THE UNITED NATIONS COUNTER-TERRORISM COMMITTEE December 2007

THE UNITED NATIONSCOUNTER-TERRORISM

COMMITTEE

December 2007

Mandates from the Security Council and the General Assembly

The Committee was given its mandates through the following UN documents:

--Security Council resolutions 1373 (2001)

--Security Council resolution 1535 (2004)

--Security Council resolution 1624 (2005)

--Other relevant Security Council resolutions

--General Assembly resolution (A/RES/60/288) on the UN Global Counter-Terrorism Strategy

Monitoring Member States’ Implementation of Resolution 1373 (2001)

One of the important mandates for the Committee: monitoring Member States implementation of resolution 1373 (2001)

Through a variety of means: (a) Member States’ regular reporting (b) Meetings and dialogues (c) On-site visits (d) Preliminary implementation assessment (PIA)

Preliminary Implementation Assessment

(PIA) A core tool and updated procedure for the Committee adopted in October

2006 Purposes:

making a more targeted approach focusing more on implementation rather then reporting making thorough, consistent, transparent and even-handed analysis for all Member States of the United Nations using international standards allowing for a longer and flexible period of time for reporting while maintaining exchanges and dialogues with Member States provide a basis for a global assessment of counter-terrorism efforts


(PIA) Basis for analysis:

UNODC Member State’s reports On-site visits to Member States Official government home pages Information provided from relevant international, regional and sub-regional organizations, as appropriate (IMF, INTERPOL, UNHCR, WCO, FATF, etc. ) Information obtained through dialogue with Member States Information obtained by other relevant Security Council subsidiary organs (1267 and 1540 Committees)


(PIA) Procedure for preparation and consideration:

prepared by CTED experts reviewed by one of the Sub-committees of the Committee approved by the Committee sent to Member States with cover letters

• Member States are requested to: review the PIA provide updates to the Committee on measures taken and on areas where there is insufficient information take measures to address identified shortfalls


(PIA) Format (1+ 2 + 3+ 4):

1 document: PIA

2 columns: requirements of the resolution implementation status of Member States

3 dimensions: legislation institution practical application

4 ratings: f: fully implemented p: partially implemented (shortfalls exist or additional information is needed to make a full assessment) n: not implemented i: insufficient information (lack of sufficient information to make assessment)

Implementation of provisions of res. 1373

(2001)

FieldProvisions of res. 1373 (2001)

I

L1.1.5 Establishment of a financial intelligence unit (FIU) or equivalent

P

L1.1.4 Penalties for non-compliance with the reporting obligation.

L1.1.3 Reporting obligation for financial institutions and other intermediaries (e.g. lawyers, notaries, other independent legal professionals, accountants acting as independent legal professionals, dealers in precious metals and stones, and trust and company service providers)

L1.1.2 Reporting obligation extends to money laundering and financing of terrorism

L 1.1.1 Anti-money-laundering law in force

1.1. Prevent and suppress financing of terrorism / Prohibit non-State entities from making any assets available to fund terrorist activities (1 (a) + (d))

Yes. The Financial Services Agency established the Financial Intelligence Office (FIO) in February 2000.

I

Yes. The Anti-Organized Crime Law in 2000. L1.1.5 Establishment of a financial intelligence unit (FIU) or equivalent

Insufficient information.P

Yes. Failure to provide suspicious transaction reports is an offence which is liable to a fine and/or imprisonment for a term not exceeding 5 years pursuant to the Anti-Terrorism (Financial and other Measures) Order.

L1.1.4 Penalties for non-compliance with the reporting obligation.

Partially. Section 3 of the AMLA. Lawyers, accountants and notaries have the legal obligation to report STRs to the AMLO by Section 16 of the AMLA.

Measures are being taken to address the regulation of dealers in gold, jewelry, car and motorcycle trade.

L1.1.3 Reporting obligation for financial institutions and other intermediaries (e.g. lawyers, notaries, other independent legal professionals, accountants acting as independent legal professionals, dealers in precious metals and stones, and trust and company service providers)

Partially. Reporting obligation extends to money laundering. Art. 9-10 Decree No. 74/2005/ND-CP of June 7, 2005.

Reporting obligation does not extend to the financing of terrorism.

L1.1.2 Reporting obligation extends to money laundering and financing of terrorism

Yes. The Anti-Money-Laundering Law entered into effect on January 1, 2007.

L 1.1.1 Anti-money-laundering law in force


Sample with Assessment

Implementation of provisions of res. 1373 (2001)


P

I

L1.1.7 Regulation of alternative remittance systems (e.g. hawala, wire transfers and cash couriers).

P

I

L1.1.6 Regulation of charitable organizations


L1.2.2 Law criminalizing the financing of terrorism

L1.2.3 Criminalization of any form of assistance (transport, lodging, etc.)

L1.2.1 Law specifically criminalizing the provision or collection of funds with intention of use for terrorist acts

1.2. Criminalization of wilful provision or collection of funds with intention of use for terrorist acts, regardless of whether act is attempted or completed (1 (b))

L1.1.8 Legislation relating to customer identification and record keeping


Implementation of provisions of res. 1373

(2001)




P

L1.3.2 Guarantees of due process

L1.3.1 Provision for the freezing, without delay, of funds and assets of terrorists, whether of licit or illicit origin

1.3. Laws/regulations to freeze funds/assets of terrorists without delay (1 (c))

L1.2.4 Assistance criminalized with adequate precision to give fair notice of the conduct prohibited and to avoid misuse to suppress lawful demonstrations or dissent



