counter-terrorism, security and enabling …...financial action task force structure: • taskforce,...

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Counter-Terrorism, Security and Enabling Environmentfor Civil Society

Important developments

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2001Pre2001 2002 2003 2004 2005 200

62009 201

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Contactgroup?

Confe-rence?

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Restrictions/controlsonfinancial transactionsUSA

UNEU

Terrorlist

Security

UN resolution1373

Developmentand Peace Building

Anti terrorclauses

ProvidingAppropriateToolsRequired toInterceptandObstructTerrorism

2003

ODA as % of general budget support

Extra opportunities for regimes to limit criticalNGO’s

Frame- workCode ofconduct

2005

CivilSocietyWatch

Time

MaterialSupportAct

ArabSpring

LegalRisk

GlobalCT strategy

Laden…

Important UN resolutions

UNSC resolution 1373: • Prevent and surpress financing of terrorism• Criminalize collections and provision of funds for terrorism• Freeze assets• Refrain from support to terrorist acts• Deny safe havens• Increase coordination and cooperation between states


UNSC resolution 1267 / 1989(The Taliban)– Al Qaida sanction regime • Sanction measures applied to designated individuals and

entities associated with Al Qiada• Freezing of assets• Travel ban• Prevent direct and indirect supply and support

Laden…


UNSC resolution 1624 - Prohibit incitement to terrorist action- Deny safe haven to persons suspect of involvement in terrorist

acts- Measures in accordance with international law

Important UN resolutionsUNSC resolution 2178: Foreign Fighters Resolution - Preventing the recruiting, organizing, transporting, or

equipping of individuals who travel to a State, other than theirState of residence, for the purpuse of perpetrating, planning of,or particpating in terrorist acts.

- Condemming violent extremism- Preventing movement of terrorists- Exchange operational information (financial/travel)- Financial restrictions

Important UN resolutionsUNGA 60/288 2008: Global Counter terrorism Strategy Comprehensive and integrated approach (on paper) 4 pillars:

• Measures to address conditions conducive to the spread of terrorism• Measures to prevent and combat terrorism• Measures to build state capacity to prevent and combat terrorism• Measures to ensure respect for HR and the rule of law

UN Global Counter-Terrorism Strategy

This strategy invites CS to take a role and responsibilityin countering terrorism

Mayor obstacles at the start:

• Whose agenda?• CS is not instrumental• State terrorism is not included• Root causes are not addressed (injustice,

development and conflict transformation)

International level

Local level

Service & contentdriven

Value or ideologydriven

Research &knowledge centers

INGOsHumanitarian &

Development

Social CareProviders at

community level

Global Movements

Peace Buildingorganizations

Grassrootmovements

CommunityPolicing Groups

CBO’s & interestgroups

Religious

networks

CONTRACTING

DIALOGUE &

NEGOTATION

CounterTerrorism

CVE 1.0cve specific

PVE/CVE 2.0cve relevant

Incoherences

• Hard security/ military kineticaction

• Direct impact; short term• Isolation

CVE 1.0• Soft approach• Community Engagement• Whole of Government approach

• Human security approach• Long term• Community engagement

with whole-of-societyapproach

• Inclusion and prevention

From CT to CVE

Laden…

Dilemma’s for engagement• Dilemma of proximity: the closer CSO are to the

conflict/terrorist impacted areas, the more effective they canbe, but also sever legal restrictions

• Dilemma of a-symmetric power relations vs partnership:equality and transparancy

• Dilemma of funding: instrumentalization and perceiveddependency

• Dilemma of the protection of activist and critical voices: toomuch protection harms credibility and position

Financial Action Task Force


• established in 1989 as an initiative of the G7• purpose to combat money laundering,• after 9/11 countering terrorism financing was added.• over 180 jurisdictions have joint the regime for compliance.• UN, WB and IMF are observer organizations of the FATF.


Tasks:• It sets international standards to combat ML/TF• For this purpose 40 recommendations are developed; goals to

increase transparency of financial systems in countries and toincrease effectiveness;

• Assesses and monitors compliance with the standard• Develops guidance for effective implementation of the

standard(typologies, best practices)


Structure:

• Taskforce, not based on an international treaty or convention• Secretariat in Paris• Bi-annual plenaries are the highest governance body• There are 8 FATF Style Regional Bodies (FSRBs, e.g. Eurasia

Group, GIABA/West Africa, and Asia Pacific Group. TheFSRBs are autonomous

• Consultations with the private sector are institutionalized, withnonprofits not yet, but soon will be


Compliance, to be compliant a country must:

• Investigate and prosecute ML/TF successfully• Ensure financial institutions and other sectors to implement

effective measures to detect and prevent ML/TF based on arisk assessment

• Enhance transparency of legal persons; prevent legal personsfrom being abused by ML/TF; have timely and accurateinformation


• All countries are evaluated on compliance with the standards.

• In the previous evaluation round (2007-2013) 42% were foundNon-Compliant, 43% Partially compliant and 3% fullycompliant.

• For each country recommendations for improvement and

monitored on a regular base. • These recommendations are demanding and leading to

increased regulations for the financial sector and sectordirectly related, like the financial services/businesses, thelawyers, the notaries, the non profits.


Recommendation 8: • Terrorists can abuse charities to finance terrorist acts and

support networks. Nonprofit organizations (NPOs) areparticularly vulnerable and states should ensure that NPOscannot be abused.

• A Global and European NPO on FATF coalition engage theFATF, the EU and member states for regular and timelyconsultations on R8 and other recommendations that impactcivil society:

o Prevent misunderstanding and abuse of R8 as a tool to shrink back spaceo Input to Best Practices Papero Input to revision of Interpretive Note of R8 and the recommendation itselfo Input to help understand the negative consequences of derisking by banks and

transparency requirements to prevent money launderingo Input to help understand the connection between R8 and R6 in shrinking back space

See: www.fatfplatform.org

counter-terrorism, security and enabling …...financial action task force structure: • taskforce,...

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