[AI] RISOLUZIONE CONSIGLIO SICUREZZA ONU SU MISURE FINANZIARIECONTRO IL TERRORISMO

[carlo.gubitosa@tiscali.it]

Riportiamo di seguito la risoluzione del Consiglio di Sicurezza delle Nazioni
Unite con cui sono state adottate misure per contrastare il terrorismo sul
piano finanziario.


------------------------------------------------

 Security Council unanimously adopts wide-ranging anti-terrorism resolution;
calls for supressing financing, improving international cooperation






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Security Council
SC/7158

4385th Meeting (Night)
28 September
2001





SECURITY COUNCIL UNANIMOUSLY ADOPTS WIDE-RANGING ANTI-TERRORISM RESOLUTION;



CALLS FOR SUPPRESSING FINANCING, IMPROVING INTERNATIONAL COOPERATION





Resolution 1373 (2001) Also Creates Committee to Monitor Implementation





Reaffirming its unequivocal condemnation of the terrorist acts that took
place in New York, Washington, D.C., and Pennsylvania on 11 September, the
Security Council this evening unanimously adopted a wide-ranging, comprehensive
resolution with steps and strategies to combat international terrorism.



By resolution 1373 (2001) the Council also established a Committee of the
Council to monitor the resolution?s implementation and called on all States
to report on actions they had taken to that end no later than 90 days from
today.



Under terms of the text, the Council decided that all States should prevent
and suppress the financing of terrorism, as well as criminalize the wilful
provision or collection of funds for such acts.  The funds, financial assets
and economic resources of those who commit or attempt to commit terrorist
acts or participate in or facilitate the commission of terrorist acts and
of persons and entities acting on behalf of terrorists should also be frozen
without delay.



The Council also decided that States should prohibit their nationals or
persons or entities in their territories from making funds, financial assets,
economic resources, financial or other related services available to persons
who commit or attempt to commit, facilitate or participate in the commission
of terrorist acts.  States should also refrain from providing any form of
support to entities or persons involved in terrorist acts; take the necessary
steps to prevent the commission of terrorist acts; deny safe haven to those
who finance, plan, support, commit terrorist acts and provide safe havens
as well.



By other terms, the Council decided that all States should prevent those
who finance, plan, facilitate or commit terrorist acts from using their
respective territories for those purposes against other countries and their
citizens.  States should also ensure that anyone who has participated in
the financing, planning, preparation or perpetration of terrorist acts or
in supporting terrorist acts is brought to justice.  They should also ensure
that terrorist acts are established as serious criminal offences in domestic
laws and regulations and that the seriousness of such acts is duly reflected
in sentences served.



By further terms, the Council decided that States should afford one another
the greatest measure of assistance for criminal investigations or criminal
proceedings relating to the financing or support of terrorist acts.  States
should



also prevent the movement of terrorists or their groups by effective border
controls as well.



Also by the text, the Council called on all States to intensify and accelerate
the exchange of information regarding terrorist actions or movements; forged
or falsified documents; traffic in arms and sensitive material; use of
communications
and technologies by terrorist groups; and the threat posed by the possession
of weapons of mass destruction.



States were also called on to exchange information and cooperate to prevent
and suppress terrorist acts and to take action against the perpetrators
of such acts.  States should become parties to, and fully implement as soon
as possible, the relevant international conventions and protocols to combat
terrorism.



By the text, before granting refugee status, all States should take appropriate
measures to ensure that the asylum seekers had not planned, facilitated
or participated in terrorist acts.  Further, States should ensure that refugee
status was not abused by the perpetrators, organizers or facilitators of
terrorist acts, and that claims of political motivation were not recognized
as grounds for refusing requests for the extradition of alleged terrorists.




The Council noted with concern the close connection between international
terrorism and transnational organized crime, illicit drugs, money laundering
and illegal movement of nuclear, chemical, biological and other deadly
materials.
 In that regard, it emphasized the need to enhance the coordination of
national,
subregional, regional and international efforts to strengthen a global response
to that threat to international security.



Reaffirming the need to combat by all means, in accordance with the Charter,
threats to international peace and security caused by terrorist acts, the
Council expressed its determination to take all necessary steps to fully
implement the current resolution.



The meeting, which began at 10:50 p.m., adjourned at 10:53 p.m.



      Resolution



      The full text of resolution 1373 (2001) reads as follows:



      ?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.?







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