ARCHIVED — EXTRA Vol. 146, No. 2

Canada Gazette

Part Ⅱ

OTTAWA, THURSDAY, DECEMBER 20, 2012

Registration

SI/2012-103 December 20, 2012

CRIMINAL CODE

Order Accepting the Recommendation of the Minister of Public Safety and Emergency Preparedness Concerning the Two-year Review of the List of Entities

P.C. 2012-1767 December 17, 2012

Whereas, on July 23, 2012, ten years had elapsed since the establishment of a list by the Regulations Establishing a List of Entities (see footnote a) pursuant to subsection 83.05(1) (see footnote b) of the Criminal Code (see footnote c);

And whereas, pursuant to subsection 83.05(9) (see footnote d) of the Criminal Code (see footnote e), the Minister of Public Safety and Emergency Preparedness has reviewed that list, as it existed on July 23, 2012, and has determined that there are still reasonable grounds to believe that each entity listed in the attached schedule 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, accepts the recommendation of the Minister of Public Safety and Emergency Preparedness made pursuant to subsection 83.05(9) (see footnote f) of the Criminal Code (see footnote g) that each entity listed in that schedule remain a listed entity.

SCHEDULE

Al-Gama’a al-Islamiyya (AGAI) (also known as Islamic Group (IG))

Al-Ittihad Al-Islam (AIAI)

Al Qaida

Al Qaeda in the Islamic Maghreb (AQIM) (also known among other names as Tanzim Qaedat bi-Bilad al-Maghrab al-Islami, Tanzim al-Qa′ida fi bilad al-Maghreb al-Islamiya, The Organization of Al-Qaida in the Islamic Maghreb, Al-Qa′ida Organisation in the Lands of the Islamic Maghreb, Al-Qa′ida in the Islamic Maghreb, Al-Qa′ida in the Lands of the Islamic Maghreb, al-Qaïda dans les pays du Maghreb islamique, Salafist Group for Call and Combat (GSPC), Groupe salafiste pour la prédication et le combat, and Salafist Group for Preaching and Combat)

Al Jihad (AJ) (also known as Egyptian Islamic Jihad (EIJ))

Vanguards of Conquest (VOC)

Armed Islamic Group (GIA) (also known as Groupe islamique armé (GIA))

Islamic Army of Aden (IAA) (also known among other names as the Islamic Army of Aden-Abyan (IAAA), the Aden-Abyan Islamic Army (AAIA), Aden Islamic Army, Islamic Aden Army, Muhammed’s Army/Army of Mohammed and the Jaish Adan Al Islami)

Harakat ul-Mudjahidin (HuM) (also known among other names as Al-Faran, Al-Hadid, Al-Hadith, Harkat-ul-Mujahideen, Harakat ul-Mujahideen, Harakat al-Mujahideen, Harkat-ul-Ansar, Harakat ul-Ansar, Harakat al-Ansar, Harkat-ul-Jehad-e-Islami, Harkat Mujahideen, Harakat-ul-Mujahideen al-Almi, Holy Warriors Movement, Movement of the Mujahideen, Movement of the Helpers, Movement of Islamic Fighters and Al Qanoon)

Asbat Al-Ansar (“The League of Partisans”) (also known among other names as Osbat Al Ansar, Usbat Al Ansar, Esbat Al-Ansar, Isbat Al Ansar and Usbat-ul-Ansar)

Palestinian Islamic Jihad (PIJ) (also known among other names as Islamic Jihad Palestine (IJP), Islamic Jihad — Palestine Faction and Islamic Holy War)

Jaish-e-Mohammed (JeM) (also known among other names as Jaish-i-Mohammed (Mohammad, Muhammad, Muhammed), Jaish-e-Mohammad (Muhammed), Jaish-e-Mohammad Mujahideen E-Tanzeem, Jeish-e-Mahammed, Army of Mohammed, Mohammed’s Army, Tehrik Ul-Furqaan, National Movement for the Restoration of Pakistani Sovereignty and Army of the Prophet)

Hamas (Harakat Al-Muqawama Al-Islamiya) (“Islamic Resistance Movement”)

Kurdistan Workers Party (PKK) (also known among other names as Kurdistan Workers Party, Partya Karkeren Kurdistan, Kurdistan Labor Party, Kurdistan Freedom and Democracy Congress, KADEK, Kurdistan People’s Congress, Kurdistan Halk Kongresi (KHK), People’s Congress of Kurdistan and Kongra-Gel)

Aum Shinrikyo (also known among other names as Aum Shinri Kyo, Aum, Aum Supreme Truth, A. I. C. Comprehensive Research Institute, A. I. C. Sogo Kenkyusho and Aleph)

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)

