Declaration: Strengthening National Financial Systems Through International Cooperation and Information Sharing as a Means To Prevent Terrorism and the Proliferation of Weapons of Mass Destruction

Bureau of Western Hemisphere Affairs
April 7, 2017


INTER-AMERICAN COMMITTEE AGAINST TERRORISM (CICTE)

SEVENTEENTH REGULAR SESSION
April 6 and 7, 2017
Washington, D.C., United States

OEA/Ser.L/X.2.17
CICTE/DEC. 1/17
10 April 2017
Original: Spanish

 

DECLARATION

STRENGTHENING NATIONAL FINANCIAL SYSTEMS THROUGH INTERNATIONAL COOPERATION AND INFORMATION SHARING AS A MEANS TO PREVENT TERRORISM AND THE PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

(Adopted at the sixth plenary session, held on April 7, 2017)

THE MEMBER STATES OF THE INTER-AMERICAN COMMITTEE AGAINST TERRORISM (CICTE) OF THE ORGANIZATION OF AMERICAN STATES (OAS), meeting at its seventeenth regular session held at OAS headquarters in Washington D.C., on April 6 and 7, 2017,

REAFFIRMING that terrorism constitutes one of the most grave threats to international peace and security, among others, and must be countered in accordance with the principles of international law, including the United Nations Charter, the Charter of the Organization of American States, the Inter-American Convention against Terrorism and relevant international agreements and conventions, in particular human rights law, refugee law and international humanitarian law;

REAFFIRMING ALSO that terrorism must be condemned in all of its forms and manifestations, with full respect for the sovereignty, territorial integrity and political independence of all member states, in accordance with the United Nations Charter;

REAFFIRMING FURTHER that terrorism cannot and should not be associated with any religion, nationality, civilization or ethnic group;

REAFFIRMING AGAIN that the proliferation of nuclear, chemical and biological weapons and their delivery systems constitutes a threat to international peace and security;

REMAINING gravely concerned by the threat of terrorism and the risk that non-State actors may acquire, develop, traffic in or use nuclear, chemical and biological weapons and their means of delivery, including by using the rapid advances in science, technology and international commerce to that end, while reiterating the obligation of all States to abstain from providing any type of support to such agents in this regard;

RECALLING the obligations arising from United Nations Security Council resolutions 1267 (1999), 1373 (2001), 1540 (2004), 1624 (2005), 1977 (2011), 1988 (2011), 1989 (2011) 2083 (2012), 2133 (2014), 2178 (2014), 2199 (2015), 2253 (2015), 2325 (2016) and 2332 (2016), which urge member states to adopt the necessary measures, in accordance with applicable international and domestic legislation to prevent, combat and eradicate terrorism, the proliferation of weapons of mass destruction, and their delivery systems and related materials, as well as their financing, and to refrain from providing any type of active or passive support to entities or persons participating in such acts;

TAKING INTO ACCOUNT the 2016 study regarding the implementation of resolution 1540 (2004) and observing the conclusions and recommendations of its final document;

RECALLING furthermore all declarations adopted during the regular sessions of the Inter-American Committee against Terrorism, and recognizing all resolutions approved by the General Assembly and the Permanent Council of the OAS with regards to terrorism;

EMPHASIZING the importance that member states classify as a serious crime in their legislation and their domestic laws the prohibition of financing of terrorist organizations or individual terrorists for any purpose, and urges states to share information on that activity in accordance with the provisions of applicable domestic and international law;

RECOGNIZING that to effectively combat all forms and manifestations of terrorism and the proliferation and illicit trafficking of weapons of mass destruction member states should bolster their financial systems by adopting and making use of measures to prevent, detect and suppress the movement and use of funds by terrorists and terrorist organizations, and their economic sustenance in general, through international cooperation and exchange of information, in accordance with applicable international and domestic law;

RECOGNIZING that efforts to prevent, combat, and eradicate terrorism and the proliferation and illicit trafficking of weapons of mass destruction and their delivery systems and related materials, as well as their financing, must be joint, united, and precise, and that financial and economic intelligence units need to work together at the regional level with the various regulation and oversight bodies of national financial, corporate, securities, insurance and solidarity-based economy systems in the context of combating money laundering and the financing of crime;

