COMBATING THE CRIME OF MONEY LAUNDERING TO FINANCE TERRORISM STUDY IN INTERNATIONAL LAW
1Professor of International Law, Faculty of Law, Jerash University, Jordan
ABSTRACT
The world is facing a huge wave of global terrorism which had destroyed many countries, therefore it is clear that terrorism could not be that strong political, media and financial support. One of the most important factors that led to the emergence of terrorism in the international community is the financial funding that terrorists receive from various sources. The international community has recognized this funding and has worked to combat the sources of terrorist financing. However, terrorism funding sources have tended to send money through banks under the guise of humanitarian, cultural, religious or charitable aid, the purpose of which is to finance terrorism. This is called money laundering to finance terrorism. The research includes a brief idea of terrorism and money laundering and then international legal means to combat this money laundering, The research was concluded with conclusions and recommendations.
Keywords:Terrorism Money Laundering of international Law.
ARTICLE HISTORY: Received:25 February 2018. Revised:2 April 2018. Accepted:10 April 2018. Published:16 April 2018.
Contribution/ Originality:This study contributes to the literature on combating terrorism, which is a distinguished scientific methodological study that works to establish scientific and legal rules to combat the financing of terrorism. And addressed the grounds on which money could be prevented from being sent to terrorists. It is one of the few studies at present. This study contributes to finding ways to reduce and prevent the sending of funds to terrorism. This study is confirmed by documented scientific documentation.
Terrorism is a global phenomenon that includes most of the world. It is one of the most important events that took place after World War II, since it has spread in most parts of the world. It has become a major phenomenon that has led to the killing and displacement of millions of children and women. The main aim of terrorism was to topple governments in Muslim countries and create chaos in Western countries. And because of the violence and cruelty of terrorism, the international community must address and face this phenomenon.
It is clear that terrorism did not have this great ability to inflate in a number of countries at the same time unless it had enormous financial potential. The international community has found that the major financing of terrorism is provided by some organizations and countries through money laundering. For this reason, the International community has addressed many international, regional, bilateral and international agreements to prevent money laundering which finances terrorism. In addition, many International conventions and resolutions issued by international organizations dealt with combating terrorism.
The problem that underlies this research is that international treaties against money laundering to finance terrorism, the political measures taken and the decisions taken by international organizations, did not limit the financing of terrorism by money laundering. Terrorism continues to receive funding from many countries. This requires more serious measures to prevent money laundering to finance terrorism and take serious steps to end it.
Research on anti-money laundering to fund terrorism requires, above all, the defining of terrorism and money laundering, and then study the fight against terrorism and money laundering:
Due to the imbalance of the interests, the international states groups did not agree on a specific definition of terrorism (Jonathan, 2016). Therefore many definitions of terrorism had appeared. This controversy has contributed to the divergence of countries view of it. Which resulted in countries accusing others of terrorism, while others are subject to terrorism acts by its citizens to the point that such governments had imposed penalties on them. While other states are practicing terrorism against their individuals do not wish to be deprived of these means. Beside other people are struggling for their independence demanding the legitimacy of the armed struggle, and countries occupied the territory of other peoples prevent them from the right of self-determination and their demands for freedom from foreign occupation. The act of terrorism is committed intentionally by an individual, or a group of individuals, or an organization at home or abroad, with the aim of achieving gains or interests, or drawing attention to a cause, and its consequences create situations of fear, panic and fear (Ali, 2005). Were terrorism is a state of mind created by feelings of live threatening violence for self and others (Adonis, 1983).
In addition, states are using terrorism as an excuse to confiscate freedoms under the pretext of terrorism against their own citizens. While Extremist organizations also use terrorism against states. Noting that common sense dictates that individuals and the state are parties to the equation, and the views of oppressed individuals or peoples should also be taken into account in defining the meaning of terrorism. But what is happening now is that it is the states that want to define the meaning of terrorism and allow it to them and prevent it to individuals. It is also the state at the international level that sets the formulas of terrorism, to analyze and deprive what it sees according to its interests, while in all cases confers on its actions the status of legality and acts of individuals as illegitimate, to set sanctions on them under the pretext of violating the law.