Abu Nidal Organization (ANO) (also known among other names as Fatah Revolutionary Council, Revolutionary Council, Revolutionary Council of Fatah, Al-Fatah Revolutionary Council, Fatah-the Revolutionary Council, Black June, Arab Revolutionary Brigades, Revolutionary Organization of Socialist Muslims, Black September, Egyptian Revolution, Arab Fedayeen Cells, Palestine Revolutionary Council and Organization of Jund al Haq)

Abu Sayyaf Group (ASG) (also known among other names as Al Harakat Al Islamiyya (AHAI), Al Harakat-ul Al Islamiyya, Al-Harakatul-Islamia, Al Harakat Al Aslamiya, Abou Sayaf Armed Band (ASAB), Abu Sayaff Group, Abu Sayyef Group and Mujahideen Commando Freedom Fighters (MCFF))

Sendero Luminoso (SL) (also known among other names as Shining Path, Partido Comunista del Peru en el Sendero Luminoso de Jose Carlos Mariategui, Communist Party of Peru on the Shining Path of Jose Carlos Mariategui, Partido Comunista del Peru, Communist Party of Peru, The Communist Party of Peru by the Shining Path of Jose Carlos Mariategui and Marxism, Leninism, Maoism and the Thoughts of Chairman Gonzalo, Revolutionary Student Front for the Shining Path of Mariategui, Communist Party of Peru — By Way of the Shining Path of Mariategui, PCP — por el Sendero Luminoso de Mariategui, PCP and PCP-SL)

Jemaah Islamiyyah (JI) (also known among other names as Jemaa Islamiyah, Jema’a Islamiyya, Jema’a Islamiyyah, Jema’ah Islamiyah, Jema’ah Islamiyyah, Jemaa Islamiya, Jemaa Islamiyya, Jemaah Islamiyya, Jemaa Islamiyyah, Jemaah Islamiah, Jemaah Islamiyah, Jemaah Islamiyyah, Jemaah Islamiya, Jamaah Islamiyah, Jamaa Islamiya, Jemaah Islam, Jemahh Islamiyah, Jama’ah Islamiyah, Al-Jama’ah Al Islamiyyah, Islamic Group and Islamic Community)

Islamic Movement of Uzbekistan (IMU)

Euskadi Ta Askatasuna (ETA) (also known among other names as Basque Homeland and Liberty, Euzkadi Ta Azkatasuna, Euzkadi Ta Askatasanu, Basque Nation and Liberty, Basque Fatherland and Liberty and Basque Homeland and Freedom)

Al-Aqsa Martyrs’ Brigade (AAMB) (also known among other names as Al-Aqsa Intifada Martyrs’ Group, Al-Aqsa Brigades, Martyrs of al-Aqsa group, Al-Aqsa Martyrs Battalion and Armed Militias of the Al-Aqsa Martyr Battalions)

Fuerzas Armadas Revolucionarias de Colombia (FARC) (also known among other names as Revolutionary Armed Forces of Colombia, Revolutionary Armed Forces of Colombia-People’s Army (Fuerzas Armadas Revolucionarias de Colombia-Ejército del Pueblo, FARC-EP), National Finance Commission (Comisión Nacional de Finanzas) and Coordinadora Nacional Guerrillera Simon Bolivar (CNGSB))

Autodefensas Unidas de Colombia (AUC) (also known among other names as Autodéfenses unies de Colombie and United Self-Defense Forces of Colombia)

Ejército de Liberación Nacional (ELN) (also known among other names as National Liberation Army and the Army of National Liberation)

Babbar Khalsa (BK)

Babbar Khalsa International (BKI)

International Sikh Youth Federation (ISYF)

Lashkar-e-Tayyiba (LeT) (also known among other names as Lashkar-e-Toiba, Lashkar-i-Toiba (LiT), Lashkar-i-Taiba (Holy Regiment), Lashkar-e-Tayyiba (LT) (Army of the Righteous), Lashkar-e-Taibyya, Lashkar-e-Taiba, Lashkar-e-Tayyiba (Army of the Pure and Righteous), Lashkar-e-Taiba (Righteous Army), Lashkar-Taiba (Army of the Good), Lashkar e Toiba, Lashkar e Taiba, Lashkar-E-Tayyaba, Lashkar e Tayyiba)

Lashkar-e-Jhangvi (LJ) (also known among other names as Lashkar-i-Jhangvi, Lashkar-e-Jhangvie, Laskar-e-Jhangvi, Lashkare Jhangvi, Lashkar-e-Jhangwi, Lashkar-i-Jhangwi, Jhangvi Army, Lashkar-e Jhangvi, Lashkar Jhangvi, Lashkar-e-Jhanvi (LeJ), Lashkar-i-Jangvi, Lashkar e Jhangvi, Lashkar Jangvi, Laskar e Jahangvi)

Palestine Liberation Front (PLF) (also known among other names as PLF — Abu Abbas Faction, Front for the Liberation of Palestine (FLP))

Popular Front for the Liberation of Palestine (PFLP) (Al-Jibha al-Sha’biya lil-Tahrir Filistin)

