United Nations Security Council resolution 1373 (2001)

United Nations Security Council resolution 1373 (2001) 2017-05-23T12:29:45+00:00

Directory of International Best Practices, Codes and Standards

To facilitate their implementation of resolution 1373 (2001), UN Member States are encouraged to use any of the best practices, codes and standards listed in the directory below, taking into account their own circumstances and needs. This directory is by no means exhaustive; it will be updated by the Committee regularly in order to keep pace with new developments. For questions and clarifications on the materials listed here, please contact the originating organizations. This will ensure an accurate interpretation and application of the recommended best practices, codes and standards.

The directory is organized according to the paragraphs of the resolution:

1(a) Prevent and suppress the financing of terrorist acts;

a. Criminalization of financing of terrorism and associated money laundering

United Nations International Convention for the Suppression of Financing of TerrorismUnited Nations Conventions against terrorism
UNODC UNODC / International Monetary Fund Model Legislation on Money Laundering and Financing of Terrorism December 2005, (for civil law systems)UNODC/Commonwealth Secretariat/International Monetary Fund – Model Provisions on Money Laundering, Terrorist Financing, Preventive Measures and Proceeds of Crime April 2009, (for common law legal systems)
FATF 40 Recommendations on Money LaunderingScope of the criminal offence of money laundering

R.1

R.2

9 Special Recommendations on Terrorist Financing
(see also: web version)

SR II on criminalizing the financing of terrorism and associated money laundering

Interpretative note

b. Freezing and confiscation of terrorist assets, provisional measures and confiscation

FATF 40 Recommendations on Money LaunderingProvisional measures and confiscation (R.3)

9 Special Recommendations on Terrorist Financing

SR III on the freezing and confiscation of terrorist assets

Interpretative note

Best practices paper

InterpolInterpol Summary of Best Practices Interpol-UN Security Council Special Notice: alert for law enforcement worldwide that an individual is subject of sanctions (inter-alia freezing of assets) of the 1267 Committee (Al Qaeda, Taliban)
UNODC Model Legislative Provisions against TerrorismSection 2-1 Preventative measures under Security Council resolution 1373 (2001)

Section 2-2 Provisional measures and Forfeiture

Section 2-3 Common provisions to Sections 2-1 and 2-2

UNODC / Terrorism Prevention Branch Legislative Database

UNODC/International Monetary Fund Model Legislation on Money Laundering and Financing of Terrorism December 2005, (for civil law systems)

UNODC/Commonwealth Secretariat/International Monetary Fund – Model Provisions on Money Laundering, Terrorist Financing, Preventive Measures and Proceeds of Crime April 2009, (for common law legal systems)

European Union Best Practices for the effective implementation of restrictive measures (PESC 880 9 July 2007)

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

FATF 40 Recommendations on Money LaunderingCustomer due diligence and record-keeping( R.4, R.5, R.6, R.7, R.8, R.9, R.10, R.11, R.12 )

Reporting of suspicious transactions and compliance( R.13, R.14, R.15, R.16 )

Other measures to deter money laundering and terrorist financing( R.17, R.18, R.19, R.20 )

Measures to be taken with respect to countries that do not or insufficiently comply with the FATF Recommendations( R.21, R.22 )

Regulation and supervision( R.23, R.24, R.25 )

9 Special Recommendations on Terrorist Financing

SR VI on alternative remittance systems

Interpretative note

Best practices paper (20 June 2003)

MENAFATF Best practices concerning the Hawala (December 2005)

SR VII on wire transfers

SR VIII on non-profit organizations

Interpretative note

Best practices paper (11 October 2002)

MENAFATF Best practices concerning the Charities (September 2005)

Bank for International Settlements: Basel Committee on Banking Supervision Statement on prevention of criminal use of the banking system for the purpose of money-laundering; Basel, December 1988“Customer due diligence for banks”; October 2001

“General guide to account opening and customer identification” (attachment to Basel Committee publication No. 85 “Customer due diligence for banks”); 9 February 2003