Therefore, some homogeneous international groups tend to stand by oppressed peoples and demand that they not be deprived of the use of armed violence in order to achieve their goals of self-determination, combating colonialism and military occupation, and they are working to bring this type of armed political violence out of the circle of terrorism, while some States see this kind of armed violence being brought to the list of terrorism, depriving and fighting it and preventing peoples from being liberated and independent.
Because of the difference between countries in defining the meaning of terrorism, the definitions of terrorism varied. We choose from what is common among many. Some of them define terrorism as: "Forms of fighting that are of little importance to the forms used in traditional conflicts: killing politicians or attacking property" (Schwenkenbecher, 2012).
This definition defines the following requirements for terrorism:
This definition combines State and individual terrorism. However, it did not fully integrate all elements of terrorism. This definition referred to terrorism as an organized body. While terrorist acts are not organized. The force of terror lacks coordination. It is an action that is not based on one frequency and specific times. In addition, terrorism is violence that runs counter to threats. Because the threat creates a state of caution and thus terrorism loses its ability to surprise. Therefore terrorism is a surprise act aimed at everyone.
Others defined it as "an act aimed at overthrowing the legal and economic system on which the State is based". I believe that terrorism is not aimed at overthrowing the regime because it is the weakest type of armed struggle, and most terrorists are backward, uneducated, who do not understand the language of law and justice (Alex and Albert, 1988).
Terrorism has been defined as: "an assault on the lives, public and private properties in violation of the provisions of the state’s law", another close definition introduced by
Hamdi Abdel Azim as: "Any use of violence or threats to use it forcibly and illegally to create a state of fear and terror with the intention of controlling a group or a state inflect negative psychological effects on the society as a whole or part of it" (Schmid, 2011).
The researcher believes that these definitions make terrorism a criminal act; this generalization contradicts with the reality of terrorism, since most of the terrorist acts specially the terrorism of the weak, could not be considered a crime, because it reflects the struggles against occupation, colonialism and oppression suffered by those who carry out terrorism.
Also, when the state uses terrorism against citizens. Can we consider these actions a criminal act? Therefore the International law authorized certain types of terrorism and was called different from terrorism, although such operations were terrorism by colonial Powers. It is necessary to distinguish between the right of peoples to self-determination and the actions of armed organizations that target their own people as a means of gaining power.
Therefore, terrorism is defined as: "a violent conflict approach whereby the perpetrator by means of terror and violent acts that lead top fear in order to dominate his political opinion or control over society or the state in order to maintain or change public social relations or destroy it" (Williamson, 2009).
We have many reservations to this definition, which include:
From the study of terror and its objectives we can define terrorism as "organized armed violence led by armed groups whose aim is to instill fear among the people in order to overthrow the government." While International terrorism could be defined as "terrorism involving a foreign element." The foreign element shall either be individuals who carry out terrorism, or foreign funds or foreign land.
Some jurists have defined money laundering as: "transferring or moving funds illegally obtained or evading legal obligations into another form of retention of wealth to cover up and obscure their sources" (Shorbagi, 1999).
While it is defined by other team as: “every process that conceals the illicit source from which funds are derived” (Mohammed, 1999).
It is also defined by another scholars whom say that money-laundering is "conceals the fact of illicitly derived funds by exporting, depositing, employing or investing in lawful activities to escape seizures and confiscations and to show that the money is derived from legitimate sources, whether by filing, camouflaging, transport, transfer or investments that had been made in developed or under developed countries" (Hamdi, 1997).
The French police expert (Lego Gerrard) defined as: "The attempt by various means may be taken from the business world to conceal the source of the illicit gain of funds - so that they can be invested without fear of being confiscated 1- in legitimate financial or economic channels" (Lego, 1992).
There are many definitions dealing with the concept of money laundering, such concepts had been also developed by time. during the United Nations Convention against Corruption, held in Vienna in 2003, it was defined as: “The move or transfer of property, knowing that it is coming as a result of a criminal act for the purpose of concealing or disguising the illicit origin of such property, or assisting any person involved in the commission of the original offense to evade the consequences of its conduct and concealing and disguising the true nature of the property or the rights or disposition of the property” (Zuhair, 2005).
