| |||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||
 |
| ||||||||||||||||||||||||||||||||||||
 |
|||||||||||||||||||||||||||||||||||||
|
EXTRA Vol. 137, No. 1Canada Gazette Part II OTTAWA, THURSDAY, FEBRUARY 13, 2003 Registration CRIMINAL CODE Regulations Amending the Regulations Establishing a List of EntitiesP.C. 2003-172 12 February, 2003 Whereas the Governor in Council, on the recommendation of the Solicitor General of Canada, 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 Solicitor General of Canada, 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 ESTABLISHING A LIST OF ENTITIES AMENDMENT 1. Section 1 of the Regulations Establishing a List of Entities (see footnote 1) is amended by adding the following after the reference "Hizballah (also known among other names as Hizbullah, Hizbollah, Hezbollah, Hezballah, Hizbu'llah, The Party of God, Islamic Jihad (Islamic Holy War), Islamic Jihad Organization, Islamic Resistance, Islamic Jihad for the Liberation of Palestine, Ansar al-Allah (Followers of God/Partisans of God/God's Helpers), Ansarollah (Followers of God/ Partisans of God/God's Helpers), Ansar Allah (Followers of God/Partisans of God/God's Helpers), Al-Muqawamah al-Islamiyyah (Islamic Resistance), Organization of the Oppressed, Organization of the Oppressed on Earth, Revolutionary Justice Organization, Organization of Right Against Wrong and Followers of the Prophet Muhammed)": Abu Nidal Organization (ANO) (also known among other names as Fatah Revolutionary Council, Revolutionary Council, Revolutionary Council of Fatah, Al-Fatah Revolutionary Council, Fatah-the Revolutionary Council, Black June, Arab Revolutionary Brigades, Revolutionary Organization of Socialist Muslims, Black September, Egyptian Revolution, Arab Fedayeen Cells, Palestine Revolutionary Council and Organization of Jund al Haq) Abu Sayyaf Group (ASG) (also known among other names as Al Harakat Al Islamiyya (AHAI), Al Harakat-ul Al Islamiyya, Al-Harakatul-Islamia, Al Harakat Al Aslamiya, Abou Sayaf Armed Band (ASAB), Abu Sayaff Group, Abu Sayyef Group and Mujahideen Commando Freedom Fighters (MCFF)) Sendero Luminoso (SL) (also known among other names as Shining Path, Partido Comunista del Peru en el Sendero Luminoso de Jose Carlos Mariategui, Communist Party of Peru on the Shining Path of Jose Carlos Mariategui, Partido Comunista del Peru, Communist Party of Peru, The Communist Party of Peru by the Shining Path of Jose Carlos Mariategui and Marxism, Leninism, Maoism and the Thoughts of Chairman Gonzalo, Revolutionary Student Front for the Shining Path of Mariategui, Communist Party of Peru — By Way of the Shining Path of Mariategui, PCP — por el Sendero Luminoso de Mariategui, PCP and PCP-SL) COMING INTO FORCE 2. 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.) 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 Solicitor General of Canada, 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 Solicitor General of Canada that it no longer be a listed entity. The Solicitor General of Canada 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. In addition, the Solicitor General of Canada must complete a review of the list two years after the initial list comes into effect and every subsequent two-year period afterwards. Alternatives There are no alternatives. The Criminal Code stipulates that listing must be done by regulation. 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. Consultation The Departments of Finance, Foreign Affairs and International Trade 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 Directorate Department of the Solicitor General of Canada 340 Laurier Avenue West Ottawa, Ontario K1A 0P8 Telephone: (613) 998-4826 FAX: (613) 991-4669 S.C. 2001, c. 41, s. 4 SOR/2002-284 |
||||||||||||||||||||||||
|
NOTICE:
|
|||||||||||||||||||||||||
