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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 Act under review gives the Treasury power to freeze the assets of individuals and groups thought to be involved in terrorism, whether in the UK or abroad, and to deprive them of access to financial resources. It implements UN Security Council Resolution 1373 and is one of a number of measures at the Government's disposal for preventing the financing of terrorism. At the end of the review period in September 2011: 30 individuals and 8 groups were designated by the Treasury under the Act. This is much reduced from the figure in previous years, owing largely to the removal of duplicate designations. Each of the designated groups had been listed since 2001, as had some of the designated individuals. No individual or group was designated during the review period. No individual or group associated with Northern Ireland was designated, despite continuing terrorist activity there. The prohibitions in the Act applied also to 22 individuals and 25 groups listed by the EU under Regulation 2580/2001. The total quantity of assets frozen, taking the Treasury and EU lists together, was some £100,000. Many of those designated had few if any assets in the United Kingdom. These and other facts make TAFA 2010 is an ancillary rather than a central part of the fight against terrorism. A number of conclusions and recommendations are set out in sections 10 and 11
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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.
A clear and reliable account of public law, now revised and updated in an attractive new format in which the main points are brought to the fore and complexities explained to help you get to grips with this core component of an undergraduate or CPE/GDL law degree.
Terrorism law and legal practice has been politically and socially controversial to a degree beyond almost any other legal issue during the past few years, and this analytical text contains extensive analysis of these controversies. Terrorism and the Law offers a thoughtful and up-to-date discussion of all the key materials on terrorism law. It provides comprehensive coverage of all the major domestic, European, and international laws, and their impact on the UK. It also contains an extensive examination of the implementation of these terrorism laws, and of the practical issues they raise. The book contains three Parts. Part I focuses on meanings of 'terrorism' in law and political science. It provides the reader with an understanding of the phenomenon and the legal concept, including its statutory definitions, which is essential to the book's assessment of the strategies and tactics adopted in the codes of laws. It also covers normative constraints, such as human rights. Part II focuses on the United Kingdom law. It provides extensive coverage of the major UK terrorism legislation, such as: the Terrorism Act 2000; the Anti-Terrorism, Crime and Security Act 2001; the Prevention of Terrorism Act 2005; the Terrorism Act 2006; the Terrorism (Northern Ireland) Act 2006; the Justice and Security (Northern Ireland) Act 2007; and the Counter-Terrorism Act 2008. It also examines the key laws and rules relating to terrorism policing and legal processes. It discusses the meaning of these legislative materials, as well as their implementation, and includes reference to case law and practice statements from the police and courts. Part III reflects the impact of European, international and transnational laws and practices, covering international transnational cooperation and extradition, key European Union law measures against terrorism, other international law measures against terrorist activities, and international human rights and terrorism.
This book considers some of the most notable aspects of the legal response to the "war on terror" post- 9/11 and the use of technology to support them. It examines the shift from a criminal justice response to the creation of a parallel preventive system running in tandem with it. This system has tended to veer away from the commission of criminal offences or adherence to ordinary criminal justice safeguards. Such a preventive strategy relies on targeting terrorist suspects – those who it is thought may in future commit terrorist acts – and curbing their actions with the aim of preventing terrorist activity before it occurs. The book further considers the role that surveillance plays in the counter-terrorist efforts of state or non-state actors. It also evaluates the counter-productive effects that many of these measures have had. This book was originally published as a special issue of International Review of Law Computers & Technology.
A preliminary report on the Terrorist Asset-Freezing etc Bill published as the Committee's third report of session 2010-11 (HL 41/HC 535, ISBN 9780108472732)