L

/P

2.2.1 Legislation to control arms and explosives

2.2. Eliminate the supply of weapons to terrorists (2 (a))

P2.1.2 Efforts to suppress recruitment by terrorist groups

L2.1.1 Criminalization of recruitment by terrorist

2.1. Suppress recruitment of members of terrorist groups (2 (a))

P



P2.3.2 Early warning arrangements with other States

I2.3.1 Counter-terrorism measures managed by

appropriate agency/ies

2.3. Prevent terrorist acts, including through exchange of information with States (2 (b))

P2.2.2 Import/export controls for arms and explosives and an enforcement programme to detect and prevent

smuggling of weapons

L



P

2.4.4 Provisions to ensure that human traffickers are apprehended and punished

L2.4.3 Measures to ensure that populations not under direct State control (e.g. refugee and IDP camps run by UNHCR and NGOs, breakaway provinces, etc.) do not harbour terrorists

P2.4.2 Screening procedures to identify terrorists prior to granting of any form of temporary or permanent residence, including naturalization

L2.4.1 Legislation criminalizing the provision of safe haven to terrorists and their supporters by individuals or organizations

2.4. Deny safe haven to those who assist or commit terrorist acts (2 (c))



P

I

L2.4.5 Measures to criminalize and reduce illegal migration

L



L

/P

2.6.2 Existence of exceptional criminal procedures and accompanying safeguards applicable to terrorism-related cases

L2.6.1 Codification of terrorist offences, as stipulated in international counter-terrorism instruments, in domestic criminal law

2.6. Ensure that persons who finance, plan, prepare or perpetrate terrorist acts are brought to justice, that such terrorist acts are established as serious criminal offences in domestic laws and that the punishment duly reflects the seriousness of such acts (2 (e

P

2.5.1 Prohibition of use of territory to commit or prepare terrorist acts against other States or their citizens

2.5. Prevent those who finance, plan, support or commit terrorist acts from using a State’s territory for those

purposes against other States or their citizens (2 (d))



L2.7.1 Domestic provisions for extradition and/or mutual legal assistance, including transfer of criminal proceedings

2.7. Domestic provisions for cooperation with other countries (e.g. laws on modalities of inter-State cooperation, extradition, mutual legal assistance,

transfer of criminal proceedings, etc. (2 (f))

L2.6.5 Application of principle of “aut dedere aut

judicare” (prosecute or extradite)

L2.6.4 Jurisdiction of courts extends to acts committed outside State’s territory by foreign nationals currently within State

L2.6.3 Jurisdiction of courts extends to acts committed outside State’s territory by its nationals (whether or

not currently within State’s territory)

P



L2.8.3 Controls on the issuance of identity and travel

documents

P2.8.2 Procedures for identifying illegal immigrants or aliens

L2.8.1 Effective controls on the cross-border movement of persons and their property (including cash and other monetary instruments)

2.8. Prevent movement of terrorists by effective border controls and controls on issuance, and prevention of counterfeiting, of identification and travel documents (2 (g))

L

/P

2.7.2 Procedures to ensure that refoulement does not take place



P3.2.1 Procedures for exchange of information and cooperation on administrative and judicial matters

3.2. Exchange information and cooperate on administrative and judicial matters to prevent the commission of terrorist acts (3 (b))

P3.1.1 Procedures for exchange of information on movement of terrorists, forgery and falsification of travel documents, arms trafficking, use of communication technologies, and terrorist threats

related to WMD

3.1. Intensify and accelerate exchange of operational information on actions or movements of terrorists, forged or falsified travel documents, traffic in arms, explosive or sensitive materials, use of communications technologies, and threat posed by possession of weapons of mass destruction (WMD) by terrorist groups (3 (a))

P2.8.4 Provisions to ensure aviation, maritime, and cargo security



P3.4.2 Status of implementation of the 13 international

instruments

L3.4.1 Status of ratification of/accession to the 13 international instruments

3.4. Become a party to and fully implement the international instruments relating to terrorism (3 (d) + (e))

L

3.3.1 Multilateral/bilateral agreements on extradition and/or mutual legal assistance

3.3. Cooperation through bilateral and multilateral arrangements and agreements to prevent and suppress terrorist attacks, and to take action

against terrorists (3 (c))



L

/P

3.5.4 Existence of a parallel asylum, humanitarian or informal protection system and information on how individuals who have planned, facilitated or participated in an act of terrorism are dealt with

L

/P

3.5.3 Provision for excludable or expellable asylum

seekers/refugees who cannot be deported

L

/P

3.5.2 Exclusion and expulsion procedures in compliance with international human rights standards and appropriate safeguards (e.g. right to respond to evidence or information, right to legal assistance, right to an interpreter, right to appeal and to protection against removal until all legal remedies have been exhausted)

L

/P

3.5.1 Procedures for excluding terrorists from obtaining refugee status and expelling terrorists who have obtained refugee status

3.5. Take appropriate measures to ensure that asylum seekers and refugees have not committed terrorist acts (3 (f) + (g))



L3.6.2 Legislation permits denial of requests for extradition or mutual legal assistance where accusation of terrorism is believed to be made for the purpose of prosecution on account of race, religion,

nationality, ethnic origin, political opinion or gender

L

3.6.1 Requests for extradition or mutual legal assistance based on a terrorist offence cannot be refused on the grounds that the offence is of a political nature

3.6. Claims of political motivation are not recognized as grounds for refusing requests for extradition of alleged terrorists (3 (g))

THE UNITED NATIONSCOUNTER-TERRORISM COMMITTEE IN THE

FIGHT AGAINST TERRORISM

• “Terrorism hurts all nations -- large and small, rich and poor. It takes its toll on human beings of every age and income, culture and religion. It strikes against everything the United Nations stands for. The fight against terrorism is our common mission.”

-- UN Secretary-General Ban Ki-moon in statement to Member States on 16 February 2007

Documents

THE UNITED NATIONS COUNTER-TERRORISM COMMITTEE December 2007