Geographic areas controlled by a terrorist group
While the changes to the Criminal Code were introduced following the Taliban's takeover of Afghanistan in August of 2021, the Authorization Regime is not limited to Afghanistan and applies to any geographic area controlled by a terrorist group.
For the purposes of this Authorization Regime, a terrorist group controls a geographic area if it exerts sufficient influence over the area, such that the carrying out of an activity in the area could reasonably be expected to result in the terrorist group using or benefiting from any property or financial or other related services linked to that activity. An area controlled by a terrorist group could, for example, be an entire country, but could also be part of a country, such as a province or city, but even part of a city or a region.
Furthermore, “terrorist group” is defined in subsection 83.01(1) of the Criminal Code as (1) an entity that has as one of its purposes or activities facilitating or carrying out any terrorist activity, or (2) a listed entity, and, for both, includes an association of such entities. “Terrorist activity” is also a defined term in subsection 83.01(1) of the Criminal Code.
Listed terrorist entities
A list of terrorist entities listed pursuant to the Criminal Code can be found here: Currently listed entities.
As can be seen from the definition of “terrorist group”, not all terrorist groups are necessarily “listed entities”. Since global terrorism threats and patterns shift, applications for authorization will be assessed against the facts and information provided in each application.
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