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Reporting listed person or entity property to FINTRAC

From: Financial Transactions and Reports Analysis Centre of Canada (FINTRAC)

This guidance explains the requirement for all businesses subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the Act) to report terrorist and sanctioned property to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC).

In this guidance

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This guidance is in effect as follows:

1. Who must comply

All reporting entities must report terrorist and sanctioned property through a Listed Person or Entity Property Report.

2. What is a Listed Person or Entity Property Report

Listed person or entity property reporting requirements under the Act and associated Regulations pertain to the reporting of terrorist or sanctioned property.

You must submit a Listed Person or Entity Property Report to FINTRAC if you are required to make a disclosure under:

It is important to familiarize yourself with your reporting obligations under other associated legislation.

These obligations fall outside of the scope of the Act and are not addressed in this guidance.

Throughout this guidance, FINTRAC provides references to external websites that make additional information available. These links are provided for convenience, but FINTRAC is not responsible for administering or enforcing these obligations.

Legal references

3. What is considered to be property

Property is anything owned or controlled by a person or entity, whether tangible or intangible. It includes real and personal property, as well as deeds and instruments that give a title or right to property, or to receive money or goods. It also includes any property that has been converted or exchanged, or acquired from any conversion or exchange.

The following are examples of property for the purpose of a Listed Person or Entity Property Report:

4. What is a listed person or entity

It is common for sanctions regulations to prohibit or restrict dealings with certain persons (both individuals and entities). In such cases, the relevant sanctions regulation will refer to “listed”, “named”, or “designated” persons. These terms are often used interchangeably when discussing sanctions, although regulations are specific in their usage of the terms.

A listed person or entity is defined as follows:

Note: A person or entity for these purposes could include an individual, group, corporation, trust, partnership or fund, or an unincorporated association or organization.

Lists of sanctioned and terrorist persons and entities

Consult the following lists for individuals and entities subject to sanctions:

Consult the following list for terrorist entities listed under the Criminal Code on the Public Safety Canada website:

You also have other legal obligations under Canada's Criminal Code and sanctions laws and associated regulations with respect to monitoring and reporting of relevant property ownership.
For more information on these obligations, consult:

Subscribe to Global Affairs Canada's email alerts to stay informed about sanctions and how they can affect your business.

Definition of a terrorist group under the Criminal Code

A listed person or entity includes a terrorist group as defined in subsection 83.01(1) of the Criminal Code:

listed entity is one that appears on a list established under section 83.05  of the Criminal Code. This list is a public means of identifying a group or individuals as being associated with terrorist activity.

Through the course of your normal business activities, you may come across information that leads you to determine that a client is associated with or is part of a terrorist group. This can occur when you come across:

Consult currently listed entities on the Public Safety Canada website:

Definition of a foreign state, that is the subject of an order or regulation made under the Special Economic Measures Act or the United Nations Act

Listed entities include a foreign state that is the subject of an order or regulation made under the United Nations Act or the Special Economic Measures Act.

According to section 2 of the Special Economic Measures Act, a foreign state is a country other than Canada and includes:

Legal references

5. When to submit a Listed Person or Entity Property Report to FINTRAC

You must submit a Listed Person or Entity Property Report to FINTRAC immediately if you are required to make a disclosure under:

No criminal or civil proceedings will be carried out against a person or an entity for submitting a Listed Person or Entity Property Report to FINTRAC in good faith.

Legal references

Every person in Canada and every Canadian outside Canada must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service information on the following:

Criminal Code

In addition, you must disclose information about any transaction or proposed transaction in respect of that property.

Justice for Victims of Corrupt Foreign Officials Act

In addition, you must disclose information about a transaction or proposed transaction in respect of such property.

United Nations Act

In addition, you must disclose information about a transaction or proposed transaction in respect of such property.

Special Economic Measures Act

In addition, you must disclose information about a transaction or proposed transaction in respect of such property.

Note: If you know that a transaction is related to property owned or controlled by or on behalf of a terrorist group, listed person or listed entity, you should not complete the transaction.

Legal references

6. How a Listed Person or Entity Property Report differs from other reports submitted to FINTRAC

A Listed Person or Entity Property Report differs from other reports that are submitted to FINTRAC because a transaction or attempted transaction does not have to occur for you to submit a Listed Person or Entity Property Report.

