[Clips] Senate Approves Inter-American Convention Against Terrorism

[R.A. Hettinga]

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 >b.                   Measures to detect and monitor movements across
 >borders of cash, bearer negotiable instruments, and other appropriate
 >movements of value.  These measures shall be subject to safeguards to
 >ensure proper use of information and should not impede legitimate capital
 >movements.


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 Security News : U.S. Senate Approves Inter-American Convention Against
 Terrorism
 Posted by Patriot on 2005/10/13 9:54:46 (45 reads)

 U.S. Senate Approves Inter-American Convention Against Terrorism

 Convention called important tool in war on terror, organized crime
 12 October 2005
 By Eric Green
 Washington File Staff Writer

 Washington -- The U.S. Senate approved October 7 the Inter-American
 Convention Against Terrorism, which has received the strong support of the
 Bush administration. The administration had reaffirmed its firm support for
 the counterterrorism convention in a letter from Assistant U.S. Attorney
 General for Legislative Affairs William Moschella urging the Senate to
 approve the measure. Moschella wrote that the Bush administration
 "strongly" supported the convention.


 U.S. Senator Jeff Sessions (Republican of Alabama) said on the Senate floor
 before the agreement was approved that the convention would provide an
 important tool "in our war against terrorism and organized crime." Sessions
 is a member of the Senate Subcommittee on Terrorism, Technology and
 Homeland Security.

 The United States signed the convention in June 2002, but Senate approval
 was needed before the United States could ratify the Western Hemisphere
 counterterrorism measure. For the anti-terrorism convention to become
 officially approved by the United States, the Senate's ratification must be
 subsequently signed and registered ("deposited") by President Bush at the
 Organization of American States (OAS).

 The OAS General Assembly adopted the pact in June 2002 in Bridgetown,
Barbados.

 The organization said the convention is the first international measure
 against terrorism negotiated after the September 11, 2001, attacks against
 the United States. The convention provides the legal framework for
 cooperation among the 34 OAS member states in the fight against terrorism.

 The U.S. State Department pledged an additional $1.6 million in February to
 strengthen and expand counterterrorism coordination in the Western
 Hemisphere, bringing the total U.S. contribution to $5 million on this
 issue since the September 11 terrorist attacks.

 According to the State Department report, Country Reports on Terrorism
 2004, terrorists in the Western Hemisphere becoming increasingly active in
 illicit transnational activities, including the drug trade, arms
 trafficking, money laundering, contraband smuggling and document and
 currency fraud.

 The report said the threat of international terrorism in the Western
 Hemisphere remained relatively low during 2004, compared to other world
 regions but added that terrorists might seek safe haven, financing,
 recruiting, illegal travel documentation, or access to the United States
 from the hemisphere.

 Terrorism was also the subject of a September 2004 State Department
 electronic journal, The Global War on Terrorist Finance, available on the
 State Department Web site.

 The text of Inter-American Convention Against Terrorismon from the OAS Web
 site is available below.

  INTER-AMERICAN CONVENTION AGAINST TERRORISM

 The States Parties to this Convention,

             BEARING IN MIND the purposes and principles of the Charter of
 the Organization of American States and the Charter of the United Nations;

             CONSIDERING that terrorism represents a serious threat to
 democratic values and to international peace and security and is a cause of
 profound concern to all member states;

             REAFFIRMING the need to adopt effective steps in the
 inter-American system to prevent, punish, and eliminate terrorism through
 the broadest cooperation;

             RECOGNIZING that the serious economic harm to states which may
 result from terrorist acts is one of the factors that underscore the need
 for cooperation and the urgency of efforts to eradicate terrorism;

             REAFFIRMING the commitment of the states to prevent, combat,
 punish, and eliminate terrorism; and

             BEARING IN MIND resolution RC.23/RES. 1/01 rev. 1 corr. 1,
 "Strengthening Hemispheric Cooperation to Prevent, Combat, and Eliminate
 Terrorism," adopted at the Twenty-third Meeting of Consultation of
 Ministers of Foreign Affairs,

 Have agreed to the following:

 Article 1

 Object and purposes

             The purposes of this Convention are to prevent, punish, and
 eliminate terrorism.  To that end, the states parties agree to adopt the
 necessary measures and to strengthen cooperation among them, in accordance
 with the terms of this Convention.

