EXTRA Vol. 136, No. 17

Canada Gazette
Part II

Registration
SOR/2002-455 10 December, 2002

UNITED NATIONS ACT

Regulations Amending the United Nations Suppression of Terrorism Regulations

P.C. 2002-2155 10 December, 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 expression "Hizballah External Security Organization" in Schedule 1 to the United Nations Suppression of Terrorism Regulations (see footnote 1)  is replaced by the following:

Hizballah (also known among other names as Hizbullah, Hizbollah, Hezbollah, Hezballah, Hizbu'llah, The Party of God, Islamic Jihad (Islamic Holy War), Islamic Jihad Organization, Islamic Resistance, Islamic Jihad for the Liberation of Palestine, Ansar al-Allah (Followers of God/Partisans of God/God's Helpers), Ansarollah (Followers of God/Partisans of God/God's Helpers), Ansar Allah (Followers of God/Partisans of God/God's Helpers), Al-Muqawamah al-Islamiyyah (Islamic Resistance), Organization of the Oppressed, Organization of the Oppressed on Earth, Revolutionary Justice Organization, Organization of Right Against Wrong and Followers of the Prophet Muhammed)

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 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 remove the name of one entity, "Hizballah External Security Organization" (the "HESO") in the schedule to the United Nations Suppression of Terrorism Regulations and replace it by the name "Hizballah" (the organisation as a whole). This change has been made on the basis of the close connection between the organisation as a whole and the HESO, and the recent statement by Sheikh Hassan Nasrallah, the Secretary-General of Hezbollah, encouraging suicide bombings. There are reasonable grounds to believe the Hizballah organisation as a whole is involved in or associated with terrorist activities.

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
  United Nations, Human Rights and Economic
  Law Division (JLH)
  Department of Foreign Affairs and International Trade
  Lester B. Pearson Building
  125 Sussex Drive
  Ottawa, Ontario
  K1A 0G2
  Telephone: (613) 992-9553
  FAX: (613) 992-2467
  E-mail: patrice.cousineau@dfait-maeci.gc.ca

• Nadia Ahmad
  International Crime Division
  Department of Foreign Affairs and International Trade
  Lester B. Pearson Building
  125 Sussex Drive
  Ottawa, Ontario
  K1A 0G2
  Telephone: (613) 944-1060
  FAX: (613) 944-4827
  E-mail: nadia.ahmad@dfait-maeci.gc.ca

Footnote 1 

SOR/2001-360

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