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EXTRA Vol. 139, No. 4Canada Gazette Part II OTTAWA, WEDNESDAY, MAY 25, 2005 Registration CRIMINAL CODE Regulations Amending the Regulations Establishing a List of Entities P.C. 2005-1034 May 24, 2005 Whereas the Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, is satisfied that there are reasonable grounds to believe that each of the entities referred to in the annexed Regulations Amending the Regulations Establishing a List of Entities has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity or is knowingly acting on behalf of, at the direction of or in association with an entity that has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 83.05(1) (see footnote a) of the Criminal Code, hereby makes the annexed Regulations Amending the Regulations Establishing a List of Entities. REGULATIONS AMENDING THE REGULATIONS AMENDMENT 1. Section 1 of the Regulations Establishing a List of Entities (see footnote 1) is amended by adding the following at the end of the section: Gulbuddin Hekmatyar (also known among other names as Gulabudin Hekmatyar, Gulbuddin Khekmatiyar, Gulbuddin Hekmatiar, Gulbuddin Hekmartyar, Gulbudin Hekmetyar, Golboddin Hikmetyar and Gulbuddin Hekmetyar) Kahane Chai (Kach) (also known among other names as Repression of Traitors, State of Yehuda, Sword of David, Dikuy Bogdim, DOV, Judea Police, Kahane Lives, Kfar Tapuah Fund, State of Judea, Judean Legion, Judean Voice, Qomemiyut Movement, Way of the Torah and Yeshiva of the Jewish Idea) Mujahedin-e-Khalq (MEK) (also known among other names as Sãzimãn-i Mujãhidin-i Khalq-i Irãn (Holy Warrior Organization of the Iranian People) / Sazman-i Mojahedin-i Khalq-i Iran (Organization of the Freedom Fighters of the Iranian People) / Sazeman-e Mojahedin-e Khalq-e Iran (Organization of People's Holy Warriors of Iran) / Sazeman-e-Mujahideen-e-Khalq-e-Iran, Mujahedin-e-Khalq (MEK), Mojahedin-e Khalq Organization (MKO), Mujahiddin e Khahq, al-Khalq Mujahideen Organization, Mujahedeen Khalq, Modjaheddins khalg, Moudjahiddin-é Khalq, National Liberation Army of Iran (NLA) (the military wing of the MEK) / Armée de Libération nationale iranienne (ALNI) and People's Mujahidin Organization of Iran (PMOI) / People's Mujahedin of Iran (PMOI) / Organisation des moudjahiddin du peuple d'Iran (OMPI) / Organisation des moudjahidines du peuple) COMING INTO FORCE 2. These Regulations come into force on the day on which they are registered. REGULATORY IMPACT (This statement is not part of the Regulations.) Description On December 18, 2001, Bill C-36, the Anti-terrorism Act, received Royal Assent. The Anti-terrorism Act provides the Government of Canada with the ability to create a list of entities. Under the Criminal Code, the Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, establish a list of entities if the Governor in Council is satisfied that there are reasonable grounds to believe that the entity has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity; or is knowingly acting on behalf of, at the direction of or in association with an entity that has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity. An entity is defined in the Criminal Code as a person, group, trust, partnership or fund or an unincorporated association or organization. The listing of an entity means that the entity's property can be the subject of seizure/restraint and/or forfeiture. In addition, institutions such as banks, brokerages, etc. are subject to reporting requirements with respect to an entity's property and must not allow those entities to access the property nor may these institutions deal or otherwise dispose of the property. The definition of terrorist group includes a listed entity. The legislation makes it an offence to knowingly: • participate in or contribute to, directly or indirectly, any activity of a terrorist group; or • instruct, directly or indirectly, any person to carry out any activity for the benefit of, at the direction of or in association with a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity. The Criminal Code provides for a thorough and fair mechanism for reviewing the listing of an entity. A listed entity may apply to the Minister of Public Safety and Emergency Preparedness requesting that it no longer be a listed entity. In such cases, the Minister of Public Safety and Emergency Preparedness would determine whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be a listed entity. The entity may have the decision reviewed by the Federal Court. As a further aspect of this mechanism, the Criminal Code requires the Minister of Public Safety and Emergency Preparedness to complete a review of the entire list two years after it is established, and every subsequent two-year period afterwards, to determine whether there are still reasonable grounds for all listed entities to remain listed. The Minister of Public Safety and Emergency Preparedness must then make a recommendation to the Governor in Council as to whether the entities should remain listed. The review does not affect the validity of the list. The regulations here represent the results of that review. Alternatives There are no alternatives to the regulation due to the nature of terrorist activities and the significant impact they have upon national security. The Criminal Code stipulates that listing must be done by regulation and the penalties related to terrorist and terrorist-support activities are outlined in the Criminal Code. Benefits and Costs The listing of entities under the Criminal Code enhances Canada's national security, strengthens the Government's ability to take action against terrorists and gives effect to international obligations including the implementation of the United Nations International Convention for the Suppression of the Financing of Terrorism and United Nations Security Council resolution 1373. In addition, the listing of an entity as terrorist is a means for the Government to inform Canadians of the Government's position with regard to a particular entity. Listing a terrorist entity sets in motion requirements for reporting suspicious terrorist financing transactions and requires anyone to disclose to the RCMP and CSIS the existence of any property in his or her possession or control that he or she knows is owned or controlled by or on behalf of a terrorist group. As noted previously, the definition of terrorist group includes a listed entity. In addition, bodies that are subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act must also report the information to Financial Transactions and Reports Analysis Centre of Canada. The costs to banks, financial institutions, and individuals in meeting these requirements are not significant due in large part to the existence of electronic banking systems while there are significant benefits of the regulation for the security of Canada and Canadians. Consultation The Privy Council Office and the Departments of Finance, Foreign Affairs and Justice were consulted. Compliance and Enforcement Compliance is ensured by criminal law sanctions. For instance, everyone who knowingly participates in or contributes to any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment. As noted, the definition of terrorist group includes a listed entity. Contact National Security Policy Directorate S.C. 2001, c. 41, s. 4 SOR/2002-284 |
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