 Article 2

 Applicable international instruments

 1.            For the purposes of this Convention, "offenses" means the
 offenses established in the international instruments listed below:

 a.       Convention for the Suppression of Unlawful Seizure of Aircraft,
 signed at The Hague on December 16, 1970.

 b.       Convention for the Suppression of Unlawful Acts against the Safety
 of Civil Aviation, signed at Montreal on September 23, 1971.

 c.       Convention on the Prevention and Punishment of Crimes against
 Internationally Protected Persons, including Diplomatic Agents, adopted by
 the General Assembly of the United Nations on December 14, 1973.

 d.       International Convention against the Taking of Hostages, adopted
 by the General Assembly of the United Nations on December 17, 1979.

 e.       Convention on the Physical Protection of Nuclear Material, signed
 at Vienna on March 3, 1980.

 f.         Protocol on 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, signed at Montreal on February 24, 1988.

 g.       Convention for the Suppression of Unlawful Acts against the Safety
 of Maritime Navigation, done at Rome on March 10, 1988.

 h.       Protocol for the Suppression of Unlawful Acts against the Safety
 of Fixed Platforms Located on the Continental Shelf, done at Rome on March
 10, 1988.

 i.         International Convention for the Suppression of Terrorist
 Bombings, adopted by the General Assembly of the United Nations on December
 15, 1997.

 j.         International Convention for the Suppression of the Financing of
 Terrorism, adopted by the General Assembly of the United Nations on
 December 9, 1999.

             2.            Upon depositing its instrument of ratification to
 this Convention, a state party that is not a party to one or more of the
 international instruments listed in paragraph 1 of this article may declare
 that, in application of this Convention to such state party, that
 particular instrument shall be deemed not to be included in that paragraph.
 The declaration shall cease to have effect as soon as that instrument
 enters into force for that state party, which shall notify the depositary
 of this fact.

             3.            When a state party ceases to be a party to one of
 the international instruments listed in paragraph 1 of this article, it may
 make a declaration, as provided in paragraph 2 of this article, with
 respect to that instrument.

 Article 3



 Domestic measures

 Each state party, in accordance with the provisions of its constitution,
 shall endeavor to become a party to the international instruments listed in
 Article 2 to which it is not yet a party and to adopt the necessary
 measures to effectively implement such instruments, including establishing,
 in its domestic legislation, penalties for the offenses described therein.

 Article 4

 Measures to prevent, combat, and eradicate the financing of terrorism

 1.            Each state party, to the extent it has not already done so,
 shall institute a legal and regulatory regime to prevent, combat, and
 eradicate the financing of terrorism and for effective international
 cooperation with respect thereto, which shall include:

 a.                   A comprehensive domestic regulatory and supervisory
 regime for banks, other financial institutions, and other entities deemed
 particularly susceptible to being used for the financing of terrorist
 activities. This regime shall emphasize requirements for customer
 identification, record-keeping, and the reporting of suspicious or unusual
 transactions.

 b.                   Measures to detect and monitor movements across
 borders of cash, bearer negotiable instruments, and other appropriate
 movements of value.  These measures shall be subject to safeguards to
 ensure proper use of information and should not impede legitimate capital
 movements.

 c.                   Measures to ensure that the competent authorities
 dedicated to combating the offenses established in the international
 instruments listed in Article 2 have the ability to cooperate and exchange
 information at the national and international levels within the conditions
 prescribed under its domestic law.  To that end, each state party shall
 establish and maintain a financial intelligence unit to serve as a national
 center for the collection, analysis, and dissemination of pertinent money
 laundering and terrorist financing information.  Each state party shall
 inform the Secretary General of the Organization of American States of the
 authority designated to be its financial intelligence unit.

             2.            When implementing paragraph 1 of this article,
 states parties shall use as guidelines the recommendations developed by
 specialized international and regional entities, in particular the
 Financial Action Task Force and, as appropriate, the Inter-American Drug
 Abuse Control Commission, the Caribbean Financial Action Task Force, and
 the South American Financial Action Task Force.

 Article 5

 Seizure and confiscation of funds or other assets

             1.            Each state party shall, in accordance with the
 procedures established in its domestic law, take such measures as may be
 necessary to provide for the identification, freezing or seizure for the
 purposes of possible forfeiture, and confiscation or forfeiture, of any
 funds or other assets constituting the proceeds of, used to facilitate, or
 used or intended to finance, the commission of any of the offenses
 established in the international instruments listed in Article 2 of this
 Convention.

 2.            The measures referred to in paragraph 1 shall apply to
 offenses committed both within and outside the jurisdiction of the state
 party.

