EXTRA Vol. 136, No. 12

Canada Gazette Part II

Registration
SOR/2002-325 28 August, 2002

UNITED NATIONS ACT

Regulations Amending the United Nations Suppression of Terrorism Regulations

P.C. 2002-1478 28 August, 2002

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

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, Resolution 1333 (2000) of December 19, 2000 and Resolution 1390 (2002) of January 16, 2002; and

(b) a person whose name is listed in Schedule 1 in accordance with section 2. (personne inscrite)

2. (1) Schedule 1 to the Regulations is amended by striking out the following:

Abdirisak Aden; Spanga, Sweden; born on June 1, 1968

Abdi Abdulaziz Ali, Spanga, Sweden; born on January 1, 1955

Aaran Money Wire Service, Inc., Minneapolis, Minnesota, United States

Global Service International, Minneapolis, Minnesota, United States

Garad Jama (also known as Garad K. Nor and Fartune Ahmed Wasrsame) Minneapolis, Minnesota, United States; born 26 June 1974

Barakat Enterprise, Columbus, Ohio, United States

(2) Schedule 1 to the Regulations is amended by adding the following after the expression "International Sikh Youth Federation":

New People's Army/Communist Party of the Philippines (also known as the Communist Party of the Philippines, CPP, New People's Army, NPA, NPA/CPP)

Jose Maria Sison (also known as Armando Liwinag), the Netherlands, born February 8, 1938, Ilocos Sur, Northern Luzon, Philippines

Adel Ben Soltane, Milan, Italy, born on July 14, 1970, Tunis, Tunisia

Nabil Benattia, born on May 11, 1966, Tunis, Tunisia

Yassine Chekkouri, born on October 6, 1966, Safi, Morocco

Riadh Jelassi, born on December 15, 1970, Tunisia

Mehdi Kammoun, Milan, Italy, born on April 3, 1968, Tunis, Tunisia

Samir Kishk, born on May 14, 1955, Gharbia, Egypt

Tarek Ben Habib Maaroufi, born on November 23, 1965, Ghardimaou, Tunisia

Abdelhalim Remadna, born on April 2, 1966, Bistra, Algeria

Mansour Thaer, born on March 21, 1974, Baghdad, Iraq

Lazhar Ben Mohammed Tlili, Legnano, Italy, born on March 26, 1969, Tunis, Tunisia

Habib Waddani, San Donato M.se (MI), Italy, born on June 10, 1970, Tunis, Tunisia

Akida Bank Private Limited (formerly known as Akida Islamic Bank International Limited and Iksir International Bank Limited), Nassau, Bahamas

Akida Investment Co. Ltd. (also known as Akida Investment Company Limited and formerly known as Akida Bank Private Limited), Nassau, Bahamas

Nasreddin Group International Holding Limited (also known as Nasreddin Group International Holdings Limited), Nassau, Bahamas

Nasco Nasreddin Holding A.S., Istanbul, Turkey

Nascotex S.A. (also known as Industrie générale de filature et tissage and Industrie générale de textile), Tangiers, Morocco

Nasreddin Foundation (also known as Nasreddin Stiftung), Vaduz, Liechtenstein

Ba Taqwa for Commerce and Real Estate Company Limited, Vaduz, Liechtenstein

Miga-Malaysian Swiss, Gulf and African Chamber (formerly known as Gulf Office Assoc. per lo Sviluppo Comm. Ind. e Turis. fra gli Stati Arabi del Golfo e la Svizzera), Lugano TI, Switzerland

Gulf Center S.R.L., Milan, Italy

Nascoservice S.R.L., Milan, Italy

NASCO Business Residence Center SAS Di Nasreddin Ahmed Idris EC, Milan, Italy

Nasreddin Company Nasco SAS Di Ahmed Idris Nasreddin EC, Milan, Italy

Nada International Anstalt, Vaduz, Liechtenstein

Nasreddin International Group Limited Holding (also known as Nasreddin International Group Ltd. Holding), Vaduz, Liechtenstein; Milan, Italy

3. Schedule 2 to the Regulations is repealed.

COMING INTO FORCE

4. 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") were made to 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 entities which there are reasonable grounds to believe are involved in or associated with terrorist activities.

The regulations also remove from the schedule the names of those recently delisted by the Committee of the Security Council that maintains a list of individuals and entities associated with the Taliban and Usama bin Laden.

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

Robert Brookfield
United Nations, Human Rights and Economic Law Division (JLH)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: (613) 995-1108
FAX: (613) 992-2467
E-mail: robert.brookfield@dfait-maeci.gc.ca

Daniel Hallman
International Crime Division
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: (613) 995-7677
FAX: (613) 944-4827
E-mail: daniel.hallman@dfait-maeci.gc.ca

Footnote 1 

SOR/2001-360

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