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PRESENTATION TO SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT

PRESENTATION TO SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT. CONSIDERATION BY PARLIAMENT OF PROCLAMATIONS IN TERMS OF SECTION 26 OF THE PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVITIES ACT 2004. SOURCE AND BACKGROUND MATERIAL.

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PRESENTATION TO SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT

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  1. PRESENTATION TO SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT • CONSIDERATION BY PARLIAMENT OF PROCLAMATIONS IN TERMS OF SECTION 26 OF THE PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVITIES ACT 2004

  2. SOURCE AND BACKGROUND MATERIAL • United Nations Website • http://www.un.org/sc/committees/1267/information.shtml • Information on work of Committee • Listing and Delisting • Monitoring • Significance of List

  3. BACKGROUND • UNITED NATIONS SECURITY COUNCIL RESOLUTION 1267/1999 and related Resolutions

  4. CHAPTER VII OF UNITED NATIONS CHARTERhttp://www.un.org/aboutun/charter/

  5. CHAPTER 7 PROVISIONS Article 39 • The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

  6. Article 41 • The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

  7. Article 48 • The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.

  8. RESOLUTION 1267: PARAGRAPH 4 • Traveling ban - aircraft used by Taliban and Al Qaida prohibited to take off or land unless authorised by Committee • Freezing of Taliban/ Al Qaida funds

  9. PARAGRAPH 5 • Established Committee (Counter Terrorism) of the Security Council to: • Collect information with regard to paragraph 4 • Decide on appropriate measures to take • Make reports to Security Council on impact of measures, including humanitarian implications. • Identify where possible persons or entities reported to be engaged in violation of paragraph 4.

  10. PARAGRAPH 8 • Bring proceedings against persons and entities within jurisdiction that violates measures in paragraph 4 • Members must supply information on steps taken as required by the Committee

  11. SOUTH AFRICAENACTED INTERNATIONAL AND REGIONAL OBLIGATIONS • Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 enacted into law all Conventions, Protocols and obligations pertaining to terrorist activities.

  12. LISTING BY COUNTER TERRORISM COMMITTEE OF THE UNITED NATIONS SECURITY COUNCIL (section 25)NOTIFICATION BY PRESIDENT BY PROCLAMATION IN GAZETTE

  13. PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVIES ACT 2004 (ACT NO. 33 OF 2004)25 Notification by President in respect of entities identified by United Nations Security Council The President must, by Proclamation in the Gazette , and other appropriate means of publication, give notice that the Security Council of the United Nations, under Chapter VII of the Charter of the United Nations, has identified a specific entity as being-

  14. PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVIES ACT 2004 (ACT NO. 33 OF 2004) • (a) an entity who commits, or attempts to commit, any terrorist and related activity or participates in or facilitates the commission of any terrorist and related activity; or (b) an entity against whom Member States of the United Nations must take the actions specified in Resolutions of the said Security Council, in order to combat or prevent terrorist and related activities.

  15. LISTINGS • The whole consolidated list of the UN was published on 20 May 2005, and 29 May 2006. • The Proclamations now being considered by the Committee are the full list published 29 May 2006 plus further deletions, insertions or amendments to consolidated list. • Full list not published again, as it is readily available for financial and other institutions on Internet, as published in the respective amendment notes.

  16. FOR INFORMATION • Financial intelligence centre • Banks and other financial institutions • State Departments • Home Affairs • Undesireable/prohibited persons

  17. IMPLEMENTATION, COMPLIANCE AND MONITORING • Interdepartmental Counter-Terrorism Working Group Chaired by Foreign Affairs. • All relevant Departments and Financial Intelligence Centre and Reserve Bank represented.

  18. PARLIAMENTARY SUPERVISION • Proclamations tabled for Parliament’s • consideration • decision • steps • (section 26)

  19. LATEST DEVELOPMENTS • Committee has reviewed its own procedures • Proper guideline developed for listing. • Delisting process put in place. • Nodal point established. Individual can apply directly or through Government to be de-listed.

  20. LEGAL CONSEQUENCES OF LISTING • Section 4 Act 33 of 2004 PROHIBITS IRO • Property: That any person acquires, collects, uses, possesses, owns, provides or makes available, invites a person to provide or make available • Financial service or other service, Economic support: provides or makes available, or invites a person to provide or make available • OR • facilitates the acquisition, collection, use or provision of property, or the provision of any financial or other service, or the provision of economic support • IF

  21. Section 4 Act 33 of 2004 • Intending property, financial or other service or economic support or while such person knows or ought reasonably to have known or suspected such will be used, directly or indirectly, in whole or in part • for the benefit of a specific entity identified in a notice issued by the President under section 25

  22. Section 23 • National Director of Public Prosecution may make ex parte application to a Judge in Chambers to freeze property or prohibiting any person from engaging in any conduct, or obliging any person to cease any conduct, concerning property in respect of which there are reasonable grounds to believe that the property is owned or controlled by or on behalf of, or at the direction of a specific entity identified in a notice issued by the President under section 25

  23. Thank you • Major General PC Jacobs • South African Police Service: • Legal Services

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