 Article 6

 Predicate offenses to money laundering

 1.            Each state party shall take the necessary measures to ensure
 that its domestic penal money laundering legislation also includes as
 predicate offenses those offenses established in the international
 instruments listed in Article 2 of this Convention.

 2.            The money laundering predicate offenses referred to in
 paragraph 1 shall include those committed both within and outside the
 jurisdiction of the state party.

 Article 7
 Cooperation on border controls

 1.            The states parties, consistent with their respective domestic
 legal and administrative regimes, shall promote cooperation and the
 exchange of information in order to improve border and customs control
 measures to detect and prevent the international movement of terrorists and
 trafficking in arms or other materials intended to support terrorist
 activities.

 2.            In this context, they shall promote cooperation and the
 exchange of information to improve their controls on the issuance of travel
 and identity documents and to prevent their counterfeiting, forgery, or
 fraudulent use.

 3.            Such measures shall be carried out without prejudice to
 applicable international commitments in relation to the free movement of
 people and the facilitation of commerce.
 Article 8

 Cooperation among law enforcement authorities

             The states parties shall work closely with one another,
 consistent with their respective domestic legal and administrative systems,
 to enhance the effectiveness of law enforcement action to combat the
 offenses established in the international instruments listed in Article 2.
 In this context, they shall establish and enhance, where necessary,
 channels of communication between their competent authorities in order to
 facilitate the secure and rapid exchange of information concerning all
 aspects of the offenses established in the international instruments listed
 in Article 2 of this Convention.

 Article 9
 Mutual legal assistance

             The states parties shall afford one another the greatest
 measure of expeditious mutual legal assistance with respect to the
 prevention, investigation, and prosecution of the offenses established in
 the international instruments listed in Article 2 and proceedings related
 thereto, in accordance with applicable international agreements in force.
 In the absence of such agreements, states parties shall afford one another
 expeditious assistance in accordance with their domestic law.

 Article 10

 Transfer of persons in custody

 1.            A person who is being detained or is serving a sentence in
 the territory of one state party and whose presence in another state party
 is requested for purposes of identification, testimony, or otherwise
 providing assistance in obtaining evidence for the investigation or
 prosecution of offenses established in the international instruments listed
 in Article 2 may be transferred if the following conditions are met:

 a.                   The person freely gives his or her informed consent; and

 b.                   Both states agree, subject to such conditions as those
 states may deem appropriate.

 2.            For the purposes of this article:

 a.                   The state to which the person is transferred shall
 have the authority and obligation to keep the person transferred in
 custody, unless otherwise requested or authorized by the state from which
 the person was transferred.

 b.                   The state to which the person is transferred shall
 without delay implement its obligation to return the person to the custody
 of the state from which the person was transferred as agreed beforehand, or
 as otherwise agreed, by the competent authorities of both states.

 c.                   The state to which the person is transferred shall not
 require the state from which the person was transferred to initiate
 extradition proceedings for the return of the person.

 d.                   The person transferred shall receive, for time spent
 in the custody of the state to which he or she was transferred, credit
 toward service of the sentence being served in the state from which he or
 she was transferred.

 3.            Unless the state party from which a person is to be
 transferred in accordance with the present article so agrees, that person,
 whatever his or her nationality, shall not be prosecuted or detained or
 subjected to any other restriction of his or her personal liberty in the
 territory of the state to which that person is transferred in respect of
 acts or convictions prior to his or her departure from the territory of the
 state from which said person was transferred.

 Article 11



 Inapplicability of political offense exception


             For the purposes of extradition or mutual legal assistance,
 none of the offenses established in the international instruments listed in
 Article 2 shall be regarded as a political offense or an offense connected
 with a political offense or an offense inspired by political motives.
 Accordingly, a request for extradition or mutual legal assistance may not
 be refused on the sole ground that it concerns a political offense or an
 offense connected with a political offense or an offense inspired by
 political motives.


 Article 12



 Denial of refugee status

 Each state party shall take appropriate measures, consistent with the
 relevant provisions of national and international law, for the purpose of
 ensuring that refugee status is not granted to any person in respect of
 whom there are serious reasons for considering that he or she has committed
 an offense established in the international instruments listed in Article 2
 of this Convention.

 Article 13

 Denial of asylum

 Each state party shall take appropriate measures, consistent with the
 relevant provisions of national and international law, for the purpose of
 ensuring that asylum is not granted to any person in respect of whom there
 are reasonable grounds to believe that he or she has committed an offense
 established in the international instruments listed in Article 2 of this
 Convention.

