CTED has published its third annual thematic summary assessment of gaps in implementing key countering the financing of terrorism provisions of Security Council resolutions.
In its previous assessments issued in 2021 and 2022, CTED noted that investigating and prosecuting terrorism financing remained challenging on many levels, from technical expertise to international and inter-agency cooperation. This latest assessment focuses entirely on gaps identified in the context of investigating and prosecuting terrorism financing (TF).
The report emphasizes that failing to ensure that the offence is investigated and prosecuted effectively and in a timely manner 每 while ensuring full compliance with international law 每 renders even perfectly compliant legislation a ※dead letter§ and falls short of States＊ obligation to bring terrorists and their financers to justice.
The report recognizes that in some circumstances criminal prosecution may not be the most appropriate disruptive measure, and that the investigating authority should have the necessary discretion in determining whether prosecution or other alternative measures are most effective in a particular case. It does, however, also stress the importance of ensuring that the overall number of TF investigations and prosecutions are commensurate with a State＊s risk profile 每 especially when national and/or sectoral risk assessments point to frequent and diverse TF occurrences, including in relation to the travel of foreign terrorist fighters (FTFs).
Among the most recurrent gaps in this area, CTED notes the need to establish or clarify legal frameworks, including policies or standard operating procedures, for mandatory parallel financial investigations in every terrorism case, including in relation to FTFs. States also need to continue to improve their procedures or practices that would ensure a strategic and systematic approach to identifying possible nexus between other forms of crime, including human trafficking, and TF. Formal frameworks are also often missing for public-private partnerships on CFT matters. There remains the need to further strengthen international cooperation when investigating and prosecuting TF. Finally, in many States, authorities face resource constraints, whether budgetary or logistical. TF investigations and prosecutions require specialized knowledge and expertise, especially in light of rapid technological developments in the methods used for TF and in the tools available to detect and disrupt such activity.
The report was prepared based on, in particular, the outcomes of eight assessment visits conducted by CTED on behalf of the Counter-Terrorism Committee in 2023, and FATF/FSRB mutual evaluation reports and follow-up reports published during that year. It also incorporates the information gathered through CTED＊s ongoing analysis of TF trends and threats, and CFT-related events organized or attended by CTED throughout the year (including its participation in relevant FATF analytical projects).
In compliance with resolution 2462 (2019), this assessment has been transmitted to the 51勛圖 Office on Counter Terrorism (UNOCT), through the Counter-Terrorism Committee, for the purpose of designing targeted technical assistance and capacity-building efforts.
A brief overview of the reports are available here, while the full 2023 report is available here