TERRORIST FINANCE - OTTAWA: GOC SEEKS U.S. VIEWS

S E C R E T OTTAWA 000746

SIPDIS

STATE FOR EB/ESC/TFS (DNELSON),S/CT (TKUSHNER),IO/PHO
(JSCHWEITZER),AND WHA/CAN
TREASURY (JZARATE),AND OFAC (RWERNER)
NSC (MRUPPERT)

E.O. 12958: DECL: 09/30/2014
TAGS: EFIN PREL PTER CVIS KVPR KTFN CA
SUBJECT: TERRORIST FINANCE - OTTAWA: GOC SEEKS U.S. VIEWS
ON DOMESTIC DESIGNATION OF HIZB-I ISLAMI GULBUDDIN (HIG),
GULBUDDIN HEKMATYAR AND MEK

Classified By: Classified by Wendy Moore, Economics Counselor, Ottawa.
Reason: 1.4(e).


1. (U) This is an action request.


2. (S) The GOC is considering possible Canadian Criminal
Code listing of Hizb-I-Islami Gulbuddin (HIG),Gulbuddin
Hekmatyar and the Mujahedin-e Khalq (MEK) in the near future.
MEK and Gulbuddin Hekmatyar are currently listed in Canada
under the UN Suppression of Terrorism resolution (UNSTR).
(Note: The latter name is on OFAC's SDN list as Hekmatyar
Gulbuddin and variations. End note). HIG is not currently
listed in Canada. They would especially welcome USG views on
the planned listing of HIG and the MEK.

What's the difference?
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3. (S) In Canada, both the Criminal Code and UNSTR 1267
Committee designation freeze assets and prohibit fundraising.
Penalties are higher under the Criminal Code, and the
threshold for prosecution is arguably lower as it is not
necessary to prove a link to terrorism. (Comment: Which
also avoids the need to use certain categories of sensitive
evidence. End comment.) However, while all UN 1267
Committee designations are automatically adopted under
Canadian law, the threshold for listing under the Criminal
Code is more rigorous. The GOC is in the process of
reviewing implementation of its post-September 11
anti-terrorism legislation with regard to impact on domestic
legislation and has identified the three names above as
likely candidates for Criminal Code listing. However, they
would like to confirm USG views before proceeding.

Visit Canada's Classified Web Site at
http://www.state.sgov.gov/p/wha/ottawa

CELLUCCI