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Hans-Joerg Albrecht
Anti-terrorism legislation draws attention in particular to the so-called
money trail and with that to the control of financial and money markets by
way of introducing elaborate money laundering control systems (United
Nations Office on Drugs and Crime, 2004; FATF, 2003; Jahn, 2002). The
money trail has been highlighted as an important issue since the end of the
1980’s, back then the focus was on the control of drug markets; however,
the approach since then has been generalised and made available for control
of organised and transaction crime at large (Albrecht, 1998a). As is the case
with goals pursued in the control of conventional forms of organised crime
control of international terrorism should be made more efficient through
adjusting money laundering control rules and forfeiture legislation (FATF,
2002). In this context the extension of duties to identify clients and to
forward information to prosecution services or police has to be mentioned.
The Second Money Laundering Guideline of the European Union (Directive
2001/97/EC of the European Parliament and of the Council of 4 December
2001) extended such duties to professions such as lawyers, accountants and
notaries (besides other professions) and the Third Money Laundering
Guideline resulted in further expansion of money laundering control.
The United Nations as well as various regional coalitions of states as for
example the Organisation of American States, ASEAN, the Arab League,
the European Union or the Council of Europe have enacted conventions
with the goal to intensify control of terrorism. The first United Nations anti
terrorist convention dates back to 1970 when a convention to protect civil
aviation was enacted. Further United Nations conventions extend to crimes
against staff of embassies, protection of nuclear substances, control of
terrorist acts carried out with explosives and control of money laundering
for the purpose of financing terrorism (1999). The International Convention
for the Supression of Acts of Nuclear Terrorism has been opened for
signature on September 14, 2005. Currently, within the context of the
United Nations, a global convention to control international terrorism is
drafted.
Of particular relevance for international legislation following September 11
certainly are resolutions of the Security Council, in particular Resolution
1373 as of 28. 9. 2001. Resolution 1373 demands from all the member
states of the United Nations to establish such measures that enable
identification of terrorists during the process of immigration, the prevention
of abuse of passports as well as the asylum status for terrorist activities,
demands efficient exchange of information on terrorism as well as efficient
control of financing international terrorist activities. On the basis of the
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