UNITED NATIONS SECURITY COUNCIL RESOLUTION 1373 (2001)

DIRECTORY OF INTERNATIONAL BEST PRACTICES, CODES AND STANDARDS

Please note that access to links for the International Civil Aviation Organization (ICAO) and International Maritime Organization (IMO) are being updated.

Paragraph Reference and Text International Organization Best Practices
1(a) Prevent and suppress the financing of terrorist acts;
a. Criminalization of financing of terrorism and associated money laundering United Nations
Financial Action Task Force (FATF)
b. Freezing and confiscation of terrorist assets, provisional measures and confiscation FATF
Interpol

Interpol Summary of Best Practices

c. Prevention measures to be taken by financial institutions and non-financial businesses and professions

FATF
Bank for International Settlements: Basel Committee on Banking Supervision
International Association of Insurance Supervisors(IAIS)
International Organization of Securities Commissions (IOSCO)
d. Institutional and other measures necessary in systems for combating money laundering and terrorist financing FATF
INTERPOL

Interpol ‘Best Practices’ in Combatting Terrorism

e. Cross-border control of the movement of cash and other monetary instruments FATF
World Customs Organization (WCO)

 

INTERPOL

Interpol ‘Best Practices’ in Combatting Terrorism 

1(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;
    See 1(a)
1(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;
  INTERPOL

Interpol ‘Best Practices’ in Combatting Terrorism

  See 1(a)
1(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;
    See 1(a)
2(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…
Criminalisation of recruitment of members of terrorist groups To be determined To be determined
2(a) …and eliminating the supply of weapons to terrorists;
a. Legislation to control arms and explosives: legal and administrative measures to control arms and explosives at the national level in order to eliminate the supply of weapons to terrorists, including greater security and enhanced controls of arms to be used in connection with terrorist activities United Nations Office on Drugs and Crime (UNODC)
United Nations Office for Disarmament Affairs (UNODA)

United Nations Development Programme (UNDP)

UNODA

United Nations Institute for Disarmament Research (UNIDIR)

Small Arms Survey (SAS)

UNODA

SAS
Organization of American States (OAS)
b. Import/export controls for arms and explosives UNODA

International Civil Aviation Organization (ICAO)

UNODC
UNDP

UNODA

UNIDIR

SAS
Organization for Security and Cooperation in Europe (OSCE)
OAS
Economic Community of West African States (ECOWAS)
c. Existence of control programmes to detect and prevent the smuggling of weapons WCO
  • Framework of Standards to Secure and Facilitate Trade
  • 3 Customs-to-Customs Pillar
    • Standard 1 - Integrated Supply Chain Management
    • Standard 2 - Authority to Inspect Cargo
    • Standard 3 - Modern Technology for Inspection
    • Standard 4 - Risk Management Systems
    • Standard 5 - High-Risk Cargo or Container
    • Standard 6 - Advance Electronic Information
    • Standard 7 - Targeting and Communication
    • Standard 8 - Performance Measures
    • Standard 9 - Security Assessments
    • Standard 10 - Employee Integrity
    • Standard 11 - Outbound Security Inspections
    • Appendix to Annex 1 - Seal Integrity Programme for Secure Container Shipments

INTERPOL

Interpol ‘Best Practices’ in Combatting Terrorism

d. Legal and administrative measures to control arms and explosives in order to eliminate the supply of weapons to terrorists, including greater security and enhanced controls of arms to be used in connection with terrorist activities UNODC
At the national level: UNDP

UNODA

UNIDIR

SAS
OSCE

INTERPOL

Interpol ‘Best Practices’ in Combatting Terrorism

At the regional level: UNDP

UNODA

UNIDIR

SAS
OSCE
OAS
At the global level: UNDP

UNODA

UNIDIR

SAS
  INTERPOL


Interpol ‘Best Practices’ in Combatting Terrorism
2(b) Take the necessary steps to prevent the commission of terrorist acts…,
Counter-terrorism measures managed by appropriate agencies WCO

International Maritime Organization (IMO)

International Labour Organization (ILO) and IMO

ICAO

  • Annex 17 - Security Safeguarding International Civil Aviation Against Acts of Unlawful Interference (Eight edition)
    • Chapter 1: Definitions
    • Chapter 2: General principles
    • Chapter 3: Organization
    • Chapter 4: Preventive security measures
    • Chapter 5: Management of response to acts of unlawful interference
  • Document 8973, 7th Edition – Security Manual for Safeguarding Civil Aviation against Acts of Unlawful Interference (Restricted). Please contact avsec@icao.int for information.