International Association of Insurance Supervisors (IAIS) Guidance paper on anti-money laundering and combating the financing of terrorism; October 2004
International Organization of Securities Commissions (IOSCO) “Anti-Money Laundering Guidance for Collective Investment Schemes,” Report of the Technical Committee of IOSCO; October 2005
UNODC UNODC / International Monetary Fund Model Legislation on Money Laundering and Financing of Terrorism December 2005, (for civil law systems)UNODC/Commonwealth Secretariat/International Monetary Fund – Model Provisions on Money Laundering, Terrorist Financing, Preventive Measures and Proceeds of Crime April 2009, (for common law legal systems)

d. Institutional and other measures necessary in systems for combating money laundering and terrorist financing

FATF 40 Recommendations on Money LaunderingCompetent authorities, their powers and resources(R.26, R.27, R.28, R.29, R.30, R.31, R.32)

Transparency of legal persons and arrangements(R.33, R.34)

International cooperation(R.35)

Mutual legal assistance and extradition(R.36, R.37, R.38, R.39)

Other forms of cooperation(R.40)

9 Special Recommendations on Terrorist Financing

SR IV on reporting suspicious transactions related to terrorism

SR V on international cooperation

Guidance for financial institutions in detecting terrorist financing (24 April 2002)

INTERPOLInterpol ‘Best Practices’ in Combatting Terrorism Interpol Money Laundering Automated Search System (IMLASS): a system for the tracking of suspicious money transactions; serves as global , central location where the transactions can be reported and linked to transactions in other countries

e. Cross-border control of the movement of cash and other monetary instruments

FATF 9 Special Recommendations on Terrorist FinancingSR IX on detecting and preventing the cross-border transportation of cash by terrorists and other criminals

Interpretative note

International Best Practices “Detecting and Preventing the Illicit Cross-Border Transportation of Cash and Bearer Negotiable Instruments FATF/WGTM(2010) 4/REV 1 | French version | Spanish version | Arabic version

MENAFATF Best practices paper on Cash Couriers

WCO Recommendation of the Customs Cooperation Council on the need to develop and strengthen the role of customs administrations in tackling money laundering and in recovering the proceeds of crime; adopted by the WCO Council in June of 2005. (under Enforcement and Compliance section)
INTERPOLInterpol ‘Best Practices’ in Combatting Terrorism Interpol-UN Security Council Special Notice: alert for law enforcement worldwide that an individual is subject of sanctions (inter-alia freezing of assets) of the 1267 Committee (Al Qaeda, Taliban)

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;

INTERPOLInterpol ‘Best Practices’ in Combatting Terrorism Interpol-UN Security Council Special Notice: alert for law enforcement worldwide that an individual is subject of sanctions (inter-alia freezing of assets) of the 1267 Committee (Al Qaeda, Taliban) Interpol Money Laundering Automated Search System (IMLASS): a system for the tracking of suspicious money transactions; serves as global , central location where the transactions can be reported and linked to transactions in other countries
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)

Organization Best Practice

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

European Union

Council of Europe

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


UNODC
UNODA
UNDP

UNODA

UNIDIR

SAS

UNODA

SAS

OAS

b. Import/export controls for arms and explosives

UNODA
ICAO
UNODC
UNDP

UNODA

UNIDIR

SAS

Wassenaar Arrangement
OSCE
OAS
Economic Community of West African States (ECOWAS)

c. Existence of control programmes to detect and prevent the smuggling of weapons

WCO
Wassenaar Arrangement
INTERPOL

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

UNODC
OSCE
INTERPOL

 

At the regional level:

UNDP

UNODA

UNIDIR

SAS

UNODC
APEC
  • 2005: APEC Guidelines on Control and Security of MANPADS
OSCE
OAS
ANDEAN Community
ECOWAS
European Commission
  • European Weapons Directive (Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons)
League of Arab States
Oceania Customs Organization
  • The Nadi Framework. 2000. In Legal Framework for a Common Approach to Weapons Control. Produced by the South Pacific Chiefs of Police Conference and the Oceania Customs Organization. Nadi, Fiji, 10 March.
Regional Center on Small Arms
  • Nairobi Protocol (Nairobi Declaration on the Problem of Illicit Small Arms and Light Weapons in the Great Lakes Region and the Horn of Africa)
Southern African Development Community (SADC)
  • SADC Firearms Protocol (Protocol on the Control of Firearms, Ammunition and Other Related Materials in the Southern African Development Community Region)