The Bazel Committee of 1988 defined it as "all banking operations undertaken by agents and their partners with the intention to conceal the criminal origin of funds and their owners".
While the International Narcotics Control Board (INCB) has defined money laundering as "the hidden diversion of funds of criminal origin to the legal channels of legitimate business, making them ordinary, legal and legitimate"(Abdel-Fattah et al., 1999).
The United States Commission for the Investigation of Organized Crime viewed the definition of money-laundering as: "The process of concealing the existence of an illegal source or the illegal use of income and concealing that income as legitimate income".
In article 648 of the Italian Criminal Code, the Italian legislator defined money laundering as: "the replacement of any money, goods or other funds derived from any kind of intentional crime or the concealment of the source of such funds from the crimes derived therefrom (Ahmed, 2000).
The German legislator, who considered money-laundering a crime since 1992, defined money laundering in article 261 of the German Penal Code as: "concealing, obscuring, preventing or impeding the disclosure of origin or location or causing obstruction of location, Hand or seizure of property resulting from a serious crime committed by a person who is a member of a criminal organization and applying the same rules to the accomplices of the crime" (Meyer, 1999).
It should be noted that some researchers defined money laundering as: "Any process that prevents the knowledge of the origin and movement of money so that it can be used in legitimate economic activity without fear of any criminal, civil or legal penalties"(Meyer, 1999).
We note from this definition, while it made money laundering limited to money only, it has defined the money-laundering process as: "Any criminal, civil or legal penalties, so what it means by “legal term”?, and weather criminal and civil penalties are considered legal or not?" therefore the word “legal” is not necessary in this definition.
Money Laundering has also been defined by some Iraqi law-makers who are interested in studying money laundering as: "concealing or disguising the fact of money obtained from a crime stipulated in national or international law, the source, location, disposition, movement or ownership of such property or personal rights by virtue of the fact that the perpetrator is aware that such money is obtained from a crime (Abdul, 1973).
The Jordanian (Anti-Money Laundering Law No. (46), 2007) defines it as: "any act involving the acquisition, possession, disposal, management, custody, replacement, deposit, investment, manipulation or transfer of funds, or any act that conceals or camouflages its origin, real nature, location, disposition, ownership or rights related to it, knowing that it is obtained from one of the offenses set out in article 4 of this law."
In light of the above, we see from my humble point of view that money laundering could be defined as a series of overlapping financial transactions that take place inside or outside the state to hide the truth of money or to obliterate their illicit origin and to show it in the form of money obtained from a legitimate source.
The international community has begun to focus on the fight against terrorism since the events of 11 September 2001 and the adoption of Security Council resolution 1373 (2001), which calls on the countries to join the international resolutions, while the rate of adherence to them has increased. Some two thirds of the Member states of the United Nations had signed and/or agreed to at least ten of the 16 instruments, and no country has not yet signed or acceded to those instruments. Between the periods from 1963 to 2004, the international community, under the auspices of the United Nations and its specialized agencies, developed 13 international instruments against terrorism, open to accession by all Member States.
Since 2005, the international community has also made substantive changes to three of these universal instruments, specifically to address the threat of terrorism. On 8 July 2005 member states adopted amendments to the Convention on the Physical Protection of Nuclear Material and, in 14 October, The states agreed on the 2005 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and on the 2005 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental palisade.
The 1997 International Convention for the Suppression of Terrorist Bombings6 ; The positive reasons for the Convention include: that the Declaration on Measures to Eliminate International Terrorism, annexed to General Assembly resolution 49/60 of 9 December 1994, which states that "States Members of the United Nations solemnly reaffirm their condemnation As criminal and unjustifiable, wherever and by whomever committed, including those endangering friendly relations among States and peoples and threatening the territorial integrity and security of States "; The 1999 International Convention for the Suppression of the Financing of Terrorism; International Convention for the Suppression of Acts of Nuclear Terrorism. The latter was adopted in April 2005 and Member States have been negotiating since 2000, within the Ad Hoc Committee as well, on a draft comprehensive convention on international terrorism .
