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This paper contains the draft Terrorist Asset-Freezing Bill, explanatory notes and an impact statement. The purpose of the Bill is to give effect to resolution 1373 (2001) adopted by the Security Council of the United Nations on 28 September 2001 relating to terrorism and resolution 1452 (2002) adopted on 20 December 2002 relating to humanitarian exemptions. Resolution 1373 includes a requirement that member states must (a) prevent the financing of terrorist acts, including the freezing of funds and economic resources of persons who commit or attempt to commit, terrorist acts or participate in or facilitate such acts, and (b) prohibit their nationals and those within their territories from making funds, financial services or economic resources available to such persons. Resolution 1452 introduces exemptions to permit payments necessary to meet basic humanitarian needs (such as payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, public utility charges and legal fees and expenses).
The draft Bill was published as Cm. 7806 (ISBN 9780101780629)
This consultation seeks the views of intersted parties and the general public on the Government's proposed approach to terrorist asset freezing. In particular it is interested in responses to the following: (1) does the draft bill set out the most effective way of meeting UN obligations and protecting national security whilst also ensuring sufficient safeguards in respect of human rights? (2) views on the current operation f the UK's asset freezing regime under the Terrorism orders; (3) does the regulatory impact assessment accurately reflect the costs and benefits of the regime? This paper discusses the UK's current approach to counter-terrorist finance, the international framework, the UK approach to terrorist asset freezing, implementation, and draft legislation. It includes the draft bill, expalanatory notes to the bill, and a regulatory impact assessment.
Brought from the Commons on 8th February 2010
The Treasury had implemented Resolution 1373 (2001) adopted by the Security Council of the United Nations on 28 September 2001 relating to terrorism and resolution 1452 (2002) adopted on 20 December 2002 relating to humanitarian exemptions, by means of a number of Orders in Council (the UN Terrorism Orders). Resolution 1373 includes a requirement that member states must (a) prevent the financing of terrorist acts, including the freezing of funds and economic resources of persons who commit or attempt to commit, terrorist acts or participate in or facilitate such acts, and (b) prohibit their nationals and those within their territories from making funds, financial services or economic resources available to such persons. Resolution 1452 introduces exemptions to permit payments necessary to meet basic humanitarian needs (such as payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, public utility charges and legal fees and expenses). In January 2010 the Supreme Court judged one of the Orders in Council to be invalid. The purpose of this Act is to provide for the temporary validity of the UN Terrorism Orders in order to maintain asset-freezing restrictions whilst the Government takes steps to put in place by means of primary legislation an asset-freezing regime to comply with the obligations in resolution 1373. The Government's draft Bill was published as Command paper Cm. 7806 (9780101780629).
A Bill to make provision for the temporary validity of certain Orders in Council imposing financial restrictions on, and in relation to, persons suspected of involvement in terrorist activity. Government Bill published 5 February 2010. Explanatory notes to the Bill, prepared by the Treasury, are published separately as Bill 62-EN (ISBN 9780215534583)
Brought from the Lords on 2 November 2010. Explanatory notes to the Bill, prepared by the Treasury, are published separately as Bill 102-EN (9780215546487)
Terrorist Asset-Freezing etc. Bill (HL) : (as amended on Report)