INTERPOL

Interpol ‘Best Practices’ in Combatting Terrorism

2(b) …including by provision of early warning to other States by exchange of information;
Arrangements in place for early warning with other States

IMO

1974 International Convention for the Safety of Life at Sea (SOLAS)

  • SOLAS Chapter XI-2 “Special Measures to Enhance Maritime Security”
    • Regulation XI-2/2 – International Ship and Port Facility Security (ISPS) Code, Parts A (Mandatory requirements) and B (Guidance regarding Part A)
    • Regulation XI-2/3 – Security levels
    • Regulation XI-2/7 – Threats to ships
    • Regulation XI-2/13 – Communication of information (information displayed in IMO ISPS Code database, part of the GISIS system, http://gisis.imo.org or www.imo.org)

      Other standards to be determined

ICAO

Convention on International Civil Aviation (“Chicago Convention”)


  • Annex 17 Security: Safeguarding International Civil Aviation Against Acts of Unlawful Interference (Eighth Edition, 2006)
    • Chapter 2: General principles
    •  
    • 2.4: International cooperation
    • Chapter 5: Management of response to acts of unlawful interference

INTERPOL

Interpol ‘Best Practices’ in Combatting Terrorism

  • Interpol Major Event Support Team (IMEST). See: INTERPOL'S "Best Practices in Combatting Terrorism" (page 10)
    (To help member countries plan for prevention of attacks and/or disruptive action during major events)
  WCO
2(c) Deny safe haven to those who finance, plan, support, or commit terrorist acts, or provide safe havens;

a. Legislation to criminalise the provision of safe havens to terrorists

b. Screening procedures to identify terrorists prior to granting any form of residency

c. Measures to criminalise and reduce illegal immigration

To be determined To be determined
2(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;
Prohibition of use of territory to commit or prepare terrorist acts against other states or their citizens To be determined To be determined
2(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;
 

INTERPOL

Interpol ‘Best Practices’ in Combatting Terrorism

a. Codification of terrorist offences, as stipulated in international counter-terrorism instruments, in domestic criminal law

To be determined

See 1(a)

Other standards to be determined

b. Criminal procedures and accompanying safeguards applicable to terrorism-related cases

To be determined To be determined

c. Jurisdiction of courts extends to acts committed outside a State’s territory whether by its nationals or by foreign nationals presently in the State

To be determined To be determined
2(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;
 

INTERPOL

Interpol ‘Best Practices’ in Combatting Terrorism

Domestic provisions for extradition and / or mutual legal assistance, including transfer of criminal proceedings To be determined

See 1(a)

Other standards to be determined

2(g) Prevent the movement of terrorists or terrorist groups by effective border controls…
a. Effective controls on the cross-border movement of persons and their property (issues dealing with immigration and movement of travellers’ goods/baggage), including procedures for identifying illegal immigrants

WCO

International Convention on the Simplification and Harmonization of Customs Procedures
(Revised Kyoto Convention)

Revised Kyoto Convention General Annex Guidelines

To access guidelines, please contact: publications@wcoomd.org

INTERPOL

Interpol ‘Best Practices’ in Combatting Terrorism

ICAO

Convention on International Civil Aviation (“Chicago Convention")

b. Availability of passenger information permitting risk analysis WCO/ICAO/ International Air Transport Association (IATA)
WCO
ICAO
2(g) …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;

a. Controls on the issuance of identity and travel documents

ICAO

























Other organizations to be determined

Other standards to be determined

b. Measures to prevent counterfeiting, forgery or fraudulent use of identity papers and travel documents

INTERPOL

Interpol ‘Best Practices’ in Combatting Terrorism

3(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;
Procedures for exchange of information on movement of terrorists, forgery and falsification of travel documents, arms trafficking, use of communication technologies, and terrorist threats related to WMD

INTERPOL

Interpol ‘Best Practices’ in Combatting Terrorism

UNODC
UNDP

Information exchange (III.12, paragraph C.4)

Training, capacity-building, research (III.7, paragraph C.5)

ICAO

Convention on International Civil Aviation (“Chicago Convention)

3(b) Exchange information in accordance with international and domestic law and cooperate on administrative and judicial matters to prevent the commission of terrorist acts;
a. Extradition treaties United Nations
UNODC (formerly the United Nations International Drug Control Programme)
b. Mutual assistance in criminal matters United Nations
UNODC (formerly the United Nations International Drug Control Programme)
c. Extradition and mutual assistance UNODC

INTERPOL

Interpol ‘Best Practices’ in Combatting Terrorism

d. Mutual assistance  
3(c) Cooperate, particularly through bilateral and multilateral arrangements and agreements, to prevent and suppress terrorist attacks and take action against perpetrators of such acts;
a. Existence of bilateral and multilateral cooperation instruments and agreements: mutual assistance in customs matters

WCO

 

 