The 1963 Convention on Offenses and Certain Other Acts Committed on Board Aircraft, Tokyo Convention on Aviation Safety . This Convention shall apply to acts of safety during flight; authorizes the pilot of the aircraft to impose reasonable measures to protect the safety of the aircraft, as appropriate, including restricting the movement of any person the aircraft commander considers to have committed or is in the commission of an act that threatens that safety; To the commander of the legitimate aircraft control.
The crime of money laundering is one of the most serious crimes at present because of the financing of illegal acts. It is a serious scourge to the global economy because of its association with organized and unregulated crime such as the illicit trade in drugs and weapons, looting of public funds, breach of trust, forgery of money, public support, official liberties, bribery, So it was necessary to establish international principles and standards governing the activities of financial and banking institutions and to strengthen the fight against money laundering and the financing of illegal activities.
In addition to United Nations initiatives through international conventions Related to combating money laundering:
In 1999, the International Convention for the Suppression of the Financing of Terrorism was adopted . The preamble to this Convention is based on the Charter and Principles of the United Nations concerning the maintenance of international peace and security, the promotion of good-neighborly relations, friendship and cooperation among States and the escalation of acts of terrorism in all its forms and manifestations throughout the world . Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations and all relevant resolutions of the General Assembly on this question and its annex to the Declaration on Measures to Eliminate International Terrorism, in which the States Members of the United Nations As well as the right to self-determination of all States and peoples, as well as the right to self-determination of all States and peoples, and reaffirms its unequivocal condemnation of all acts , methods and practices of terrorism as criminal and unjustifiable, wherever and by whomever committed, To review urgently the scope of existing international legal provisions on the prevention, suppression and suppression of terrorism in all its forms and manifestations, with a view to ensuring a comprehensive legal framework covering all aspects of this question and a reference to the request of the General Assembly to take steps, To prevent, prevent and prevent the financing of terrorist and terrorist organizations, whether directly or indirectly through or alleged by charitable, social or cultural organizations, or also engage in illegal activities such as extortion of funds, including the exploitation of persons for purposes of The financing of terrorist activities and, in particular, consider, if necessary, the adoption of regulatory measures to prevent and address the movement of funds suspected of terrorist purposes, without in any way impeding the right to free movement of legitimate capital and in expanding the exchange of information on movements and referred to the request of the General Assembly to implement anti-terrorism resolutions on the elaboration of an international convention to prevent the financing of terrorism .
The financing of terrorism is of grave concern to the entire international community, The agreements defined the terms of the funds, government facility and proceeds . And defined what follows:
Any person who, by any means, directly or indirectly, unlawfully and willingly, makes or collects funds with the intention of using them, or knows that they will be used in whole or in part, to:
an act constituting an offense within the scope of a treaty contained in the annex;
Any other act aimed at causing the death or serious bodily injury of a civilian or any other person when such person is not engaged in hostilities in the event of an armed conflict when the purpose of that act, by its nature or context, Intended to intimidate the population or to compel a Government or an international organization to do or refrain from doing any act.
The Convention lists a number of agreements to which States are committed. Which:
Article 2 of the Convention allowed States not to apply the Conventions attached to the International Convention for the Suppression of the Financing of Terrorism by their reservations to accede to the Convention as they would not apply the Conventions . However, if the State has not regulated these conventions annexed to the International Convention for the Suppression of the Financing of Terrorism, it may declare its application and consider it part of this Convention .
1. Financing shall be deemed to be one of the specific offenses and if funds are not actually used for the commission of a fund-raising crime;
2. The crime is committed solely to the attempt to finance terrorism.
3. A person commits an offense if he commits the following:
(A) Participates as a partner in a crime set out in the Convention;
(B) The person merely organizes the commission of a crime or orders other persons to commit it;
(C) Partners shall be deemed to have committed one or more of the offenses referred to in the Convention by a group of persons with a common purpose; such participation shall be deliberate and carried out either with the aim of expanding the criminal activity or criminal purpose of the group when that activity or purpose involves the commission of any of the offenses referred to Or by the intention of the group to commit an offense referred to in paragraph 1 of this article .
The agreement did not respond to this organization. We tried to arrange these subjects so that they could be understood legally. The wording of the agreement was not good.
