Any person or group listed may have its assets seized and forfeited. There are severe penalties, including up to ten years imprisonment, for persons and organizations that deal in the property or finances of any listed entity
OTTAWA , May 24, 2005 -- Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness, the Honourable Anne McLellan today announced that the Government of Canada has listed the following entities, pursuant to the Criminal Code:
The Mujahedin-e-Khalq (MEK) is an Iranian terrorist organization that was based in Iraq until recently. This group is determined to overthrow the current regime in Iran and establish a democratic, socialist Islamic republic. They support the use of physical force, armed struggle or jihad if necessary.
The Kahane Chai (Kach) is a group of Jewish terrorists whose overall aim is to restore the biblical state of Israel . To this end, the group aims to intimidate and threaten Palestinian families and mount sustained political pressure on the Israeli government.
Gulbuddin Hekmatyar, leader of the group Hezb-e Islami Gulbuddin (HIG), espouses an Islamist, anti-Western ideology whose political or religious objective is to overthrow the administration of Afghan President Hamid Karzai and to create an Islamist fundamentalist state. Since 2002, Hekmatyar has reportedly established a base, recruited new members and initiated mobile training camps with Al Qaida and the Taliban in Afghanistan and Pakistan .
The Government of Canada has determined that these entities knowingly engaged in terrorist activity. This brings to 38 the number of listed entities under the Criminal Code.
“Canada is committed to taking all necessary steps as part of the international effort to bring terrorists to justice and to ensure terrorists are denied access to funding,” said Deputy Prime Minister Anne McLellan. “The listing of entities is an important part of that ongoing effort.”
Any person or group listed may have its assets seized and forfeited. There are severe penalties, including up to ten years imprisonment, for persons and organizations that deal in the property or finances of any listed entity. In addition, it is a crime to knowingly participate in, contribute to, or facilitate the activities of a listed entity.
Under the Criminal Code, the Governor in Council may list an entity on the recommendation of the Minister of Public Safety and Emergency Preparedness.
Recommendations made by the Minister of Public Safety and Emergency Preparedness are based on a rigorous evaluation of the facts and the Governor-in-Council must approve the listing. Once approved, the decision is published in the Canada Gazette.
The Act also provides an explicit appeal process, including a provision that a listed entity can apply to the Minister of Public Safety and Emergency Preparedness to be removed from the list.
A separate mechanism for listing entities exists pursuant to Canada’s United Nations Suppression of Terrorism Regulations (UNSTR) under the responsibility of the Minister of Foreign Affairs. These regulations enable Canada to comply with UN Security Council Resolution 1267 and 1373, which, among other things, calls on states to freeze terrorist assets without delay.
Like the Criminal Code, the UNSTR requires all Canadian financial institutions to freeze the assets of a listed entity and places a prohibition on fundraising activities. Entities are added to the schedule to the UNSTR where there are reasonable grounds to believe that the entity is associated with terrorist activity.
Regardless of whether an entity is listed under the Criminal Code or the UNSTR, any individual participating in terrorist activities as defined in the Criminal Code can be investigated and prosecuted under the statute.
The names of listed entities under the Criminal Code, and background information can be found on the Public Safety and Emergency Preparedness Canada website at www.psepc.gc.ca under National Security, Listing Process.
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