La Industria y sus Competidores

and, along with other international and regional organisations, have a role in facilitating and promoting co-ordination and coherence to that end at national, regional and global levels. The UN’s counter-terrorism strategy rests on four pillars:

1. tackling the conditions conducive to the spread of terrorism; 2. preventing and combating terrorism;

3. building states’ capacity to prevent and combat terrorism and to strengthen the role of the UN system in that regard; and

4. ensuring respect for human rights for all and the rule of law as the fundamental basis for the fight against terrorism.

The 1999 International Convention for the Suppression of the Financing of Terrorism15 _{(the 1999}

Convention) is a key reference point. It obliges member states to establish and maintain a general anti-terrorist financing regime to internationally accepted minimum standards.

In summary, it:

• requires parties to take steps to prevent and counteract the TF, whether direct or indirect, through groups claiming to have charitable, social or cultural goals or which also engage in such illicit activities as drug trafficking or gun-running;

• commits states to hold those who finance terrorism criminally, civilly or administratively liable for such acts, by criminalising TF under domestic legislation and creating penalties in line with the grave nature of the offences;

• requires the identification, freezing and seizure of funds allocated for terrorist activities, as well as the sharing of the forfeited funds with other states on a case-by-case basis;

• requires close co-operation between states in investigations and evidence gathering. Importantly it excludes bank secrecy, tax regulations and political dissent being used as an excuse not to co-operate and allows for the creation of information-sharing mechanisms between states.

It is important to remember that the 1999 Convention applies to cross-border offences and not just purely domestic ones.

2.2

The United Nations Security Council (UNSC)

Learning Objective

4.2.2 Understand the work of the United Nations Security Council in relation to the financing of terrorism: Resolution 1267 (1999); Resolution 1373 (2001); Resolution 1390 (2002)

In addition to UN General Assembly resolutions and the Convention, the UN acts on TF via the Security Council (UNSC) and its relevant bodies – the Counter-Terrorism Committee (CTC), the Counter-Terrorism Committee Executive Directorate (CTED) and the Counter-Terrorism Implementation Task Force (CTITF).

15 UN International Convention for the Suppression of the Financing of Terrorism, found at http://www.un.org/law/cod/ finterr.htm

2.2.1 UN Security Council Resolutions (UNSCR) Connected to

Combating of Finance of Terrorism (CFT)

In addition to establishing the 1999 Convention, the UN has reacted in response to specific threats, principally by means of Security Council Resolutions (UNSCRs). UNSCRs 1267 and 1373 are key instruments in CFT policy. Whilst such resolutions are relatively quick in the making, they typically result from short political, as opposed to long technical, processes. As information on threats becomes available, additional resolutions are used to encompass them. Both the Convention and all the UNSCRs summarised below mandate action that implies the use of financial intelligence:

• Resolution 1267 (1999) – promulgated in response inter alia to attacks in Africa, it established a Sanctions Committee on Taliban and Al-Qaida16_{, which publishes lists of proscribed individuals and}

entities, and requires assets to be seized. The resolution, which has been updated several times by other UNSCRs (including 1390 (2002)), required all member states to freeze the assets of, prevent the entry into or the transit through their territories of, and prevent the direct or indirect supply, sale and transfer of arms and military equipment with regard to, any individual or entity associated with Al-Qaida, Usama bin Laden and/or the Taliban as designated by the Council’s Al-Qaida and Taliban Sanctions Committee.

In June 2011, UNSCRs 1988 and 1989 (2011) separated this regime into two parts, one dealing with Al-Qaida and the other country-specific, with separate listing, delisting and monitoring mechanisms. • Resolution 1373 (2001) – promulgated after the 2001 attacks in the US, this instrument obliged

all states to criminalise assistance for terrorist activities, deny financial support and safe haven to terrorists, and share information about groups planning terrorist attacks. However, unlike the specific Al-Qaida/Taliban regime established under UNSCR 1267 (1999), there is no listing mechanism at the UN level. Many countries have introduced their own listing mechanism to comply with these requirements.

• Resolution 1390 (2002) – updated the 1267 regime by targeting Osama bin Laden, members of the Al-Qaida organisation and the Taliban and other individuals, groups, undertakings and entities associated with them.

• Resolution 1540 (2004) – called on states to establish controls to prevent access to weapons of mass destruction by non-state actors, ie, terrorist groups.

• Resolution 1566 (2004) – provided for the extension of these measures to newly targeted terrorist groups.

It should be remembered that, when resolutions are issued under Chapter VII of the UN Charter, the UNSC’s resolutions are mandatory and have an immediate effect on all UN member states. UNSCRs 1373 and 1540 are particularly important in this regard.

2.2.2 Monitoring and Assistance

The UN helps states to implement their CFT finance measures in a number of ways. Its Counter-Terrorism Committee (CTC) has published a legislative handbook covering the UN’s 12 major anti-terrorism conventions and can call on another body, the Counter-Terrorism Committee Executive Directorate (CTED) for technical support and to facilitate external technical assistance, co-operation and co-ordination.

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