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Thursday, November 25, 2004

Sears: no lip-service

Sears raps 'lip-service' approach to fight against global terrorism

By MINDELL SMALL,Guardian Staff Reporter mindell@nasguard.com

During a second reading of a Bill to affirm The Bahamas' stand in the global fight against terrorism, Attorney General and Minister of Education Alfred Sears, said the country would be merely paying lip-service to international conventions if they were signed but not complied with.

Addressing the House of Assembly Wednesday on a Bill for an act to Implement the United Nations Convention Respecting the Suppression of the Financing of Terrorism, the U.N. Security Council Resolution 1373 on terrorism and generally to make provision for preventing and combating terrorism, Mr Sears stressed the importance of The Bahamas complying with U.N. conventions.

Following the terrorist attacks in the United States on Sept. 11, 2001, the United Nations Security Council adopted Resolution 1373, a wide-ranging measure that called for suppressing terrorist financing and improving international cooperation.

A committee was also appointed to monitor international compliance with the initiative.

The Bahamian Bill was debated in June, 2003 during which the consensus was that wholesale changes were

necessary to streamline the Bill with enacting legislation, in addition to other concerns.

Mr Sears said The Bahamas had already adopted 40 recommendations of the Financial Action Task Force (FATF) relating to the financing of terrorism.

"And I should say that this proposed anti-terrorism legislation, is not a stand-alone piece of legislation. As will become apparent when we analyse the Bill, this legislation is designed to work in conjunction with existing legislation, particularly new legislation passed in 2000," he said.

One of the existing pieces of legislation he was referring was the Proceeds of Crime Act, which gives the police, Customs, and the courts, certain powers in relation to money laundering, the search, seizure and confiscation of the proceeds of crime.

Other supporting pieces of legislation include the Transactions Reporting Act 2003, and the Tax Information Exchange Agreement (TIEA).

These Bills were initially drafted in 2000 to comply with anti-terror, anti-money laundering regulations set by the United States.

Mr Sears also referred to recent amendments made to the Central Bank Act, The Banks and Trust Regulation Act, the International Business Companies and the Dangerous Drug Act, which further assist with anti-terrorism measures.

"All of these Mr Speaker, were strengthened to ensure compliance with the 40 recommendations of the Financial Action task Force," he said.

Focusing on global terrorist networks, the Attorney General said that between 1999 and 2003, the U.N. passed a number of resolutions relating to terrorist financing with the objective being to freeze the funds and other financial resources of the Taliban, Osama Bin Laden and the Al Qaeda organisation.

He added that in 2001, The Bahamas enacted the International Economic Obligation and Ancillary Measures Act.

Accounts freezed

"As result, we were able to authorise financial institutions to freeze the accounts of persons identified on the United Nation's list," Mr Sears said.

He further noted that the Acts should not be seen as legislation that would compromise sovereignty or chill trade unionism.

He then outlined twelve major multilateral conventions and protocols related to states' responsibilities for combating terrorism. The Bahamas is signatory to seven of the twelve, namely:

1. The Convention for the Suppression of unlawful seizure of aircraft, signed on Dec. 16, 1970.

2. The Convention for the Suppression of unlawful acts against the safety of civil aviation, signed at Montreal on Sep. 21, 1971.

3. The Convention on the prevention and punishment of crimes against internationally protected persons including diplomatic agents, adopted by the U.N. General Assembly on Dec 14, 1973.

4. The International Convention against the taking of hostages, adopted by the U.N. General Assembly on Dec 18, 1979.

5. The international Convention for the suppression of the financing of terrorism, adopted by the U.N. General Assembly on Dec 09, 1999.

6. The Inter-American Convention against terrorism adopted at the second session of the Organisation of American States, held on June 03, 1999

7. The Convention on the suppression of terrorism, adopted by the Organisation of American States in 2002.



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