At the global level:

UNDP

UNODA

UNIDIR

SAS

UNODC
INTERPOL

2(b) Take the necessary steps to prevent the commission of terrorist acts…,

Counter-terrorism measures managed by appropriate agencies

United Nations
  • UN Guidelines and Norms on Criminal Justice – Code of Conduct for Law Enforcement Officials, 1979 [English][Arabic]Adopted by General Assembly resolution 34/169 of 17 December 1979.(http://www.pogar.org/themes/ruleoflaw/guidelines/police-codeconduct79e.html)
    • Report of the Secretary General on United Nations standards and norms in the field of crime prevention and criminal justice (E/CN.15/1996/16): pdf versions in English, French and Spanish
    • Addendum to the report of the Secretary-General: use and application of the Code of Conduct for Law Enforcement Officials, together with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (E/CN.15/1996/16/Add.2): pdf versions in English and Spanish.
  • Compendium of United Nations Standards and norms in crime Prevention and Criminal justice
UNODC
  • Technical Assistance Working Paper On Preventing Terrorist Acts: A Criminal Justice Strategy Integrating Rule Of Law Standards In Implementation Of United Nations Anti-Terrorism Instruments
INTERPOL
European Union
Southeast European Cooperative Iinitiative (SECI)
  • Regional center for combating trans-border crime(support to the national customs and law enforcement agencies by offering a trusty environment for information sharing, knowledge development, joint planning and common action in the field of trans-border crime.)
WCO
International Maritime Organization (IMO)

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

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf

Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

International Labour Organization (ILO) and IMO
ICAO

Convention on International Civil Aviation (“Chicago Convention”)

Convention for the Suppression of Unlawful Seizure of Aircraft, 16 December 1970

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 23 September 1971

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, 23 September 1971

Convention on the Marking of Plastic Explosives for the Purpose of Detection, 1 March 1991

  • 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
  • Oversight Manual, Part C The Establishment and Management of a State’s Aviation Security Oversight System.Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference (Doc 8973 — Restricted); Please contact avsec@icao.int for information.
  • Manual on the Implementation of the Security Provisions of Annex 6 (Doc 9811 — Restricted)
  • Aerodrome Design Manual (Doc 9157);
  • Aircraft Operations (Doc 8168);
  • Airport Planning Manual (Doc 9184);
  • Guidance Material on the Legal Aspects of Unruly/Disruptive Passengers (Cir 288);
  • Human Factors in Civil Aviation Security Operations (Doc 9808);
  • Human Factors Training Manual (Doc 9683);
  • ICAO Policies on Charges for Airports and Air Navigation Services (Doc 9082);
  • Training Manual (Doc 7192)
NATO
  • Innovative technology and capabilities that address the threat.
    • The Defense against Terrorism Programme of Work.
    • Initiatives to counter chemical, biological, radiological and nuclear (CBRN)
    • Cyber defense.
    • Improved intelligence-sharing.
    • The Economic and Financial Dimension of Terrorism.
    • Science cooperation
  • A network of close cooperation with partners
    • The Partnership Action Plan against Terrorism (PAP-T)
    • Deepening relations to combat terrorism
    • Creating new links
    • Increasing cooperation with other international organizations

2(b) …including by provision of early warning to other States by exchange of information;

Arrangements in place for early warning with other States

INTERPOL

Interpol ‘Best Practices’ in Combatting Terrorism

CICTE/OAS
European Union
Southeast European Cooperative Initiative (SECI)
  • Regional center for combating trans-border crime(Support to the national customs and law enforcement agencies by offering a trusty environment for information sharing, knowledge development, joint planning and common action in the field of trans-border crime.)
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
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

