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Paper Information

Journal:   LAW REVIEW   2005 , Volume - , Number 32; Page(s) 259 To 305.
 
Paper: 

SUPPRESSION OF THE FINANCING OF TERRORISM IN INTERNATIONAL INSTRUMENTS

 
 
Author(s):  TAYYEBI FARD A.H.*
 
* 
 
Abstract: 

Suppressing the terrorism financing is one of the ways to combat the phenomenon of terrorism. To this end, the countries, whether directly or through the United Nations, have paved the way to restrain the terrorism financing.
According to the obligatory character, those measures could be classified in to three categories:
1. resolutions passed by the Security Council, particulary resolution 1373, which as per Article 25 of the Charter of the UN should be regarded as an obligatory instrument.
2. the International Convention for the suppression of the financing of Terrorism, drafted by the UN. By virtue of the resolution 1373, the members, of the UN have been called to become parties, as soon as possible, to the convention:
3. FATF Special Recommendations on Terrorist Financing and the relevant recommendation from FATF Forty Recommendations. Though it seems these recommendations do not have the strength of the Convention and do not have the support of the resolution 1373, but in practice, they are very important.
The above - mentioned instruments have been so drafted that they are interwoven to and in some cases, they complete each other and somehow repetitive. So that, as per Article 25 of the Charter, the resolution 1373 of the Security Council should be observed by the member states; on the other hand, the resolution requires that the member states to become parties to the convention. In order to implement the Convention, it would be required to pass a law on combating the terrorism financing, according to the standards prescribed in the Convention. Moreover, to preserve the correspondence banking, there would be no choice but to implement the FATF Recommendation.

 

 
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