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Measures to Combat Financing of Terrorism
UN Security Council Resolution 1373 (2001)
28 September 2001 [also
in PDF]
Resolution 1373 imposes binding obligations on all
States, with the aim of combating terrorism in all its forms and
manifestations. The resolution requires Member States to, inter
alia:
Deny all forms of financial support for
terrorist groups (operational paragraph (o.p.) 1a, b, c, d);
Suppress the provision of safe haven, sustenance or support
for terrorists; (o.p. 2a, c, d, g, 3f, g);
Share information with other governments on any groups
practising or planning terrorist acts (o.p. 2b, 3a, b, c);
Co-operate with other governments in the investigation,
detection, arrest and prosecution of those involved in such
acts (o.p. 2b, f, 3a, b, c);
Criminalize active and passive assistance for terrorism in
domestic laws and bring violators of these laws to justice
(o.p. 2e);
Become party as soon as possible to the relevant
international conventions and protocols relating to
terrorism (o.p. 3d).
The Security Council,
Reaffirming its resolutions 1269 (1999) of 19 October 1999 and 1368
(2001) of 12 September 2001,
Reaffirming also its unequivocal condemnation of the terrorist
attacks which took place in New York, Washington, D.C., and
Pennsylvania on 11 September 2001, and expressing its determination
to prevent all such acts,
Reaffirming further that such acts, like any act of international
terrorism, constitute a threat to international peace and security,
Reaffirming the inherent right of individual or collective
self-defence as recognized by the Charter of the United Nations as
reiterated in resolution 1368 (2001),
Reaffirming the need to combat by all means, in accordance with the
Charter of the United Nations, threats to international peace and
security caused by terrorist acts,
Deeply concerned by the increase, in various regions of the world,
of acts of terrorism motivated by intolerance or extremism,
Calling on States to work together urgently to prevent and suppress
terrorist acts, including through increased cooperation and full
implementation of the relevant international conventions relating to
terrorism,
Recognizing the need for States to complement international
cooperation by taking additional measures to prevent and suppress,
in their territories through all lawful means, the financing and
preparation of any acts of terrorism,
Reaffirming the principle established by the General Assembly in its
declaration of October 1970 (resolution 2625 (XXV)) and reiterated
by the Security Council in its resolution 1189 (1998) of 13 August
1998, namely that every State has the duty to refrain from
organizing, instigating, assisting or participating in terrorist
acts in another State or acquiescing in organized activities within
its territory directed towards the commission of such acts,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that all States shall:
(a) Prevent and suppress the financing of terrorist acts;
(b) Criminalize the wilful provision or collection, by any means,
directly or indirectly, of funds by their nationals or in their
territories with the intention that the funds should be used, or in
the knowledge that they are to be used, in order to carry out
terrorist acts;
(c) Freeze without delay funds and other financial assets or
economic resources of persons who commit, or attempt to commit,
terrorist acts or participate in or facilitate the commission of
terrorist acts; of entities owned or controlled directly or
indirectly by such persons; and of persons and entities acting on
behalf of, or at the direction of such persons and entities,
including funds derived or generated from property owned or
controlled directly or indirectly by such persons and associated
persons and entities;
(d) Prohibit their nationals or any persons and entities within
their territories from making any funds, financial assets or
economic resources or financial or other related services available,
directly or indirectly, for the benefit of persons who commit or
attempt to commit or facilitate or participate in the commission of
terrorist acts, of entities owned or controlled, directly or
indirectly, by such persons and of persons and entities acting on
behalf of or at the direction of such persons;
2. Decides also that all States shall:
(a) Refrain from providing any form of support, active or passive,
to entities or persons involved in terrorist acts, including by
suppressing recruitment of members of terrorist groups and
eliminating the supply of weapons to terrorists;
(b) Take the necessary steps to prevent the commission of terrorist
acts, including by provision of early warning to other States by
exchange of information;
(c) Deny safe haven to those who finance, plan, support, or commit
terrorist acts, or provide safe havens;
(d) Prevent those who finance, plan, facilitate or commit terrorist
acts from using their respective territories for those purposes
against other States or their citizens;
(e) Ensure that any person who participates in the financing,
planning, preparation or perpetration of terrorist acts or in
supporting terrorist acts is brought to justice and ensure that, in
addition to any other measures against them, such terrorist acts are
established as serious criminal offences in domestic laws and
regulations and that the punishment duly reflects the seriousness of
such terrorist acts;
(f) Afford one another the greatest measure of assistance in
connection with criminal investigations or criminal proceedings
relating to the financing or support of terrorist acts, including
assistance in obtaining evidence in their possession necessary for
the proceedings;
(g) Prevent the movement of terrorists or terrorist groups by
effective border controls and controls on issuance of identity
papers and travel documents, and through measures for preventing
counterfeiting, forgery or fraudulent use of identity papers and
travel documents;
3. Calls upon all States to:
(a) Find ways of intensifying and accelerating the exchange of
operational information, especially regarding actions or movements
of terrorist persons or networks; forged or falsified travel
documents; traffic in arms, explosives or sensitive materials; use
of communications technologies by terrorist groups; and the threat
posed by the possession of weapons of mass destruction by terrorist
groups;
(b) Exchange information in accordance with international and
domestic law and cooperate on administrative and judicial matters to
prevent the commission of terrorist acts;
(c) Cooperate, particularly through bilateral and multilateral
arrangements and agreements, to prevent and suppress terrorist
attacks and take action against perpetrators of such acts;
(d) Become parties as soon as possible to the relevant international
conventions and protocols relating to terrorism, including the
International Convention for the Suppression of the Financing of
Terrorism of 9 December 1999;
(e) Increase cooperation and fully implement the relevant
international conventions and protocols relating to terrorism and
Security Council resolutions 1269 (1999) and
1368 (2001);
(f) Take appropriate measures in conformity with the relevant
provisions of national and international law, including
international standards of human rights, before granting refugee
status, for the purpose of ensuring that the asylum seeker has not
planned, facilitated or participated in the commission of terrorist
acts;
(g) Ensure, in conformity with international law, that refugee
status is not abused by the perpetrators, organizers or facilitators
of terrorist acts, and that claims of political motivation are not
recognized as grounds for refusing requests for the extradition of
alleged terrorists;
4. Notes with concern the close connection between international
terrorism and transnational organized crime, illicit drugs,
money-laundering, illegal arms-trafficking, and illegal movement of
nuclear, chemical, biological and other potentially deadly
materials, and in this regard emphasizes the need to enhance
coordination of efforts on national, subregional, regional and
international levels in order to strengthen a global response to
this serious challenge and threat to international security;
5. Declares that acts, methods, and practices of terrorism are
contrary to the purposes and principles of the United Nations and
that knowingly financing, planning and inciting terrorist acts are
also contrary to the purposes and principles of the United Nations;
6. Decides to establish, in accordance with rule 28 of its
provisional rules of procedure, a
Committee of the Security Council, consisting of all the members
of the Council, to monitor implementation of this resolution, with
the assistance of appropriate expertise, and calls upon all States
to report to the Committee, no later than 90 days from the date of
adoption of this resolution and thereafter according to a timetable
to be proposed by the Committee, on the steps they have taken to
implement this resolution;
7. Directs the Committee to delineate its tasks, submit a work
programme within 30 days of the adoption of this resolution, and to
consider the support it requires, in consultation with the
Secretary-General;
8. Expresses its determination to take all necessary steps in order
to ensure the full implementation of this resolution, in accordance
with its responsibilities under the Charter;
9. Decides to remain seized of this matter. |
