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Canada Gazette

Part Ⅱ

OTTAWA, MONDAY, JUNE 29, 2015

Registration

SOR/2015-175 June 24, 2015

CRIMINAL CODE

Regulations Amending the Regulations Establishing a List of Entities

P.C. 2015-1030 June 24, 2015

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 entity referred to in the annexed Regulations Amending the Regulations Establishing a List of Entities is an entity that 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 such an entity;

Therefore, His 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 (see footnote b), makes the annexed Regulations Amending the Regulations Establishing a List of Entities.

REGULATIONS AMENDING THE REGULATIONS ESTABLISHING A LIST OF ENTITIES

AMENDMENTS

1. (1) Section 1 of the Regulations Establishing a List of Entities (see footnote 1) is amended by deleting the following:

  • Al Jihad (AJ) (also known as Egyptian Islamic Jihad (EIJ))
  • Vanguards of Conquest (VOC)

(2) The reference to “Al Qaida (also known among other names as” in section 1 of the Regulations is replaced by the following:

Al Qaida (also known among other names as Al Jihad (AJ), Egyptian Islamic Jihad (EIJ), Vanguards of Conquest (VOC),

(3) The reference to “Asbat Al-Ansar (“The League of Partisans”) (also known among other names as” in section 1 of the Regulations is replaced by the following:

Asbat Al-Ansar (AAA) (“The League of Partisans”) (also known among other names as God’s Partisans, Gathering of Supporters, Partisan’s League,

(4) The reference to “Palestinian Islamic Jihad (PIJ) (also known among other names as” in section 1 of the Regulations is replaced by the following:

Palestinian Islamic Jihad (PIJ) (also known among other names as Harakat al-Jihad al-Islami fi Filistin, Saraya Al-Quds (The Jerusalem Brigades), Al-Quds Brigades, Islamic Jihad, Palestine Islamic Jihad – Shaqaqi Faction, Palestinian Islamic Jihad – Shaqaqi, PIJ – Shaqaqi Faction, PIJ – Shallah Faction, Islamic Jihad of Palestine, Islamic Jihad in Palestine, Abu Ghunaym Squad of the Hizballah Bayt Al-Maqdis, Al-Quds Squads, Al-Awdah Brigades,

(5) The reference to “Islamic Movement of Uzbekistan (IMU)” in section 1 of the Regulations is replaced by the following:

Islamic Movement of Uzbekistan (IMU) (also known among other names as O’zbekiston Islomiy Harakati, Harakat ul-Islamiyyah, Islamic Movement of Turkestan, Islamic Party of Turkestan (IPT) and IMU-IPT)

(6) The reference to “Autodefensas Unidas de Colombia (AUC) (also known among other names as” in section 1 of the Regulations is replaced by the following:

Autodefensas Unidas de Colombia (AUC) (also known among other names as Colombian United Self-Defense Groups,

(7) The reference to “Lashkar-e-Tayyiba (LeT) (also known among other names as” in section 1 of the Regulations is replaced by the following:

Lashkar-e-Tayyiba (LeT) (also known among other names as Jamaat-ud-Dawa (JuD) (Society for Preaching), al-Anfal Trust, Tehrik-e-Hurmate-e-Rasool, al Mansoorian (The Victorious), Army of the Pure, Paasban-e-Kashmir (Kashmir Brigade), Paasban-i-Ahle-Hadith (Ahle-Hadith Brigade), Falah-i-Insaniat Foundation (FIF), Idara Khidmat-e-Khalq,

(8) The reference to “Popular Front for the Liberation of Palestine (PFLP) (Al-Jibha al-Sha’biya lil-Tahrir Filistin) in section 1 of the Regulations is replaced by the following:

Popular Front for the Liberation of Palestine (PFLP) (Al-Jibha al-Sha’biya lil-Tahrir Filistin) (also known among other names as Halhul Gang, Halhul Squad, Palestinian Popular Resistance Forces, PPRF, Red Eagle Gang, Red Eagle Group, Red Eagles and Abu Ali Mustafa Brigades)

(9) The reference to “Kahane Chai (Kach) (also known among other names as” in section 1 of the Regulations is replaced by the following:

Kahane Chai (Kach) (also known among other names as Meir’s Youth, No’ar Meir,

(10) The reference to “Al Qaida in the Arabian Peninsula (AQAP) (also known among other names as” in section 1 of the Regulations is replaced by the following:

Al Qaida in the Arabian Peninsula (AQAP) (also known among other names as Ansar al-Shari’a (AAS),

(11) The reference to “Taliban (also known among other names as” in section 1 of the Regulations is replaced by the following:

Taliban (also known among other names as Afghan Taliban, Tahreek-i-Islami-i-Taliban Afghanistan, Movement of Islamic Students,

(12) Section 1 of the Regulations is amended by adding the following at the end of that section:

Abdallah Azzam Brigades (AAB) (also known among other names as Abdullah Azzam Brigades, the Brigades of Abdullah Azzam, the Brigades of the Martyr Abdullah Azzam, the Ziyad al-Jarrah Battalions, the Ziad al-Jarrah Battalion, the Yusuf al-’Uyayri Battalions, the Yusuf al-Ayiri Battalion, the Battalion of Sheikh Yusuf al-’Ayiri and the Marwan Hadid Brigades)

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.)

