1. United Nations Security Council Resolutions (UNSCR’s) & CFT Preventative Target Financial Sanctions Measures
Panel Discussion

2. Panel Discussion – UNSCR’s
Identify solutions for addressing requirements for effective implementation of UNSCR ‘s 1267, 1373, 2178 & 1540
Provide a forum for fostering communication and
exchange of information between regional key stakeholders responsible for implementing UNSCR’s;
Support increasing awareness of UNSCR ‘s and global standards requirements, to assist Paksitan to develop and implement effective regimes in line with the international standards requirements
Share “best practices” and develop guidelines to increase awareness to support countries’ successful implementation UNSCR’s regimes ;
Enhance domestic cooperation (LEA’s, FIU and Financial Sectors and other CFT stakeholders) and international cooperation between key agencies for implementing UNSCR’s 1373 (domestic)

3. The universal legal regime against CFT & Terrorism
Security Council
resolutions 1373
and 1624
Security Council
resolutions on
Al-Qaida
and the Taliban
( )
Security Council
resolutions 1540
and 1673
(weapons of mass
destruction)
Security Council
Resolutions
2178
(ISIL & Foreign
Terrorist
Fighters)
19 universal
instruments
against
terrorism
FATF Global Standards 40 Recommendations

4. The Universal Legal Framework Against Terrorism
19 international conventions and protocols against terrorism, under the auspices of:
UN IAEA ICAO IMO
Relevant United Nations Security Council resolutions:
Many adopted under Chapter VII of the UN Charter which means that they are legally binding on all UN member states
Through some of the provisions of the conventions and protocols compliance with UNSC resolutions is facilitated
1267 (1999) (2011) and 1989 (2011) (Al-Qaeda and Taliban sanctions regime)
1373 (2001) (Threats to international peace and security caused by terrorist acts)
1540 (2004) (Non-proliferation of weapons of mass destruction)
2178 (2014) Foreign Terrorist Fighters / 2130 ISIS

5. UNSCR’s Differences between Criminal Procedures
Terrorist
Asset-Freezing
Seizure/blocking/freezing/forfeiture/confiscation
Procedural feature
Administrative/Judicial
procedure
Criminal procedure
Nature
Preventive
Disruptive
Punitive
Scope of funds/assets
Broad
(all)
Limited
(specific)
Legal effect
Restriction of use/disposition (no deprivation of ownership)
Deprivation of property rights
(confiscation)
Evidential threshold
Lower
Higher

6. Presentation Title

10. Presentation Title

12. UNSCR 1267 (1999) et al.
Impose sanctions against DESIGNATED persons and entities associated with Taliban, Al Qaida, ISIL, Al Nusrah Front etc.
Travel Embargo
Arms Embargo
Financial Sanctions - Asset Freezing
Legally binding on all UN Member States under Chapter VII of the UN Charter
UNSCR 1988 (2012) – Consolidated List on Taliban and Al Qaida split into two -
Al Qaida, and elements of the Taliban
UNSCR 2253 (2015) ISIL Da’esh) and ANF added to the

13. Security Council Resolution 1373
Prevention and Suppression of Terrorist Financing
Criminalization of terrorist financing
Freezing of funds of terrorist individuals and terrorist organisations who plan, facilitate or commit terrorist acts
Prohibition of providing resources for the benefit of terrorist individuals and organisations

14. Terrorist Financing: Adicional Requirements
Security Council Resolution 1373 has an additional obligation to the Convention:
Prohibition of the provision of financial support to terrorist organizations - obligation to suppress funds and services to terrorist organizations

15. Proliferation financing
UN Security Council resolution 1540 (2004)
- Adopted under the Chapter VII = Binding obligations to adopt legislation to prevent the proliferation of nuclear, chemical and biological weapons, and their means of delivery and establish appropriate domestic controls over the related materials to prevent their illicit trafficking.
- Non-State actors only
Committee – Not sanctions Committee
Committee Expert Group
14 on-going UN sanctions regimes (Somalia and Eritrea, ISIL (Da’esh) & Al-Qaida, Iraq, DR of Congo, Sudan, Lebanon, DPRK, Libya, Afghanistan, (Guinea-Bissau), Central African Republic, Yemen, South Sudan and Mali) – 13 contains asset-freezing
- Proliferation financing & asset-freeze --- DPRK and Iran only
- Designation and de-listing --- by the Security Council or the Committee

16. Targeted financial sanctions related to proliferation
FATF Recommendation 7
Targeted financial sanctions related to proliferation
Countries should implement targeted financial sanctions to comply with U.N. Security Council resolutions relating to the prevention, suppression and disruption of proliferation of weapons of mass destruction and its financing.
These resolutions require countries to freeze without delay the funds or other assets of any person or entity designated by, or under the authority of, the UNSC under the Chapter VII of the UN:

17. Resolution 2178 (2014)
Criminalization of the financing the travel of foreign terrorist fighters (FTFs)
Paragraph 6 (b): “… to finance the travel of individuals who travel to a State other than their States of residence or nationality (FTFs) for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training”

18. Common Features of the UNSCR’s frameworks
All three resolutions impose obligation on Member States to freeze any assets owned or controlled by a designated individual, group or entity
All three resolutions set out freezing mechanisms as preventive measures that can/must be applied also in the absence of any criminal evidence
Freezing measures under all three frameworks apply to all assets, whether movable or immovable of targeted individuals, groups or entities
Freezing measures under all three frameworks must be able to be maintained indefinitely, if necessary. This is in contrast to criminal freezing measures, which are usually temporary in nature and tied to an ongoing criminal investigation, prosecution or court trial.

19. Interagency coordination when Implementing UNSCR’s1373
Calls upon States to intensify the exchange of operational information and listing information with financial sectors :
May often be a need to engage with a range of authorities: MFA, MoJ, Treasury, Central Bank, FIU, intelligence, law enforcement, etc.:
Clearly identify governmental agencies primarily responsible for designation, coordination and challenge procedures
Clearly identify their respective roles throughout the process: designation – communication – imposition – enforcement – monitoring
Ensure common understanding and awareness / Ensure clear lines of communication.

20. Summary of Flow of National Terrorist Designation and Asset-Freezing Process

21. Questions for Panel Members
Why is it important for Pakistan to pursue Counter Financing of Terrorism (CFT) to effectively combat terrorism? ALL
Why is the effective implementation of the United Nations Security Resolutions (UNSCR) for Counter Financing of Terrorism (CFT) preventative measures to comply with United Nations (UN) obligations and the Financial Action Task Force (FATF) AML/CFT global standards important for Pakistan? The same question for sanctions such OFAC and other preventative sanctions for CFT? ALL
What are the benefits for the country, law enforcement and financial sectors if these measures are properly implemented? What are the risks for the judicial rule of law and financial sectors if the UNSCR’s are not properly implemented? ALL
What role does your agency lead for the effective implementing of the UNSCR’s? ALL
What are the present and future challenges that Pakistan as a country face for effectively implementing of the CFT preventative measures to fully comply with the international standards including the UN and FATF requirements? ALL

22. Thank you !