Canada Gazette
www.gazette.gc.ca
Common menu bar links
EXTRA Vol. 135, No. 2
Canada Gazette
Part II
OTTAWA, THURSDAY, OCTOBER 4, 2001
RegistrationSOR/2001-360 2 October, 2001
UNITED NATIONS ACT
United Nations Suppression of Terrorism RegulationsP.C. 2001-1716 2 October, 2001
Whereas the Security Council of the United Nations, acting under section 41 of the Charter of the United Nations, adopted Security Council Resolution 1373 (2001) on September 28, 2001;
And whereas it appears to the Governor in Council to be necessary to make regulations for enabling the measures set out in that resolution to be effectively applied;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to sections 2 and 3 of the United Nations Act, hereby makes the annexed United Nations Suppression of Terrorism Regulations.
UNITED NATIONS SUPPRESSION OF TERRORISM REGULATIONS
INTERPRETATION
1. The definitions in this section apply in these Regulations.
"Canadian" means an individual who is a citizen within the meaning of the Citizenship Act, or a body corporate incorporated or continued by or under the laws of Canada or a province. (Canadien)
"entity" means a body corporate, trust, partnership or fund or an unincorporated association or organization. (entité)
"listed person" means
(a) Usama bin Laden or his associates as defined in section 1 of the United Nations Afghanistan Regulations; and
(b) a person whose name is listed in the schedule in accordance with section 2. (personne inscrite)
"Minister" means the Minister of Foreign Affairs. (ministre)
"person" means an individual or an entity. (personne)
"property" means real and personal property of every description and deeds and instruments relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods, and includes any funds, financial assets or economic resources. (bien)
LIST
2. (1) A person whose name is listed in the schedule is a person who there are reasonable grounds to believe
(a) has carried out, attempted to carry out, participated in or facilitated the carrying out of a terrorist activity;
(b) is controlled directly or indirectly by any person conducting any of the activities set out in paragraph (a); or
(c) are acting on behalf of, or at the direction of, or in association with any person conducting any of the activities set out in paragraph (a).
(2) Any listed person may apply in writing to the Solicitor General to be removed from the schedule.
(3) After reviewing the application, the Solicitor General may recommend to the Governor in Council that the applicant be removed from the schedule, if there are reasonable grounds for doing so.
PROVIDING OR COLLECTING FUNDS
3. No person in Canada and no Canadian outside Canada shall knowingly provide or collect by any means, directly or indirectly, funds with the intention that the funds be used, or in the knowledge that the funds are to be used, by a listed person.
FREEZING PROPERTY
4. No person in Canada and no Canadian outside Canada shall knowingly
(a) deal directly or indirectly in any property of a listed person, including funds derived or generated from property owned or controlled directly or indirectly by that person;
(b) enter into or facilitate, directly or indirectly, any transaction related to a dealing referred to in paragraph (a);
(c) provide any financial or other related service in respect of the property referred to in paragraph (a); or
(d) make any property or any financial or other related service available, directly or indirectly, for the benefit of a listed person.
5. All secured and unsecured rights and interests held by a person, other than a listed person or their agent, in the frozen property are entitled to the same ranking as they would have been entitled to had the property not been frozen.
CAUSING, ASSISTING OR PROMOTING
6. No person in Canada and no Canadian outside Canada shall knowingly do anything that causes, assists or promotes, or is intended to cause, assist or promote, any activity prohibited by section 3 or 4, unless the person has a certificate issued by the Minister under section 11.
DUTY TO DETERMINE
7. (1) Every Canadian financial institution within the meaning of section 2 of the Bank Act must determine on a continuing basis whether it is in possession or control of property owned or controlled by or on behalf of a listed person.
(2) Every financial institution referred to in subsection (1) must report monthly to the principal agency or body that supervises or regulates it under federal or provincial law
(a) that it is not in possession or control of any property referred to in subsection (1); or
(b) if it is in possession or control of such property, the number of persons, contracts or accounts involved and the total value of the property.
(3) This section also applies to authorized foreign banks, within the meaning of section 2 of the Bank Act in respect of their business in Canada.
DISCLOSURE
8. Every person in Canada and every Canadian outside Canada shall disclose forthwith to the Commissioner of the Royal Canadian Mounted Police and to the Director of the Canadian Security Intelligence Service
(a) the existence of property in their possession or control that they have reason to believe is owned or controlled by or on behalf of a listed person; and
(b) information about a transaction or proposed transaction in respect of property referred to in paragraph (a).
OFFENCES AND PUNISHMENT
9. Any person who contravenes sections 3, 4, 6, 7 or 8 is guilty of an offence and liable,
(a) on summary conviction to the maximum fine or imprisonment, or both, as set out in the United Nations Act; or
(b) on conviction on indictment to the maximum fine or imprisonment, or both, as set out in the United Nations Act.
10. If a corporation commits an offence under these Regulations, any director, officer or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted.
