Preventing terrorists from using the global financial system to further terrorist activity is essential for the suppression of international terrorism. A key element of the response of the international community has been to impose measures to prevent the concealment and transfer of funds or assets used to finance terrorism, and to designate individuals and other entities to whom these measures are to be applied by placing them on lists. Canada has implemented its international obligations by establishing a process for the listing of terrorist entities in order to apply specified measures, such as the freezing of assets, to those who are listed. This process has taken the form of three distinct, yet complementary terrorist listing mechanisms: the United Nations Al-Qaida and Taliban Regulations, the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism, and the Criminal Code. Together, these three mechanisms advance domestic security interests and support Canadian conformity with a range of international obligations, including those under the relevant United Nations Security Council resolutions and the International Convention for the Suppression of the Financing of Terrorism.
The United Nations Al-Qaida and Taliban Regulations (SOR/99-444) (the “Al-Qaida and Taliban Regulations”) were made in 1999 under the United Nations Act. The regulations freeze the assets of the Taliban, Usama bin Laden and his associates, and the members of the Al-Qaida organization, and prevent the supply, sale, and transfer of arms and technical assistance to them. The Security Council Committee established pursuant to United Nations Security Council Resolution 1267 (1999) (the Al-Qaida and Taliban Sanctions Committee) maintains a list of individuals and entities belonging or related to the Taliban, Usama Bin Laden and the Al-Qaida organization which is incorporated into the Al-Qaida and Taliban Regulations by reference (“listed persons”).
The Al-Qaida and Taliban Regulations, as amended, implement in Canadian domestic law the binding elements of United Nations Security Council Resolution 1267 (1999), its successor resolutions, and Resolution 1373 (2001).
The Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism (SOR/2001-360), as amended (the “Suppression of Terrorism Regulations”) were made in 2001 under the United Nations Act. The Suppression of Terrorism Regulations create a Canadian list of terrorist individuals and entities, in the Schedule to the regulations, that is not restricted by geography or affiliation like the Al-Qaida and Taliban Regulations. The assets of those covered by the Suppression of Terrorism Regulations are frozen, and it is illegal to raise funds on their behalf.
The Suppression of Terrorism Regulations, as amended, implement in Canadian domestic law the binding elements of United Nations Security Council Resolution 1373 (2001).
The Criminal Code also provides a process to list and apply appropriate criminal measures to listed entities. For more information on the Criminal Code listing process and currently listed entities, please consult the Public Safety Canada website.
The Office of the Superintendent of Financial Institutions Canada (OSFI) maintains a list of individuals and a list of entities listed under Canadian law (consisting of the three mechanisms described above) with available identifiers (DOB, POB, nationality, address, etc.). The lists are available in various formats on the OSFI website.
The Al-Qaida and Taliban Regulations and the Suppression of Terrorism Regulations both include provisions by which listed persons can apply to be removed from the corresponding lists, and for the issuance of exemption certificates in certain circumstances. The circumstances in which such applications can be made are set out in the Regulations. For more information, or to submit an application, please contact:
United Nations, Human Rights and Economic Law Division (JLH)
United Nations Al-Qaida and Taliban Regulations:
Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism:
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