The Convention has obligations on States:
We believe that this text is not useful because crime is committed within States and it is legally responsible for punishing those who commit it and does not require an international convention to do so;
The Convention defines the jurisdiction of States to penalize the financing of terrorist crimes as follows:
The researcher believes that these rules are general rules, and that the new thing is to coordinate between countries to prevent the financing and punishment of terrorism so as not to overlap jurisdictions in the prosecution of persons by two countries for the same crime.
The Convention on the Suppression of the Financing of Terrorism regulates cooperation between states to prevent the financing of terrorism. States are obliged to cooperate with each other to prevent the financing of terrorism. When the State party receives information that the alleged perpetrator or perpetrator of an offense referred to in article 2 may be located in its territory, that State Party shall take the necessary measures in accordance with its domestic legislation to investigate the facts reported to it. The State Party in which the alleged offender or perpetrator is present in its territory, if it considers that the circumstances so warrant, shall take appropriate measures under its domestic legislation to ensure that such person is present for the purpose of trial or extradition. When a State Party holds a person, it shall immediately notify the States Parties which have decided their jurisdiction and any other States Parties concerned, directly or through the Secretary-General of the United Nations, if they deem it necessary to do so, that such person is in detention and the circumstances that justify his detention. The State conducting the investigation shall immediately inform the States parties of the results of that investigation and shall indicate to it whether it intends to exercise its jurisdiction .
If the State Party in whose territory the alleged offender is present does not extradite that person, it shall be obliged to refer the case without undue delay and without any exception and whether or not the offense was committed in its territory to its competent authorities for the purpose of criminal prosecution, Legislation of that State. Such authorities shall take their decision in the same manner as in the case of any other offense of a serious nature in accordance with the law of that State.
When the domestic legislation of a State Party permits the extradition of a national of its nationality only on the condition that it is returned to it for the sentence imposed on it as a result of the trial or the proceedings for which extradition has been requested, the State and the State requesting such extradition agree to such a formula and such other conditions as it deems appropriate, Conditional extradition shall be sufficient to exempt the requested State Party from the obligation .
The Convention on Combating the Financing of Terrorism regulates the extradition of accused persons and criminals among member states in the following manner:
This means that the accused person is charged with two offenses, the first a financial crime and the second financing terrorism. In this case, the person is charged with one crime, which is a crime of financing terrorism and not a financial offense.
This means that the Convention has stripped the terrorist financing offenses of political character, although politically motivated. This is in response to UN Security Council Resolutions 1368 and 1373 issued in 2001, which defined terrorist crimes as political. Accordingly, we see that the accused of the crime of financing terrorism is not entitled to seek political asylum;
The Convention on Combating the Financing of Terrorism defines cooperation between States in the field of legal and judicial matters, as follows:
The State to which the person is transferred shall be held in custody and shall be bound by that unless the State from which it is transferred requires or authorizes the State to which the person is transferred, without delay, to fulfill its obligation to return it to the custody of the State from which it was transferred The State to which the person is transferred may not require the State from which he was transferred to initiate extradition proceedings in order to return him to it; the person transferred shall be counted for the period of time spent in detention by the State to which he was transferred, As of the duration of the sentence imposed on him in the State J was transferred. Such person shall not be tried for any nationality, detention or other restrictions on his freedom of movement in the territory of the State to which he is transferred for any acts or convictions prior to his departure from the territory of the State from which he was transferred .
Any person placed in custody or on whom any other proceedings or proceedings are instituted pursuant to this Convention shall be treated fairly and all rights and guarantees under the legislation of the State in which such person is present and the applicable provisions of international law, including human rights provisions.
The researcher that in addition to the above text that equality between states, and their territorial integrity and the principle of non-interference in the internal affairs of the countries stipulated by the United Nations .
It is clear from this research that the international community has been subjected to a wave of global terrorism that has killed millions of people, especially civilians. As well as the destruction of property and infrastructure of countries, particularly developing countries. Terrorism would not have been this way without financial support from some countries and organizations through money laundering, which has helped terrorism continue and destroy.