EMPHASIZING the need to improve the capacity of member states to continue taking action to disrupt terrorist financing and recommend that they establish measures in their national plans and strategies, and incorporate when appropriate in their laws and practices and/or procedures, to implement financial sanctions pursuant to the relevant United Nations Security Council Resolutions in the recommendations of the Financial Action Task Force (FATF);

RECALLING the threat presented by the misuse of science and technology in international trade and in the financial system, for the purpose of raising funds to finance the proliferation and illicit trafficking of weapons of mass destruction, their delivery systems and related materials, as well as for the promotion, incitement, recruitment, planning, execution and facilitation in the commission of terrorist acts;

REITERATING the importance that member states prevent terrorists and terrorist organizations from using nongovernmental organizations, nonprofit and charitable organizations, money service businesses and financial systems for raising and moving funds for terrorist purposes or for the financing of the proliferation of weapons of mass destruction, their delivery systems and related materials;

EMPHASIZING the need for member states to implement the recommendations of the United Nations Global Strategy against Terrorism (2016) and its Study (2016);

STRESSING the need for member states to consider adopting an enforceable and adaptable strategy to prevent the use of revenues from transnational organized crime and its related offenses with terrorist purposes;

CONSIDERING the importance that member states promote and reinforce the most extensive, timely and effective international cooperation among the competent authorities, in accordance with international law and bilateral or regional agreements as appropriate, to prevent, combat and eradicate terrorism, the proliferation and illicit trafficking of weapons of mass destruction, their delivery systems and related materials, as well as their financing;

UNDERLINING the relevance of the exchange of information, in accordance with national procedures, among competent authorities as appropriate in efforts to prevent, combat and eradicate terrorism, the proliferation and illicit trafficking of weapons of mass destruction, their delivery systems and related materials, as well as their financing;

RECOGNIZING the importance of cooperation with the private sector, academia, civil society and other social actors, the general population and the state, so that they can contribute to efforts to counter terrorism in all of its forms and manifestations; and

EMPHASIZING the work developed by the CICTE Executive Secretariat, through the National Points of Contact, to build national capacities and strengthen legislative assistance to prevent, combat and eradicate terrorism, the proliferation and illicit trafficking of weapons of mass destruction, their delivery systems and related materials, as well as their financing,

DECLARE:

