Canadian Sanctions Related to Terrorist Entities, including Al-Qaida and the Taliban

Prohibitions

Canada has implemented measures to suppress international terrorism under three complimentary 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 mechanisms include the following:

• a prohibition on the export of arms and related material to any designated person;
• a prohibition on the provision to any designated person of any technical assistance related to the provision, manufacture, maintenance or use of arms and related material;
• a prohibition on providing or collecting funds with the intention that the funds be used, or in the knowledge that the funds are to be used, by a designated person;
• an assets freeze against any designated person.

Causing, assisting or promoting prohibited activities is likewise prohibited.

Permits and Certificates

Exemption certificates may be issued in certain circumstances. The circumstances in which such applications can be made are set out in the respective regulations.

Background

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.

Al-Qaida and Taliban Regulations

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 adoption of UNSCR 1988 (2011) and 1989 (2011) split the Consolidated List of the Security Council into the Al-Qaida Sanctions List (also referred to as the 1267/1989 List) and the Taliban Sanctions List (also referred to as the 1988 List). The Security Council Committee established pursuant to United Nations Security Council Resolution 1267 (1999) (the Al-Qaida Sanctions Committee) maintains a list of individuals and entities associated with Al-Qaida. The Security Council Committee established pursuant to United Nations Security Council Resolution 1988 (2011) (the 1988 Sanctions Committee) maintains a list of individuals and entities associated with the Taliban. These lists are incorporated into the Al-Qaida and Taliban Regulations by reference.

On May 9, 2013, the Government of Canada listed the Taliban as a terrorist entity under the Criminal Code, which contains prohibitions on various activities and transactions with respect to listed entities. To resolve the resulting duplication, the regulations were amended on September 26, 2014. Individuals and entities associated with the Taliban remain listed, reflecting the Taliban Sanctions list established by United Nations Security Council Resolution 1988 (2011).

The Al-Qaida and Taliban Regulations, as amended, implement in Canadian domestic law the binding elements of United Nations Security Council Resolution 1267 (1999) and its successor resolutions.

Suppression of Terrorism Regulations

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).

Criminal Code

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.

Selected Documents

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