Instead, it is the mere existence of property (such as a bank account) owned or controlled by or on behalf of a terrorist group, listed person or listed entity that prompts your obligation to disclose to the Royal Canadian Mounted Police or Canadian Security Intelligence Service, and submit a Listed Person or Entity Property Report to FINTRAC.

Listed Person or Entity Property Reports contribute to Canada's anti-money laundering, anti-terrorist financing, and countering sanctions evasion regime as they provide information about property held by a listed person or entity that may not be found in other financial transaction reports. In addition, through FINTRAC's tactical analysis, Listed Person or Entity Property Reports can provide invaluable insight and assist in the detection of individuals and entities that may be involved in terrorist activity financing or sanctions evasion networks.

7. How to submit a Listed Person or Entity Property Report

FINTRAC's Listed Person or Entity Property Report form can be printed from the Paper reporting forms web page, or you can request a form to be faxed or mailed to you by calling FINTRAC at 1-866-346-8722.

You must submit Listed Person or Entity Property Reports to FINTRAC by fax if you have the technical capability to do so. If you do not have the capability to submit by fax, you must send the report by mail.

Financial Transactions and Reports Analysis Centre of Canada
Section A
234 Laurier Avenue West, 24th floor
Ottawa ON K1P 1H7
CANADA

Note: There is no official acknowledgment of receipt when you submit a Listed Person or Entity Property Report to FINTRAC.

8. Other requirements associated with Listed Person or Entity Property Reports

In this section

When to also submit a Suspicious Transaction Report

It is important to remember that you must submit a Suspicious Transaction Report to FINTRAC if a transaction has taken place or was attempted and you have reasonable grounds to suspect that the transaction is related to the commission or attempted commission of a:

If a transaction was attempted or completed, and it involved property that you know is owned or controlled by or on behalf of a terrorist group, or that you believe is owned or controlled by or on behalf of a listed person or listed entity (for which you must submit a Listed Person or Entity Property Report), you should also submit an suspicious transaction report to FINTRAC. This is because you have reached the threshold of reasonable grounds to suspect that the transaction or attempted transaction is related to the commission or attempted commission of a terrorist activity financing offence.

Reasonable grounds to suspect means there is a possibility that a money laundering or terrorist financing offence has occurred based on an assessment of facts, context, and indicators, and you are able to present the reasons why it is suspicious without proof or verification. Having reasonable grounds to believe is a higher threshold and means there is a probability that a money laundering or terrorist financing offence has occurred, and you are able to present a set of verified facts that can be proven and that support this belief.

If you do not meet the disclosure threshold that the property in your possession or control is owned or controlled by or on behalf of a terrorist group, listed person or listed entity, the requirement to disclose to the Royal Canadian Mounted Police or Canadian Security Intelligence Service is not triggered, and therefore, a Listed Person or Entity Property Report is not required. However, if you suspect that the property in your possession or control is owned or controlled by or on behalf of a terrorist group, listed person or listed entity, you must submit a Suspicious Transaction Report to FINTRAC if there was an attempted or completed transaction associated with this property.

For more information on your requirements for reporting suspicious transactions , refer to FINTRAC's guidance on Reporting suspicious transactions to FINTRAC.

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Compliance program

Your compliance program's policies and procedures must explain your process for submitting a Listed Person or Entity Property Report, including your process to identify terrorist or sanctioned property. They must also include processes to ensure Listed Person or Entity Property Reports are complete, accurate and submitted to FINTRAC immediately. 

You must also establish a compliance training program that ensures your employees, agents or other individuals authorized to act on your behalf are aware of your terrorist and sanctioned property reporting requirements.

You must also assess the effectiveness of your compliance program as a part of your two-year effectiveness review. This includes assessing how effective you are in detecting, assessing and submitting Listed Person or Entity Property Reports.

Record keeping

You must keep a copy of any Listed Person or Entity Property Report you submit to FINTRAC for a period of at least 5 years from the day the report is sent. The copy of the report may be kept in a machine-readable or electronic format if a paper copy can be readily produced from it.

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Ministerial directives

You must consider all requirements issued under a ministerial directive along with your Listed Person or Entity reporting requirements.
For more information:

Voluntary self-declaration of non-compliance

If you discover instances of non-compliance related to your reporting or other requirements, FINTRAC strongly encourages you to report a voluntary self-declaration of non-compliance.

For more information:

For assistance

If you have questions about your terrorist and sanctioned property reporting obligations, please contact FINTRAC by email at guidelines-lignesdirectrices@fintrac-canafe.gc.ca.

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