CICTE/OAS

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

Commonwealth Secretariat

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

UNODC
  • Digest of Terrorist Cases

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

UNODC
  • See 1(a)
  • UNODC/TPB Model Legislative Provisions against Terrorism, Chapter 2, Offences
  • UNODC Legislative Guide To The Universal Anti-Terrorism Conventions And Protocols
  • UNODC/TPB Legislative Database
Commonwealth Secretariat

Witness protection

UNODC
COE
  • Council of Europe Recommendation Rec(2005)9 on the protection of witnesses and collaborators of justice

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

UNODC
COE
  • Council of Europe Recommendation Rec(2005)10 of the Committee of Ministers on “special investigative techniques” in relation to serious crimes including acts of terrorism
  • Council of Europe Guidelines of the Committee of Ministers of the Council of Europe on human rights and the fight against terrorism
UN Universal Declaration of Human Rights, 10 December 1948

Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, 9 December 1988

Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 9 December 1975

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984

Code of Conduct for Law Enforcement Officials, 17 December 1979

Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, 24 May 1989

Declaration on the Protection of All Persons from Enforced Disappearance, 18 December 1992

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

UNODC
Commonwealth Secretariat

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
See 1(a) and 3(b) See 1(a) and 3(b)

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
UNODC-WCO Container Control Programme
Customs Convention on Containers 1972
  • Customs Convention on Containers 1972
INTERPOL

Interpol ‘Best Practices’ in Combatting Terrorism

ICAO

Convention on International Civil Aviation (“Chicago Convention”)

CICTE/OAS

 

European Union
Southeast European Cooperative Initiative (SECI)
  • Regional center for combating trans-border crime(Support to the national customs and law enforcement agencies by offering a trusty environment for information sharing, knowledge development, joint planning and common action in the field of trans-border crime.) Liaison and contact officers networks, http://www.secicenter.org/
The Canada-USA Transportation Border Working Group (TBWG)
  • The Canada-USA Transportation Border working (TBWG)(To facilitate the safe, secure, efficient, and environmentally responsible movement of people and goods across the Canada-U.S. border. The TBWG brings together multiple transportation and border agencies, and other organizations, to coordinate transportation planning, policy implementation, and the deployment of technology to enhance border infrastructure and operations. As such, this forum fosters on-going communication, information sharing, and the exchange of best practices to improve the transportation and the safety and security systems that connect the two countries.)

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

INTERPOLInterpol ‘Best Practices’ in Combatting Terrorism I-24/7 – Secure Global Police Communication SystemGlobal Databases incorporating key information such as:

Database on Stolen/Lost Travel Documents (SLTD). See: INTERPOL’S “Best Practices in Combatting Terrorism” (page 5)

Automated Fingerprint Identification System (AFIS)

DNA profiles

Stolen Vehicles

Terrorist Watchlist

IWeTS – Interpol Weapons electronic Tracing System

Interpol Money Laundering Automated Search System (IMLASS): a system for the tracking of suspicious money transactions; serves as global, central location where the transactions can be reported and linked to transactions in other countries

International Notices System to alert law enforcement worldwide about wanted and suspected individuals

Red Notice

Blue Notice

Interpol-UN Security Council Special Notice: alert for law enforcement worldwide that an individual is subject of sanctions of the 1267 Committee (Al Qaeda, Taliban

Criminal Analysis Unit- conducts research and analysis of crime trends, with the aim of informing member countries of new developments in the context of criminal activities

Orange notice – To warn police, public entities and other international organizations of possible threats from hidden weapons, parcel bombs and other dangerous material;

Project Geiger (collection and analysis of data on the theft of radiological materials to identify methods and trends and the vulnerability of materials to the theft by terrorists for use in the manufacture of so-called “dirty bombs”, conventional explosives armed with radiological materials)

Project CRIT (Co-operative Radiological Instrument Transfer) – aims to enhance capacity to fight global radiological terrorism through the development and delivery of training for law enforcement personnel in the use of radiation detection instruments

