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Terrorism, Risk, and Legislation
the occasion of its meeting on 29./30. 10. 2001 issued special
recommendations for the control of international terrorism which focus in
particular on the expansion of powers of freezing accounts and forfeiture of
assets, on harmonization of criminal offence statutes that deal with
financing international terrorism as well as on the creation and
implementation of anti-money laundering standards in alternative money
transfer systems (e.g. Habalah). In the future, evaluation activities of the
Financial Action Task Force should include also reviews of compliance
with standards established in the field of controlling the funding of terrorist
acts as well as their implementation. This includes recommendations which
sanctions should be imposed on such countries which do not comply with
standards as issued by the FATF (Financial Action Task Force, 2001). On
this point the USA Patriot Act 2001 is also relevant as it provides for
sanctions in case of states which do not disclose information relevant for
money laundering activities to North American investigators (Mello, 2002,
p. 382).
Basics of National Anti-Terrorism Legislation after
September 11
Incrimination of Participation at or Support of a Terrorist
Organization
Post-September 11 th legislation is characterized first of all by the creation of
new criminal offence statutes and increased penalties. Already in the UN-
Convention on transnational organized crime of 2000, a new offence statute
penalizing membership in a criminal organization has been outlined and
demanded for (Albrecht/Fijnaut, 2002). The European Union has voiced a
need for corresponding plans (Militello/Huber, 2001) as has the Council of
Europe in its Recommendation (Rec(2001)11) of the Committee of
Ministers to member states concerning guiding principles on the fight
against organised crime. With that, a basis for harmonization of criminal
offence statutes has been created which in German criminal law e.g. are
available in terms of section 129 (criminal organization) as well as
section 129a (terrorist organization). Such criminal offence statutes shall
facilitate criminal prosecution and cover typical precursor behaviour which
can be of particular relevance if a criminal offence is established not only
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