Issues

The Regulations support the Government of Canada’s efforts to protect Canadians against the threat of terrorism. The listing of terrorist entities facilitates the prosecution of perpetrators and supporters of terrorism and plays a key role in countering terrorist financing.

Background

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. A listed entity is included in the definition of terrorist group in the Criminal Code so offences applicable to terrorist groups apply to these entities. However, unlike terrorist groups that are not listed, a prosecution related to a listed entity does not require the Crown to demonstrate that the entity has, as one of its purposes or activities, facilitated or carried out a terrorist activity.

The Criminal Code makes it an offence, among others, to knowingly

  • participate in or contribute to, directly or indirectly, 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; 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.

Objectives

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 and brokerages, 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 with or otherwise dispose of the property.

Description

Section 1 of the Regulations Establishing a List of Entities is amended by

  • Adding “Abdallah Azzam Brigades (AAB)” to the list of terrorist entities and its aliases: “Abdullah Azzam Brigades,” “the Brigades of Abdullah Azzam,” “the Brigades of the Martyr Abdullah Azzam,” “the Ziyad al-Jarrah Battalions,” “the Ziad al-Jarrah Battalion,” “the Yusuf al-’Uyayri Battalions,” “the Yusuf al-Ayiri Battalion,” “the Battalion of Sheikh Yusuf al-’Ayiri,” and “the Marwan Hadid Brigades;”
  • Removing “Al-Jihad” and its alias, and “Vanguards of Conquest” from the list of terrorist entities and adding them as aliases of Al Qaida;
  • Adding “Ansar al-Shari’a (AAS)” as an alias of Al Qaida in the Arabian Peninsula (AQAP);
  • Adding “God’s Partisans,” “Gathering of Supporters” and “Partisan’s League,” as aliases of Asbat Al-Ansar (AAA);
  • Adding “Colombian United Self-Defense Groups” as an alias of Autodefensas Unidas de Colombia (AUC);
  • Adding “O’zbekiston Islomiy Harakati,” “Harakat ul-Islamiyyah,” “Islamic Movement of Turkestan,” “Islamic Party of Turkestan (IPT),” and “IMU-IPT” as aliases of Islamic Movement of Uzbekistan (IMU);
  • Adding “Meir’s Youth” and “No’ar Meir” as aliases of Kahane Chai (Kach);
  • Adding “Jamaat-ud-Dawa (JuD) [Society for Preaching],” “al-Anfal Trust,” “Tehrik-e-Hurmate-e-Rasool,” “al Mansoorian (The Victorious),” “Army of the Pure,” “Paasban-e-Kashmir (Kashmir Brigade),” “Paasban-i-Ahle-Hadith (Ahle-Hadith Brigade),” “Falah-i-Insaniat Foundation (FIF),” and “Idara Khidmat-e-Khalq” as aliases of Lashkar-e-Tayyibba (LeT);
  • Adding “Harakat al-Jihad al-Islami fi Filistin,” “Saraya Al-Quds (The Jerusalem Brigades),” “Al-Quds Brigades,” “Islamic Jihad,” “Palestine Islamic Jihad-Shaqaqi Faction,” “Palestinian Islamic Jihad-Shaqaqi,” “PIJ-Shaqaqi Faction,” “PIJ-Shallah Faction,” “Islamic Jihad of Palestine,” “Islamic Jihad in Palestine,” “Abu Ghunaym Squad of the Hizballah Bayt Al-Maqdis,” “Al-Quds Squads,” and “Al-Awdah Brigades” as aliases of Palestinian Islamic Jihad (PIJ);
  • Adding “Halhul Gang,” “Halhul Squad,” “Palestinian Popular Resistance Forces,” “PPRF,” “Red Eagle Gang,” “Red Eagle Group,” “Red Eagles,” and “Abu Ali Mustafa Brigades” as aliases of Popular Front for the Liberation of Palestine (PFLP); and
  • Adding “Afghan Taliban,” “Tahreek-i-Islami-i-Taliban Afghanistan,” and “Movement of Islamic Students” as aliases of Taliban.

“One-for-One” Rule

The “One-for-One” Rule applies to this proposal, as there are minimal administrative costs to business, because of the reporting requirement. However, the administrative burden associated with these Regulations is carved out from the “One-for-One” Rule, as they address unique, exceptional circumstances.

Small business lens

The small business lens does not apply to this proposal, as there are no costs (or insignificant costs) to small business, and small businesses would not be disproportionately affected.

Consultation

All concerned departments have been consulted through the Interdepartmental Coordinating Committee on Listings.

Rationale

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 is a means for the Government to inform Canadians of the Government’s position with regard to a particular entity.

Implementation, enforcement and service standards

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. The definition of terrorist group includes a listed entity.

Listing a terrorist entity sets in motion requirements for reporting suspicious terrorist financing transactions and requires anyone to disclose to the Royal Canadian Mounted Police and the Canadian Security Intelligence Service 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 a terrorist 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 the 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 Regulations for the security of Canada and Canadians.

Contact

Public Safety Canada
269 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Telephone: 613-944-4875 or 1-800-830-3118
Fax: 613-954-5186