Registration
SOR/2005-302 October 4, 2005

UNITED NATIONS ACT

Regulations Amending the United Nations Suppression of Terrorism Regulations

P.C. 2005-1718 October 4, 2005

Whereas the Security Council of the United Nations, acting under Article 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

AMENDMENT

1. Schedule 1 to the United Nations Suppression of Terrorism Regulations (see footnote 1) is amended by adding the following at the end of that Schedule:

Elehssan Society

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

The original United Nations Suppression of Terrorism Regulations (UNSTR), adopted in October 2001, were made to implement United Nations Security Council Resolution 1373 (2001) calling on UN member states to adopt specific measures to combat terrorism. The UNSTR prohibits persons in Canada and Canadians abroad from having financial dealings with designated or "listed" persons. The Schedule of listed persons has subsequently been amended eighteen times to add (or, in two cases, to remove) names of individuals and entities (listed persons) reasonably believed to be associated with or involved in terrorist activities.

The Regulations Amending the United Nations Suppression of Terrorism Regulations (the Regulations) add to the Schedule the name of an entity — the Elehssan Society — which there are reasonable grounds to believe is involved in or associated with terrorist activities.

The Minister of Foreign Affairs may issue a certificate pursuant to section 11 of the UNSTR 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

Canada generally lists entities in concert with our G8 partners so as to prevent entities associated with terrorist activities from using the financial institutions of one G8 state to circumvent restrictions in another G8 state. This entity was designated as a terrorist entity by the United States in May 2005. The United Nations Act is the appropriate legislative authority to implement these measures.

Benefits and Costs

Listing entities under the UNSTR in concert with G8 partners ensures that Canada will not become an alternative venue for the financing of terrorist activities. The costs relating to the making of these Regulations are minimal and will be covered by existing departmental resources.

The search and report requirements contained in the UNSTR require action by financial institutions in Canada, including foreign insurance companies operating in Canada, that may result in costs to these institutions. The addition of one entity to the list should not substantially influence these costs.

Consultation

The Department of Justice, the Department of Finance, the Office of Superintendent of Financial Institutions, Public Safety and Emergency Preparedness Canada, the Royal Canadian Mounted Police and the Canadian Security and Intelligence Service have been consulted and are supportive of this listing.

Compliance and Enforcement

Compliance is ensured by the Royal Canadian Mounted Police. Every person who contravenes provisions of the UNSTR is liable, upon conviction, to the punishments set out in section 9.

Contact

Marc-Antoine Dumas
United Nations, Human Rights and Economic Law Division (JLH)
Foreign Affairs Canada
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: (613) 995-1108
FAX: (613) 992-2467
E-mail: marc-antoine.dumas@international.gc.ca

Footnote 1

SOR/2001-360

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