 Article 14

 Nondiscrimination

 None of the provisions of this Convention shall be interpreted as imposing
 an obligation to provide mutual legal assistance if the requested state
 party has substantial grounds for believing that the request has been made
 for the purpose of prosecuting or punishing a person on account of that
 person's race, religion, nationality, ethnic origin, or political opinion,
 or that compliance with the request would cause prejudice to that person's
 position for any of these reasons.

 Article 15

 Human rights

 1.            The measures carried out by the states parties under this
 Convention shall take place with full respect for the rule of law, human
 rights, and fundamental freedoms.

 2.            Nothing in this Convention shall be interpreted as affecting
 other rights and obligations of states and individuals under international
 law, in particular the Charter of the United Nations, the Charter of the
 Organization of American States, international humanitarian law,
 international human rights law, and international refugee law.

 3.            Any person who is taken into custody or regarding whom any
 other measures are taken or proceedings are carried out pursuant to this
 Convention shall be guaranteed fair treatment, including the enjoyment of
 all rights and guarantees in conformity with the law of the state in the
 territory of which that person is present and applicable provisions of
 international law.

 Article 16



 Training

 1.            The states parties shall promote technical cooperation and
 training programs at the national, bilateral, subregional, and regional
 levels and in the framework of the Organization of American States to
 strengthen the national institutions responsible for compliance with the
 obligations assumed under this Convention.

 2.            The states parties shall also promote, where appropriate,
 technical cooperation and training programs with other regional and
 international organizations conducting activities related to the purposes
 of this Convention.

 Article 17



 Cooperation through the Organization of American States
 The states parties shall encourage the broadest cooperation within the
 pertinent organs of the Organization of American States, including the
 Inter-American Committee against Terrorism (CICTE), on matters related to
 the object and purposes of this Convention.
 Article 18

 Consultations among the parties

 1.                  The states parties shall hold periodic meetings of
 consultation, as appropriate, with a view to facilitating:

 a.                   The full implementation of this Convention, including
 the consideration of issues of interest relating thereto identified by the
 states parties; and

 b.                   The exchange of information and experiences on
 effective means and methods to prevent, detect, investigate, and punish
 terrorism.

 2.                  The Secretary General shall convene a meeting of
 consultation of the states parties after receiving the 10th instrument of
 ratification.  Without prejudice to this, the states parties may hold
 consultations as they consider appropriate.

 3.                  The states parties may request the pertinent organs of
 the Organization of American States, including CICTE, to facilitate the
 consultations referred to in the previous paragraphs and to provide other
 forms of assistance with respect to the implementation of this Convention.

 Article 19

 Exercise of jurisdiction

             Nothing in this Convention entitles a state party to undertake
 in the territory of another state party the exercise of jurisdiction or
 performance of functions that are exclusively reserved to the authorities
 of that other state party by its domestic law.

 Article 20



 Depositary

 The original instrument of this Convention, the English, French,
 Portuguese, and Spanish texts of which are equally authentic, shall be
 deposited with the General Secretariat of the Organization of American
 States.
 Article 21

 Signature and ratification

 1.            This Convention is open for signature by all member states of
 the Organization of American States.

 2.            This Convention is subject to ratification by the signatory
 states in accordance with their respective constitutional procedures. The
 instruments of ratification shall be deposited with the General Secretariat
 of the Organization of American States.



 Article 22



 Entry into force

             1.            This Convention shall enter into force on the
 30th day following the date of deposit of the sixth instrument of
 ratification of the Convention with the General Secretariat of the
 Organization of American States.

 2.            For each state ratifying the Convention after deposit of the
 sixth instrument of ratification, the Convention shall enter into force on
 the 30th day following the deposit by such state of its instrument of
 ratification.
 Article 23

 Denunciation

             1.            Any state party may denounce this Convention by
 written notification to the Secretary General of the Organization of
 American States.  Denunciation shall take effect one year following the
 date on which notification is received by the Secretary General of the
 Organization.

 2.            Such denunciation shall not affect any requests for
 information or assistance made during the time the Convention is in force
 for the denouncing state.


 (The Washington File is a product of the Bureau of International
 Information Programs, U.S. Department of State. Web site:
 http://usinfo.state.gov)

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-----------------
R. A. Hettinga <mailto: rah at ibuc.com>
The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'