

Technical assistance prohibition

Recent developments

  • 2023-06-19 - Regulations were amended
  • 2020-06-01 - Regulations were amended
  • 2019-03-04 - Regulations were amended
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Prohibitions

Sanctions related to Somalia were enacted under the United Nations Act to give effect to United Nations Security Council resolutions. Subject to certain exceptions, the measures imposed against Somalia include:

  • a prohibition on the export of arms and related material to any person in Somalia and to persons designated by the UN committee established by Resolution 751 (1992) to oversee the sanctions against Somalia (the 751 Committee);
  • a prohibition on the provision, to any person in Somalia and to persons designated by the 751 Committee, of technical, financial or other assistance related to military activities or to the supply, sale, transfer, manufacture, maintenance or use of arms and related material;
  • a prohibition on the direct or indirect import of charcoal from Somalia or from a person in Somalia, whether or not the charcoal originated in Somalia;
  • an assets freeze against persons designated by the 751 Committee; and
  • a travel ban against persons designated by the 751 Committee, ensured under provisions of the Immigration and Refugee Protection Act.

Exceptions

There are some exceptions, including for the following:

  • protective clothing temporarily exported to Somalia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, solely for their personal use;
  • non-lethal military equipment intended solely for humanitarian or protective use;
  • arms and related material or technical assistance intended solely for the support of or use by the Intergovernmental Authority on Development’s (IGAD) protection and training mission in Somalia and Member States of the African Union;
  • arms and related material or technical assistance intended solely for the support of or use by the African Union Mission in Somalia; and
  • arms and related material or technical assistance intended solely for the purpose of helping develop security sector institutions.

On June 19, 2023, the Regulations Implementing the United Nations Resolutions on Somalia were amended to allow the provision, processing or payment of funds, other financial assets or economic resources or the provision of goods and services that are necessary to ensure the timely delivery of urgently needed humanitarian assistance or to support other activities related to basic human needs, if provided by specified groups. These changes are the result of United Nations Security Council Resolution 2664 (2022), which created a carve-out for the delivery of humanitarian assistance in all current UN sanctions regimes that impose asset freezes.

Background

On January 23, 1992, acting under Chapter VII of the Charter of the United Nations, the United Nations Security Council adopted Resolution 733 (1992) imposing a complete embargo on all deliveries of weapons and military equipment to Somalia in response to the rapid deterioration of the situation in Somalia and the heavy loss of human life and widespread material damage resulting from the conflict in the country. Security Council resolutions 1425 (2002), 1725 (2006), 1744 (2007) and 1772 (2007) subsequently strengthened and created a number of exceptions to the arms embargo. On July 24, 2013, the Security Council adopted Resolution 2111 (2013) consolidating the exemptions to the arms embargo on Somalia in one single resolution. The arms embargo contained in Resolution 733 (1992) and subsequent resolutions was applied in Canada through existing provisions of the Export and Import Permits Act.

On November 20, 2008, the United Nations Security Council adopted Resolution 1844 (2008) imposing additional sanctions against Somalia in response to the acts of violence in Somalia and the increase in acts of piracy and armed robbery at sea against vessels off the coast of Somalia. The Regulations Implementing the United Nations Resolutions on Somalia implement the decisions of the Security Council in Canadian domestic law, including the additional sanctions imposed by Resolution 1844 (2008).

On June 8, 2012, Canada imposed further sanctions against Somalia under the United Nations Act in response to United Nations Security Council Resolution 2036 (2012). The new measures prohibit the import of charcoal from Somalia and from persons in Somalia, whether or not the charcoal originated in Somalia.

On November 15, 2019, the Security Council decided in Resolution 2498 (2019) to renew its sanctions imposed against Somalia. On June 1, 2020, Canada amended the Regulations Implementing the United Nations Resolutions on Somalia to implement the decisions of the Security Council in Canadian domestic law

Selected documents

Regulations

Regulations made under the United Nations Act:

Related links

Legal advice

Please be advised that Global Affairs Canada cannot provide legal advice to members of the public. For this reason, we cannot deliver an opinion as to whether or not a specific activity or transaction would contravene sanctions legislation. You should consider seeking legal advice in relation to an activity that may contravene a Canadian sanction law.

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