A/HRC/16/51 of the listing and delisting process for the Consolidated List.62 Taking the view that the imposition by the Security Council of sanctions on individuals and entities under the current system exceeds the powers conferred on the Council under Chapter VII of the Charter of the United Nations, the Special Rapporteur has called for the replacement of the current terrorist listing regime under resolution 1267 (1999) with a system whereby the United Nations and the Security Council would continue to be involved through, inter alia, assistance and advice, while the actual listing of individuals would be done by Member States, accompanied by adequate procedural guarantees.63 34. Some countries also provide mechanisms for the listing of additional groups as terrorist entities. In a number of these countries, this possibility is correctly restricted to individuals or entities that have as one of their purposes or activities the facilitating or carrying out of terrorist acts,64 as properly defined, and is accompanied by the following safeguards: (a) the need to establish, on reasonable grounds, that the entity has knowingly carried out or participated in or facilitated a terrorist act; (b) procedures allowing the entity to apply for removal from such a list, together with rights of appeal or judicial review and an ability to make a fresh application for removal in the event of a material change of circumstances or the emergence of new evidence relevant to the listing; (c) periodic review of the list to determine whether reasonable grounds remain for entities to be listed; and (d) mechanisms allowing claims of mistaken identity to be dealt with speedily and making compensation available for persons wrongly affected.65 An individual or entity subject to designation as terrorist, whether as a result of listing on the Consolidated List of the United Nations or through a domestic procedure for similar listing, must be informed of that fact and of the measures taken as a consequence of listing, and is entitled to know the case against him, her or it, and be able to be heard within a reasonable time by the relevant decision-making body.66 35. The Special Rapporteur identifies the elements below of a best practice concerning the listing of terrorist entities: Practice 9. Core elements of best practice in the listing of terrorist entities Irrespective of the continued existence of the practice of the Security Council to list individuals or entities as terrorist, the implementation of any sanctions against individuals or entities listed as terrorist shall comply with the following minimum safeguards: 1. Sanctions against the individual or entity are based on reasonable grounds to believe that the individual or entity has knowingly carried out, participated in or facilitated a terrorist act (as properly defined pursuant to practice 7 above); 2. The listed individual or entity is promptly informed of the listing and its factual grounds, the consequences of such listing and the matters in items 3 to 6 below; 3. The listed individual or entity has the right to apply for de-listing or nonimplementation of the sanctions, and has a right to court review of the decision resulting 62 63 64 65 66 - A/65/258, paras. 55-58. See also Kadi v European Commission (No 2), case T85-09, 30 September 2010. A/65/258, paras. 70 and 75(b). Australia, Criminal Code Act 1985, sect. 102.1(1); Canada, Criminal Code 1985, sect. 83.05(1). CF. the designation of organizations using the much vaguer notion of organizations “concerned with” terrorism under section 3(4) of the Terrorism Act 2000 of the United Kingdom. Australia, Charter of the United Nations Act, 1945, sect. 25; Belgium, arrêté royale du 28 décembre 2006; Canada, Criminal Code 1985, sects. 83.05 and 83.07. See also the questionnaire response submitted by Canada. See A/HRC/4/88, paras. 17-22, A/HRC/4/26/Add.2, para. 90 (e), and A/63/223, paras. 16 and 45 (a). 17