  ICAO
  • Modal clause on aviation security, Council resolution of 25 June 1986
  • Bilateral or regional modal agreement of aviation security, Council resolution of 30 June 1989
b. Existence of bilateral and multilateral cooperation instruments and agreements: multilateral cooperation on maritime security

IMO

1974 International Convention for the Safety of Life at Sea (SOLAS)

  • SOLAS Chapter XI-2 “Special Measures to Enhance Maritime Security”
    • Regulation XI-2/2 – International Ship and Port Facility Security (ISPS) Code, Parts A (Mandatory requirements) and B (Guidance regarding Part A)
    • Regulation XI-2/7 – Threats to ships
    • Regulation XI-2/9 – Control and compliance measures
    • Regulation XI-2/11 – Alternative security arrangements
    • Regulation XI-2/13 – Communication of information (information displayed in IMO ISPS Code database, part of the GISIS system, (http://gisis.imo.org or www.imo.org)
c. Existence of bilateral and multilateral cooperation instruments and agreements: multilateral cooperation in criminalizing terrorist acts Council of Europe
d. Existence of bilateral and multilateral cooperation instruments and agreements: extradition treaties Commonwealth Secretariat
 
e. Existence of bilateral and multilateral cooperation instruments and agreements: mutual assistance in criminal matters
Association of Southeast Asian Nations (ASEAN)
3(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;
Ratify or accede to the 13 international counter-terrorism instruments and related amendments  

1. Convention on Offences and Certain Other Acts Committed On Board Aircraft (Aircraft Convention)

  • Signed at Tokyo on 14 September 1963
  • Entered into force on 4 December 1969

2. Convention for the Suppression of Unlawful Seizure of Aircraft (Unlawful Seizure Convention)

  • Signed at The Hague on 16 December 1970
  • Entered into force on 14 October 1971

3. Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Civil Aviation Convention)

  • Signed at Montreal on 23 September 1971
  • Entered into force on 26 January 1973

4. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (Diplomatic Agents Convention)

  • Adopted at New York on 14 December 1973
  • Entered into force on 20 February 1977

5. International Convention Against the Taking of Hostages (Hostage Taking Convention)

  • Adopted at New York on 17 December 1979
  • Entered into force on 3 June 1983

6. Convention on the Physical Protection of Nuclear Material (Nuclear Material Convention)

  • Signed at Vienna on 26 October 1979
  • Entered into force on 8 February 1987

7. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971 (Airport Protocol)

  • Signed at Montreal on 24 February 1988
  • Entered into force on 6 August 1989

8. Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (Maritime Convention)

  • Done at Rome on 10 March 1988
  • Entered into force on 1 March 1992

9. Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (Fixed Platform Protocol)

  • Done at Rome on 10 March 1988
  • Entered into force on 1 March 1992

10. Convention on the Marking of Plastic Explosives for the Purpose of Detection (Plastic Explosives Convention)

  • Done at Montreal on 1 March 1991
  • Entered into force on 21 June 1998

11. International Convention for the Suppression of Terrorist Bombings (Terrorist Bombing Convention)

  • Adopted at New York on 15 December 1997
  • Entered into force on 23 May 2001

12. International Convention for the Suppression of the Financing of Terrorism (Terrorist Financing Convention)

  • Adopted at New York on 9 December 1999
  • Entered into force on 10 April 2002

13. International Convention for the Suppression of Acts of Nuclear Terrorism (Nuclear Terrorism Convention)

  • Adopted at New York on 13 April 2005
  • Entered into force on 7 July 2007

Amendment to the Convention on the Physical Protection of Nuclear Material (Amendment to the Nuclear Material Convention)

  • Final Act of the Diplomatic Conference, IAEA, 04-08 July 2005
  • Not yet in force

Protocol of 2005 to the Convention for the suppression of unlawful acts against the safety of maritime navigation (Protocol 2005 to the Maritime Convention)

  • Done at London on 14 October 2005 .
  • Not yet in force

Protocol of 2005 to the Protocol for the suppression of unlawful acts against the safety of fixed platforms located on the continental shelf (Protocol 2005 to the Fixed Platforms Protocol)

  • Done at London on 14 October 2005 .
  • Not yet in force
3(e) Increase cooperation and fully implement the relevant international conventions and protocols relating to terrorism and Security Council resolutions 1269 (1999) and 1368 (2001);
Ratify or accede to the 13 international counter-terrorism instruments, and implement Security Council resolutions 1269 (1999) and 1368 (2001)  

See 13 instruments under 3(d)

UNSC resolution 1269

UNSC resolution 1368

3(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;
Non-abuse of the refugee process

United Nations High Commissioner for Refugees (UNHCR)

 

 

 

 

 

 

 

 


United Nations Office of the High Commissioner for Human Rights (UNOHCHR)

3(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;
Non-abuse of the refugee process UNHCR