The international community has taken many measures, including several multilateral and bilateral international agreements to combat money laundering to finance terrorism. Several international conferences have also been taken to reduce this. Political and financial measures have been taken to stop money laundering to fund terrorism. But these measures were not enough to stop money laundering to fund terrorism. Therefore, the researcher recommends the following:
Funding: This study received no specific financial support. |
Competing Interests: The author declares that there are no conflicts of interests regarding the publication of this paper. |
Abdel-Fattah, M.E.-S., A.-M.K. Mostafa and M.E.-N. Ahmed, 1999. Organized crime definition, patterns and trends. 1st Edn., Saudi Arabia: Naif Arab Academy for Security Sciences, 1:8.
Abdul, W.A.-T., 1973. Dirty money laundering. Journal of Police, General Police Directorate, (1): 25.
Adonis, A., 1983. Political terrorism, research on the origins of the phenomenon and its human dimensions. Beirut: Dar al-Tali'ah. pp: 25.
Ahmed, A.-O., 2000. Money laundering crime, an international perspective of social, systematic and economic aspects. Riyadh: Obeikan Library. pp: 190.
Alex, S.P. and J.J. Albert, 1988. Political terrorism: A new guide to actors, authors, concepts, data bases, theories, and literature. New Brunswick, New Jersey: Transaction Books. pp: 5-6.
Ali, J.H., 2005. The concept of terrorism and its legal and applied problems. Proceedings of the Annual Scientific Conference of the Faculty of Law, Jarash University, Entitled "Terrorism and Resistance in International Law and Islamic Law", 10 Ali, N.G., 2015. International and National Efforts to Combat Money Laundering and Terrorist Financing.12 May 2005.
Anti-Money Laundering Law No. (46), 2007.
Faimau, G., 2013. Socio-cultural construction of recognition: The discursive representation of islam and muslims in the British Christian news media. Cambridge Scholars Publishing. pp: 27.
Hamdi, A.A., 1997. Money laundering in egypt and the world. 1st Edn., Cairo: University Press and Publishing House. pp: 5.
Jonathan, R., 2016. Terrorism and homeland security. Cengage Learning: 3.
Lego, G., 1992. Capital clearance. Report of the World Conference of Narcotics Experts, Series of Publications, Institute of Criminal Sciences, Abu Dhabi, 1992, pp: 8.
Melgunov, S.P., 1924. The red terror in Russia. Hyperion Pr.
Meyer, J., 1999. Organized crime, modern german legislation and the prospects of a coordinated European perspective. Journal of Syrian Lawyers(1 and 2): 23-24.
Mohammed, F.E., 1999. Contemporary crime. Riyadh: Naif Arab Academy for Security Sciences. pp: 280.
Nicolas, W., B. Karel, P. Jean-Louis, M. Jean-Louis, P. Andrzej and C. Stéphane, 1999. The black book of communism: Crimes, terror, repression. Harvard University Press. pp: 858.
Omar, S.A.-A., 2012. The crime of money laundering in Jordanian law and international conventions. Dirasat Journal, Shari'a and Law Studies, 39: 232.
Schmid, A.P., 2011. The definition of terrorism. The Routledge Handbook of Terrorism Research. Routledge. pp: 39.
Schwenkenbecher, A., 2012. Terrorism: A philosophical enquiry. Palgrave Macmillan. pp: 10.
Shorbagi, A.M., 1999. Money laundering and its impact on economic and social variables. Al Arabiya Journal for Security Studies and Training, Saudi Arabia(28): 3.
Williamson, M., 2009. Terrorism, war and international law: The legality of the use of force against Afghanistan in 2001. Ashgate Publishing. pp: 43.
Zuhair, A.-R., 2005. Money laundering, the scourge of the age or crimes. 1st Edn., UAE: Falah Library for Publishing and Distribution. pp: 35.
2 Adopted and offered for signature, ratification and accession by General Assembly resolution 54/109 of 9 December 1999.
3 After a group of Holger-Mines held hostages at the German embassy in Stockholm on December 14, 1979, the German government applied for an international convention against hostage-taking. The UN General Assembly approved the draft convention on 17/12/1979
4 Reviews the UN General Assembly resolution in in document number: A/RES/49/60
5Review document no. A/RES/51/210.
6 Adopted and published publicly by United Nations General Assembly resolution 52/164 of 15 December 1997 and opened for signature during the period from 12 January 1998 to 31 December 1999.
7 Opened for signature on 14 September 2005, the opening day of the World Summit of the General Assembly. During this high-level meeting, 82 Member States signed it.