Bio-Terrorism Incident Preparedness and Response Guide

Fusion Task Force (Task Force to assist member countries in their terrorism-related investigations)

European Union European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) set up to improve integrated management at the Union’s external borders.Europol

Liaison officers

Contact officers

Police support

Joint Investigation team (JIT) network(http://www.europol.europa.eu/index.asp?bawac_force_nonce=b09a97ffad&page=content_jit)http://register.consilium.europa.eu/pdf/en/05/st11/st11037.en05.pdf

Southeast European Cooperative Initiative (SECI) Regional center for combating trans-border crime(Support to the national customs and law enforcement agencies by offering a trusty environment for information sharing, knowledge development, joint planning and common action in the field of trans-border crime.) Liaison and contact officers networks, http://
UNODC UNODC legislative guide to the United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, Supplementing the United Nations Convention against Transnational Organized Crime
UNDP Guidelines for reporting on implementation of the United Nations Programme of Action (PoA) to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects Information exchange (III.12, paragraph C.4)

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

ICAOConvention on International Civil Aviation (“Chicago Convention) Annex 9, FacilitationChapter 3: Entry and departure of persons and their baggage

Recommended Practice 3.32

Recommended Practice 3.46

WCO The Recommendations Concerning the Electronic Transmission and Authentication of Customs and Other Relevant Regulatory Information, 16 June 1981 – revised 24 June 2005

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 General Assembly Model Treaty on Extradition 1990 (A/RES/45/116) General Assembly Model Treaty on Extradition 1997 (A/RES/52/88)
UNODC UNDCP Model Extradition (Amendment) Bill (2000)

b. Mutual assistance in criminal matters

United Nations General Assembly Model Treaty on Mutual Assistance in Criminal Matters 1990 (RES/45/117), amended by General Assembly resolution A/RES/53/112 of 1998
UNODC UNDCP Model Mutual Assistance in Criminal Matters Bill (2000) UNDCP Model Foreign Evidence Bill (2000)
Eurojust Eurojust manual on joint investigative teams

c. Extradition and mutual assistance

UNODC Model Law on Extradition (2004) Revised Manuals on the Model Treaty on Extradition

Model Treaty on Mutual Assistance in Criminal Matters

Report of the Informal Expert Working Group on Mutual Legal Assistance Casework Best Practice; Vienna, 2001

Report of the Informal Expert Working Group on Effective Extradition Casework Practice; Vienna 2004

Manual on International Cooperation in Criminal Matters relating to Terrorism

Model Legislative Provisions against Terrorism

Chapter 5 INTERNATIONAL COOPERATION

Section 1 Extradition

Section 2 Mutual Assistance in Criminal Matters

Section 3 Common Provisions and Duties of Information

Commonwealth Secretariat The London Scheme for Extradition within the Commonwealth (incorporated agreed amendments at Kingstown, November 2002) Commonwealth (The Harare Scheme) Relating to Mutual Assistance in Criminal Matters within the Commonwealth (including amendments made by Law ministers in April 1990, November 2002 and October 2005)
Rabat Declaration, French-speaking African Countries Rabat Declaration, Annex Convention on Extradition and Mutual Legal Assistance in Counter-terrorism (A/62/939, S/2008/567)
INTERPOL Interpol ‘Best Practices’ in Combatting Terrorism Interpol’s role in tracing wanted individuals with a view to their extradition

d. Mutual assistance

Mutual Legal Assistance Request Writer Tool

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 Model Bilateral Agreement on Mutual Administrative Assistance in Customs Matters; revised June 2004 International Convention on Mutual Administrative Assistance for the prevention, investigation and repression of Customs offences (Nairobi Convention); May 1980

International Convention on Mutual Administrative Assistance in Customs Matters (Johannesburg Convention); adopted June 2003 (not yet in force)

ICAO Modal clause on aviation security, Council resolution of 25 June 1986Bilateral 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

EMSA Directive 2009/45/EC on safety rules and standards for passenger ships (Text with EEA relevance).Regulation 391/2009/EC on common rules and standards for ship inspection and survey organisations (Text with EEA relevance)

Regulation 392/2009/EC on the liability of carriers of passengers by sea in the event of accidents (Text with EEA relevance)

Directive 2009/17/EC — Amending Directive 2002/59/EC. The purpose of this Directive was to make a number of amendments in order to improve and extend the original, including: facilitating the implementation and operation of SafeSeaNet in a uniform way across Europe, establishing European LRIT data centre, and extending the Directive to fishing vessels over 15m long.