Popular Front for the Liberation of Palestine — General Command (PFLP-GC) (Al-Jibha Sha’biya lil-Tahrir Filistin-al-Qadiya al-Ama)

Ansar al-Islam (AI) (also known as the Partisans of Islam, Helpers of Islam, Supporters of Islam, Soldiers of God, Kurdistan Taliban, Soldiers of Islam, Kurdistan Supporters of Islam, Supporters of Islam in Kurdistan and Followers of Islam in Kurdistan)

Gulbuddin Hekmatyar (also known among other names as Gulabudin Hekmatyar, Gulbuddin Khekmatiyar, Gulbuddin Hekmatiar, Gulbuddin Hekmartyar, Gulbudin Hekmetyar, Golboddin Hikmetyar and Gulbuddin Hekmetyar)

Kahane Chai (Kach) (also known among other names as Repression of Traitors, State of Yehuda, Sword of David, Dikuy Bogdim, DOV, Judea Police, Kahane Lives, Kfar Tapuah Fund, State of Judea, Judean Legion, Judean Voice, Qomemiyut Movement, Way of the Torah and Yeshiva of the Jewish Idea)

The Liberation Tigers of Tamil Eelam (LTTE) (also known among other names as the Tamil Tigers, the Eellalan Force, the Ellalan Force, the Tiger Movement, the Sangilian Force, the Air Tigers, the Black Tigers (Karum Puligal), the Sea Tigers, the Tiger Organization Security Intelligence Service (TOSIS) and the Women’s Combat Force of Liberation Tigers (WCFLT))

Gulbuddin Hekmatyar’s Faction of the Hezb-e Islami, the Hezb-e Islami Gulbuddin (HIG)

World Tamil Movement (WTM)

Al Shabaab (also known as Harakat Shabaab al-Mujahidin, al-Shabab, Shabaab, the Youth, Mujahidin al Shabaab Movement, Mujahideen Youth Movement, MYM, Mujahidin Youth, Hizbul Shabaab, Hisb’ul Shabaab, al-Shabaab al-Islamiya, Youth Wing, al Shabaab al-Islam, al-Shabaab al-Jihad, the Unity of Islamic Youth and the Popular Resistance Movement in the Land of the Two Migrations)

Al Qaida in the Arabian Peninsula (AQAP) (also known among other names as Al-Qaida of Jihad Organization in the Arabian Peninsula, Tanzim Qa’idat al-Jihad fi Jazirat al-Arab, Al-Quaida Organization in the Arabian Peninsula (AQAP), Al-Quaida in the South Arabian Peninsula and Al-Qaida in Yemen (AQY))

Tehrik-e-Taliban Pakistan (TTP) (also known among other names as Tehrik-e-Taliban Pakistan, Tehrik-I-Taliban Pakistan, Tehrik-e-Taliban, Pakistani Taliban, Tehreek-e-Taliban, Tehrik Taliban-I-Pakistan, Tehrik-i-Taliban Pakistan, Tehreek-e-Taliban Pakistan and Mouvement des talibans du Pakistan)

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

The title is: “Order Accepting the Recommendation of the Minister of Public Safety and Emergency Preparedness Concerning the Two-Year Review of the List set out in the Regulations Establishing a List of Entities.

The Criminal Code, pursuant to subsection 83.05(9), obliges the Minister of Public Safety to review the list of terrorist entities as established by the Regulations Establishing a List of Entities, every two years commencing on the anniversary date of July 23, 2002, in order to determine if the entities continue to meet the threshold for listing. The Order confirms that this review has been completed and the Governor in Council has accepted the Minister’s recommendation.

Objective

The Criminal Code, pursuant to subsection 83.05(9), obliges the Minister of Public Safety to review the list of terrorist entities as established by the Regulations Establishing a List of Entities, every two years commencing on the anniversary date of July 23, 2002, in order to determine whether there are still reasonable grounds for the entities to remain listed.

As the list of terrorist entities was established on July 23, 2002, this two-year review commenced on the anniversary date of July 23, 2012, and encompasses the 44 entities found on the list at that time. The Minister of Public Safety has completed his review of the list. The review has determined that 43 of the entities reviewed will remain listed pursuant to subsection 83.05(1) of the Criminal Code. The review has also determined that one listed entity, the Mujahedin-e-Khalq (MEK), and its aliases will be removed from the list.

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.

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 group has, as one of its purposes or activities, facilitated or carried 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.

Implications

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 (RCMP) and Canadian Security Intelligence Service (CSIS) 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 group 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 regulation for the security of Canada and Canadians.

Consultation

The Privy Council Office, the Department of Foreign Affairs and International Trade, the Department of Justice, the RCMP and CSIS were consulted.

Departmental contact

National Security Operations Directorate
Public Safety Canada
340 Laurier Avenue W
Ottawa, Ontario
K1A 0P8
Telephone: 613-993-4595
Fax: 613-991-4669