EXTRA Vol. 135, Number 4

Canada Gazette

Part II

OTTAWA, TUESDAY, OCTOBER 16, 2001

Registration
SOR/2001-441 12 October, 2001

UNITED NATIONS ACT

Regulations Amending the United Nations Suppression of Terrorism Regulations

P.C. 2001-1836 12 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 section 2 of the United Nations Act, hereby makes the annexed Regulations Amending the United Nations Suppression of Terrorism Regulations.

REGULATIONS AMENDING THE
UNITED NATIONS SUPPRESSION OF
TERRORISM REGULATIONS

AMENDMENTS

1. The definition "listed person" in section 1 of the United Nations Suppression of Terrorism Regulations(see footnote 1) is replaced by the following:

"listed person" means

(a) a person whose name appears on the list that the Committee of the Security Council of the United Nations, established by Resolution 1267 (1999) of October 15, 1999, establishes and maintains pursuant to that Resolution or to Resolution 1333 (2000) of December 19, 2000; and

(b) a person whose name is listed in the schedule in accordance with section 2. (personne inscrite)

2. Subsection 7(3) of the Regulations is replaced by the following:

(3) This section also applies to an authorized foreign bank, within the meaning of section 2 of the Bank Act, in respect of their business in Canada and to a foreign company, within the meaning of subsection 2(1) of the Insurance Companies Act, in respect of their business in Canada.

3. Paragraph 11(b) of the Regulations is replaced by the following:

(b) the act or thing has been approved by the Security Council of the United Nations or by the Committee of the Security Council established by the Resolution referred to in paragraph (a); or

4. The schedule to the Regulations is amended by adding the following after the expression "Jaish-I-Mohammed (JIM)":

Abdul Rahman Yasin

Khalid Shaikh Mohammed

Ahmed Al-Mughassil

Ali Al-Houri

Ibrahim Al-Yacoub

Abdel Karim Al-Nasser

Fazul Abdullah Mohammed

Mustafa Mohamed Fadhil

Ahmed Khalfan Ghailani

Fahid Mohammed Ally Msalam

Sheikh Ahmed Salim Swedan

Abdullah Ahmed Abdullah

Anas Al-Libi

Ahmed Mohammed Hamed Ali

Mushin Musa Matwalli Atwah

Imad Mugniyah

Hassan Izz-Al-Din

Ali Atwa

COMING INTO FORCE

5. 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

The Regulations Amending the United Nations Suppression of Terrorism Regulations (the "Regulations") further implement United Nations Security Council Resolution 1373 (2001) calling on UN member states to adopt specific measures to combat terrorism. The Regulations add to the schedule established pursuant to the United Nations Suppression of Terrorism Regulations the names of individuals and entities which there are reasonable grounds to believe are involved in or associated with terrorist activities.

The Regulations remove an ambiguity by clarifying that all those on the list established and maintained by the Committee of the Security Council concerning Afghanistan under Resolution 1267 (1999), namely designated officials of the Taliban regime, or Resolution 1333 (2000), namely Usama bin Laden or his associates, are covered by the United Nations Suppression of Terrorism Regulations.

Section 7 of the United Nations Suppression of Terrorism Regulations has also been amended to extend application of the reporting requirement to foreign insurance companies operating in Canada.

The Minister of Foreign Affairs may issue a certificate pursuant to section 11 of the United Nations Suppression of Terrorism 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 Security Council Resolution 1373 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 established pursuant to Resolution 1373, 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 United Nations Suppression of Terrorism Regulations will require action by financial institutions in Canada, including foreign insurance companies operating 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 United Nations Suppression of Terrorism Regulations is liable, upon conviction, to the punishments set out in section 9.

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

Footnote 1

SOR/2001-360

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