8 Signed in Tokyo on 14 September 1963. Entered into force on 4 December 1969, Status: 185 Parties.
10 Signed in Montreal on 23 September 1971. Entered into force on 26 January 1973, the situation was adopted in New York on 14 December 1973. Entered into force on 20 February 1977 Status: 172 Parties: 188 Parties.
11 The Convention consists of a preamble and sixteen articles. The preamble states that the purpose of this Convention is to take effective measures to ensure that perpetrators of terrorist acts do not escape conviction. Ensuring that they are subject to trial and applying deterrent penalties.
12 Adopted in New York on 17 December 1979. Entered into force on 3 July 1983. Status: 167 Parties.
13 Signed in Vienna on 26 October 1979. It entered into force on 8 February 1987. Status: 142 Parties.
14 Signed in Montreal on 24 February 1988. Entered into force on 6 August 1989. Status: 171 Parties.
15 Signed in Rome on 10 March 1988. It entered into force on 1 March 1992, Status: 156 Parties
16 Concluded at Rome on 10 March 1988. Entered into force on 1 March 1992, status: 144 parties
17 Concluded in London on 14 October 2005, status: 16 Parties.
18 Held in Montreal on 1 March 1991 and entered into force on 21 June 1998. Status: 144 Parties.
19 Held in New York on 15 December 1997. It entered into force on 23 May 2001. Status: 164 Parties
20 Held in New York on 9 December 1999. Entered into force on 10 April 2002 Status: 173 Parties.
21 Signed in New York on 13 April 2005 Not yet in force (open for signature from 14 September 2005 to 31 December 2006) Status: 65 Parties.
22 Arab Monetary Fund, http://cbl.gov.ly/pdf/06
23 Adopted and offered for signature, ratification and accession by General Assembly resolution 54/109 of 9 December 1999.
24 These include: resolution 49/60 of 9 December 1994;
25 Paragraph 3 (f) of General Assembly resolution 51/210 of 17 December 1996,
Paragraph 3 (f) of General Assembly resolution 51/210 of 17 December 1996,
General Assembly resolution 52/165 of 15 December 1997, in which the Assembly requested States to consider, in particular, the implementation of the measures contained in paragraphs 3 (a) to (f) of its resolution 51 / 210 and General Assembly resolution 53/108 of 8 December 1998, in which the Assembly decided that the Ad Hoc Committee established by General Assembly resolution 51/120 of 17 December 1996
Article 1 of the International Convention for the Suppression of the Financing of Terrorism states: "For the purposes of this Convention:
1. "Funds" means any kind of tangible or immovable property, movable or immovable obtained by any means, and legal documents or instruments of any form, including electronic or digital form, indicating ownership of such funds or Including, but not limited to, bank credits, travel checks, bank checks, remittances, shares, securities, bonds, promissory notes and letters of credit.
2. "Governmental or public facility" means any permanent or temporary means of transport used or operated by representatives of the State, members of the Government, Parliament, the judiciary, officials or officials of the State, any public authority, entity, officials or employees An intergovernmental organization within the framework of their official functions.
3. "Proceeds" means any funds arising or obtained, directly or indirectly, from the commission of an offense referred to in article 2. "
Paragraph 2 of the International Convention for the Suppression of the Financing of Terrorism states: "(a) Upon deposit of an instrument of ratification, acceptance, approval or accession, a State Party which is not a party to a treaty included in the annex may declare, To the State party, that such a treaty is not included in the annex referred to in subparagraph (a) of paragraph 1. The declaration will cease to exist once the treaty enters into force for the State party, which will inform the depositor of the matter;
Article 2 of the International Convention for the Suppression of the Financing of Terrorism states: "(2) (b) If a State Party is not a party to a treaty included in the annex, that State may make a declaration, as provided for in this article, on that treaty. "
Article 3 of the International Convention for the Suppression of the Financing of Terrorism states: "This Convention shall not apply if the offense is committed within one State and the alleged offender is a national of that State and is present in its territory. No other State, under paragraph 1 Or 2 of article 7, is the basis for the exercise of its jurisdiction, the provisions of articles 12 to 18 apply in such cases, as appropriate.