CERTIFICATE
11. No offence is committed under section 9 for doing any act or thing that may be prohibited by these Regulations or omitting to do any act or thing that may be required by these Regulations if, before that person does or omits to do that act or thing, the Minister issues a certificate to the person stating that the Minister has reasonable grounds to believe that
(a) the Security Council of the United Nations Resolution 1373 adopted on September 28, 2001 does not intend that the act or thing be prohibited;
(b) the act or thing has been approved by the Security Council of the United Nations or by the Committee of the Security Council; or
(c) the person named in the certificate is not a listed person.
COMING INTO FORCE
12. These Regulations come into force on the day on which they are registered.
SCHEDULE
(Sections 1 and 2)
Abu Sayyaf Group
Armed Islamic Group (GIA)
Harakat ul-Mujahidin (HUM)
Al-Jihad (Egyptian Islamic Jihad)
Islamic Movement of Uzbekistan (IMU)
Asbat al-Ansar
Salafist Group for Call and Combat (GSPC)
Libyan Islamic Fighting Group
Al-Itihaad al-Islamiya (AIAI)
Islamic Army of Aden
Shaykh Sai'id (born 1939, Baghdad and also known as Mustafa Muhammad Ahmad)
Abu Hafs the Mauritanian (born 1958 and also known as Mahfouz Ould al-Walid, Khalid Al-Shanqiti)
Ibn Al-Shaykh al-Libi
Abu Zubaydah (born 1971 and also known as Zayn al-Abidin Muhammad Husayn, Tariq)
Abd al-Hadi al-Iraqi (also known as Abu Abdallah)
Thirwat Salah Shihata (born June 29, 1960, Eygpt)
Tariq Anwar al-Sayyid Ahmad (also known as Fathi, Amr al-Fatih)
Muhammad Salah (also known as Nasr Fahmi Nasr Hasanayn)
Makhtab Al-Khidamat/Al Kifah
Wafa Humanitarian Organization
Al Rashid Trust
Mamoun Darkazanli Import-Export Company
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Description
On September 28, 2001, the United Nations Security Council unanimously adopted Resolution 1373 (2001) and, acting under Chapter VII of the Charter of the United Nations, decided to take measures against terrorism and its financing. The United Nations Suppression of Terrorism Regulations serve to implement these internationally binding measures in Canada.
Resolution 1373 was adopted following the devastating terrorist attacks of September 11, 2001 against the United States, as a global response to the threat posed by international terrorism to international peace and security. Resolution 1373 imposes an international legal obligation on all member states of the United Nations to adopt broad and concrete measures to prevent and suppress the financing of terrorist acts from their territories, and to cooperate in the global fight against terrorism. Key provisions include criminalizing the perpetration of terrorist acts, the provision of funding or other support to terrorists by their nationals or from their territory; and freezing the assets of terrorists or their supporters.
The United Nations Suppression of Terrorism Regulations implement key operative provisions of Resolution 1373 pertaining to the financing of terrorist activities. Under their terms, the Governor in Council may approve and list on a schedule to the Regulations the names of persons for which there are reasonable grounds to believe that they are associated with terrorist activities, act on behalf of, or are controlled by, a person associated with terrorist activities. Reasonable grounds include advice by Canadian law enforcement and security authorities to the Solicitor General. The Regulations provide a review mechanism to remove names from the schedule on advice from the Solicitor General where there are reasonable grounds to do so. The Regulations also incorporate by reference a list established by the Security Council Committee concerning Afghanistan under Resolution 1267 (1999), with their provisions applying equally to those designated on that list.
The Regulations make it an offence for any person in Canada and Canadians outside of Canada to knowingly provide or collect funds with the intention or knowledge that they be used by any listed person to carry out terrorist activities, or to deal in any property of a listed person, and prohibit the making available of funds and financial or other related services.
The Regulations impose reporting requirements on persons in Canada, Canadians outside Canada and Canadian financial institutions for the purpose of strengthening the effectiveness of their implementation.
The Minister of Foreign Affairs may issue a certificate pursuant to section 11 of the Regulations to a person who wishes to do, or omit to do, any act or thing that may be prohibited under these Regulations. Such a certificate may be issued if the Minister has reasonable grounds to believe that the Security Council Resolution does not intend that the act or thing be prohibited, or the act or thing has been approved by the Security Council of the United Nations or by the Committee of the Security Council, or if the person named in the certificate is not a listed person.
Alternatives
The United Nations Act is the appropriate legislative authority to implement these measures.
Benefits and Costs
The search and report requirements contained in the Regulations will require action by financial institutions in Canada that may result in costs.
Consultation
The Departments of Justice, Finance and of the Solicitor General were consulted.
Compliance and Enforcement
Compliance is ensured by the Royal Canadian Mounted Police. Every person who contravenes provisions of the Regulations is liable, upon conviction, to the punishments set out in section 9 of the Regulations.
Contacts
Patrice Cousineau
Oceans, Environmental and Economic Law Division (JLO)
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Tel.: (613) 992-9553
FAX: (613) 992-6483
E-mail: patrice.cousineau@dfait-maeci.gc.ca
Daniel Hallman
International Crime Division
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Tel.: (613) 995-7677
FAX: (613) 944-4827
E-mail: daniel.hallman@dfait-maeci.gc.ca
NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).