Directive 2009/20/EC on the insurance of shipowners for maritime claims (Text with EEA relevance)

Directive 2009/21/EC on compliance with flag State requirements (Text with EEA relevance)

Directive 2009/15/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (Text with EEA relevance)

Directive 2009/18/EC establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council. Also known as Accident Investigation Directive (Third Maritime Package)

Directive 2009/16/EC Directive 2009/16/EC on Port State Control was implemented on 1 January 2011. Its provisions have entered into force on 17 June 2009. Detentions and Preventions of Operation which occurred after that date were taken into account for the refusal of access.

Directive 2008/106/EC on the minimum level of training of seafarers (Text with EEA relevance)

Regulation 324/2008/EC laying down revised procedures for conducting Commission inspections in the field of maritime security (Text with EEA relevance)

Regulation 336/2006/EC on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) 3051/95

Regulation 725/2004/EC on enhancing ship and port facility security (Text with EEA relevance)

Directive 2003/24/EC amending Council Directive 98/18/EC on safety rules and standards for passenger ships

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 Committee of Ministers Recommendation No. R(82)1 Concerning International Cooperation in the Prosecution and Punishment of Acts of Terrorism

d. Existence of bilateral and multilateral cooperation instruments and agreements: extradition treaties

Commonwealth Secretariat The London Scheme for Extradition within the Commonwealth (incorporated agreed amendments at Kingstown, November 2002) Scheme (The Harare Scheme) Relating to Mutual Assistance in Criminal Matters within the Commonwealth (including amendments made by Law ministers in April 1990, November 2002 and October 2005)
OAS Inter-American Convention on Mutual Assistance in Criminal Matters

e. Existence of bilateral and multilateral cooperation instruments and agreements: mutual assistance in criminal matters

Association of Southeast Asian Nations (ASEAN) ASEAN Model Treaty for Mutual Legal Assistance in Criminal Matters; Kuala Lumpur, 29 November 2004

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 1963Entered 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 1970Entered 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 1971Entered 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 1973Entered into force on 20 February 1977

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

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

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

Signed at Vienna on 26 October 1979Entered 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 1988Entered 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 1988Entered 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 1988Entered 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 1991Entered 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 1997Entered 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 1999Entered 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 2005Entered 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 2005Not 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 2005Not 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 2005Not 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)
Guidelines on International Protection: Application of the Exclusion Clauses: Article 1F of the 1951 Convention relating to the Status of Refugees (HCR/GIP/03/05); 4 September 2003Background Note on the Application of the Exclusion Clauses: Article 1F of the 1951 Convention relating to the Status of Refugees; 4 September 2003

Summary Conclusions – Exclusion from Refugee Status. Lisbon Expert Roundtable, Global Consultations on International Protection, 3-4 May 2001 (EC/GC/01/2Track/1)

Procedural Standards for Refugee Status Determination under UNHCR’s mandate; 2005

Handbook on Procedures and criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees; Geneva, January 1992

Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984

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 Guidelines on International Protection: Application of the Exclusion Clauses: Article 1F of the 1951 Convention relating to the Status of Refugees. (HCR/GIP/03/05); 4 September 2003 Background Note on the Application of the Exclusion Clauses: Article 1F of the 1951 Convention relating to the Status of Refugees;4 September 2003

Summary Conclusions – Exclusion from Refugee Status. Lisbon Expert Roundtable, Global Consultations on International Protection, 3-4 May 2001 (EC/GC/01/2Track/1)

Procedural Standards for Refugee Status Determination under UNHCR’s mandate; 2005

Handbook on Procedures and criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees; Geneva, January 1992