  1. Their strong and unequivocal condemnation of terrorism in all its forms and manifestations, regardless of who, where and for what purpose it is committed.
  1. Their unwavering commitment to detect, prevent, combat and eradicate terrorism, the proliferation and illicit trafficking of weapons of mass destruction, their delivery systems and related materials, as well as their financing, by persons, groups, or entities associated with terrorism, since they constitute a threat to international peace and security and the development of States, in accordance with commitments under international law, including international human rights law, international refugee law and international humanitarian law.
  1. Their unwavering support of the decisions adopted and the requirements set forth in UNSC Resolution 1540 (2004) and the importance of the full and effective implementation of this resolution.
  1. Their commitment to the 5th Biennial Review of the United Nations Global Counter-Terrorism Strategy (2016) and the importance of the integrated and balanced implementation of its four pillars.
  1. The need to update their assessment of terrorist financing risk and to implement prevention programs and strategies adapted to their national situation to prevent, combat and eradicate terrorism, the proliferation and illicit trafficking of weapons of mass destruction, their delivery systems and related materials, as well as their financing.
  1. The need to implement comprehensive international standards, particularly those of the Financial Action Task Force (FATF), for combatting money laundering and the financing of terrorism and proliferation and illicit trafficking of weapons of mass destruction, their delivery systems and related materials, recognizing that states may require assistance in implementing them.
  1. Their commitment to adopting the framework needed to elevate the mandatory nature of the standardization of data collection processes with respect to “MT” messages used to carry out interbank financial transactions.
  1. The importance of ensuring that financial institutions comply with the requirements of applicable laws and regulations and implement effective control measures in accordance with international standards in force, particularly those of the Financial Action Task Force (FATF), taking into account a risk-based approach.
  1. The need to develop and strengthen national and international regulatory frameworks in order to eradicate practices that create incentives for transfers of illicit financial flows and that enable money laundering and terrorist financing, and which have negative effects on the global economy, in particular for developing countries.
  1. The importance that competent authorities involved in countering terrorist financing and the proliferation and illicit trafficking of weapons of mass destruction publish the United Nations Security Council Consolidated Sanctions List on their websites.
  1. The importance of encouraging the implementation of an Anti-Money Laundering and Counter-Terrorism Financing Unit for those competent authorities that have not taken into account the creation of said Unit, as well as the exchange of information and cooperation among financial and non-financial institutions as ways of ensuring effective due diligence, with a view to prevent, combat and eradicate terrorism, the proliferation and illicit trafficking of weapons of mass destruction, their delivery systems and related materials, as well as their financing.
  1. The need to implement international standards, particularly those of the Financial Action Task Force (FATF), including the principles of transparency and risk-based due diligence concerning natural persons and legal entities and trusts in banking, commercial, and economic activities conducted by financial institutions as well as non-financial institutions.
  1. The need to strengthen the regulatory mechanisms of financial institutions to identify, evaluate, and include the development of new technologies, new products and commercial practices by illicit actors that may violate their systems.
  1. Their willingness to adapt their domestic laws and practices, as appropriate, in line with relevant international and regional instruments, especially the Inter-American Convention against Terrorism, so as to take appropriate measures to prevent the improper use of asylum or refugee status by those who commit, organize, or facilitate acts of terrorism and, before granting refugee status or asylum, to ensure that the applicant has not planned, facilitated or participated in the commission of acts of terrorism to the extent permitted by domestic legislation and international law, in particular international human rights law, refugee law and international humanitarian law.
  1. The importance of strengthening national legislations as appropriate and financial sanctions regimes aimed at combatting terrorist financing and the financing of proliferation and illicit trafficking of weapons of mass destruction, pursuant to the UN Security Council resolutions on the subject.
  1. The importance of calling on member states, in accordance with their national legislation, to ensure secure technological platforms for the timely and efficient exchange of information among the competent national authorities for identification and freezing of assets, securities, and property of national and legal persons whose names are on the United Nations Security Council Consolidated Sanctions List.
  1. The need to continue to support the national capacity of judges, prosecutors, government officials and financial intelligence units, in the framework of mutual legal assistance, to enable the freezing, seizing and confiscation of funds or other assets related to acts of terrorism and the proliferation and illicit trafficking of weapons of mass destruction and their delivery systems and related materials, as well as their financing. Member States should also seek and provide, where appropriate, extradition, deportation, and expulsion of individuals involved in acts of terrorism and the proliferation of weapons of mass destruction, and their delivery systems and related materials, as well as their financing.
  1. The importance of promoting the establishment of strategic alliances with observer countries and nonmember states, and to strengthen bilateral, multilateral, and international cooperation, in full respect of national sovereignty and the political independence of States, to provide technical assistance in legislative and regulatory drafting and practitioner training to member states as requested, including in areas such as investigating and prosecuting crimes related to terrorism and the proliferation and illicit trafficking of weapons of mass destruction and their delivery systems and related materials, as well as their financing.
  1. Their willingness to engage and provide guidance to the private sector, academia, civil society and other social actors, as well as the population in general, so that together with member states, they can actively contribute to efforts to prevent, combat and eradicate terrorism, the proliferation and illicit trafficking of weapons of mass destruction, their delivery systems and related materials, as well as their financing, within the framework of current national legislations.
  1. The importance that the Executive Secretariat of the Inter-American Committee Against Terrorism (CICTE) takes the necessary steps to expand its technical and legislative assistance to member states, consistent with available financial resources, as an effective instrument to prevent, combat and eradicate terrorism, the proliferation and illicit trafficking of weapons of mass destruction, their delivery systems and related materials, as well as their financing; and prepare a report regarding the activities developed by said Executive Secretariat for the knowledge of member states.
  1. The need for the CICTE Secretariat, within the scope of its authority, to support member states that so request in their commitment and efforts to comply with and implement this Declaration and the CICTE Work Plan, for which purpose a meeting of CICTE will be convened during the second half of 2018, in order to review the implementation of its work plan, among other topics, consistent with available financial resources.
  1. Their commitment in guaranteeing that the 2018 Program-Budget of the Organization provides the CICTE Secretariat with the human and financial resources needed, particularly Regular Fund resources, to ensure continuity in its endeavors as well as implementation of the mandates, programs and activities contained in the CICTE Work Plan adopted at its Seventeenth Regular Session.
  1. The importance of encouraging member states, permanent observers, and international organizations to continue supporting the CICTE Secretariat through external financing sources, with a view to facilitating the fulfillment of its functions.

CICTE01116E04