US embassy cable - 05OTTAWA746

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TERRORIST FINANCE - OTTAWA: GOC SEEKS U.S. VIEWS ON DOMESTIC DESIGNATION OF HIZB-I ISLAMI GULBUDDIN (HIG), GULBUDDIN HEKMATYAR AND MEK

Identifier: 05OTTAWA746
Wikileaks: View 05OTTAWA746 at Wikileaks.org
Origin: Embassy Ottawa
Created: 2005-03-10 14:43:00
Classification: SECRET
Tags: EFIN PREL PTER CVIS KVPR KTFN CA Terrorism
Redacted: This cable was not redacted by Wikileaks.
This record is a partial extract of the original cable. The full text of the original cable is not available.


 
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, Terrorism 
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? 
---------------------- 
 
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 

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