Consultation Forum on Funding of Terrorism

[jamescfm]

Mr. Kis Vilmos, General-Secretary of the World Congress:

The purpose of this forum is to consider the draft resolution proposed by the Kazulian delegation, based on Resolution 89. The full text of the initial draft is attached.

The Security Council

Reaffirming: that terrorism in all shapes and figures constitutes one of the greatest threats to international peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever, wherever and by whomsoever committed.

Noting: with grave concern that organised criminal elements and terrorist groups raise funds through a variety of means, which include but are not limited to abuse of legitimate commercial enterprise, exploitation of natural resources, abuse of non-profit organizations, donations, crowdfunding and proceeds of criminal activity, including but not limited to: kidnapping for ransom, extortion, the illicit trade and trafficking in cultural property, trafficking in persons, including for the purpose of sexual exploitation, drug trafficking and the illicit trade in small arms and light weapons

Recognizing: that innovations in financial technologies, products and services may offer significant economic opportunities but also present a risk of being misused, including for terrorist financing.

Reminding: all States of their obligation to ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice and ensure that, in add ition to any other measures against them, such terrorist acts are established as serious criminal offences in domestic laws and regulations and that the punishment duly reflects the seriousness of such terrorist acts.

Does hereby moves to implement measures in support and maintenance of international peace and security through the pathways of mutual cooperation and understanding.

The Security Council issues the following mandate,

- that the facilitation of financing of terrorist and organised criminal elements in any capacity, through any entity might they be individual or stately, direct or indirect, is prohibited and can carry punishments ranging from condemnation to economic sanctions, based on the analysis of the security council.

- that states criminalize the wilful provision or collection, by any means, directly or indirectly, of funds by their nationals or in their territories with the intention that the funds should be used, or in the knowledge that they are to be used, in order to carry out terrorist and/or criminal acts.

- that states freeze without delay funds and other financial assets or economic resources of persons who commit, or attempt to commit, terrorist and/or criminal acts or participate in or facilitate the commission of terrorist and/or criminal acts; of entities owned or controlled directly or indirectly by such persons; and of persons and entities acting on behalf of, or at the direction of such persons and entities, including funds derived or generated from property owned or controlled directly or indirectly by such persons and associated persons and entities.

- that the World Congress establish the World Congress Financial Action Office (WCFAO) which shall exist with the intention of (i) investigating instances of terrorist financing and money-laundering (ii) have the power to recommend to the Security Council, provisions aimed at combating terrorist financing and money-laundering (iii) establish standards which shall judge whether a nation is compliant with anti-money laundering and counter-terrorist financing procedures (subject to the approval of the Security Council and the General Assembly) and (iv) assist national governments in ensuring that their respective nations have met pre-existing standards to be recognised as being compliant.

- that nations exchange information in accordance with international and domestic law and cooperate on administrative and judicial matters to prevent the commission of terrorist financing and money-laundering through the World Congress Financial Action Office.

[Maxington]

Mr. Zakarias Westermarck, Kazulian Ambassador to the World Congress

The Kingdom of Kazulia would like to thank the Secretariat for its response and we hope that these consultations bear fruit.

In treating with the definition of terrorism we seek to introduce an amendment as follows:
Recognising: that pursuant to deliberation, terrorism shall be defined as any act(s), which may seriously damage a country or an international organisation where committed with the aim of seriously intimidating a population; or unduly compelling a Government or international organisation to perform or abstain from performing any act; or seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation.

With respect to "criminal element" we seek to introduce an amendment as follows:
Replace criminal elements with criminal organisations, thus the mandate for example will read: that the facilitation of financing of terrorism and organised criminal organisations in any capacity.

[Doc]

Fredrika Nara, Temporary Diplomat From Enskalan Estatua

The Republic of Kalistan proposes an amendment to the bill under discussion.

Motion: to Substitute entire text of the current bill, and replace current language with the following language.

Given that the World Congress serves the interests of the Major Powers of Terra, and underscores this position by limiting binding resolutions to the Security Council, upon which sits unelected large powers in possession of perpetual membership and veto, therefore, be it resolved

1. That the section in the World Congress Charter be amended to eliminate all language referring to the Security Council, and

2. That full voting rights to create binding resolutions be written into the General Assembly section of the Charter, and

3. No state shall possess a veto in the General Assembly, permanent or otherwise, and

4. All resolutions shall only pass with 2/3rds of the total number of all member states possible voting for the resolution, while abstentions are counted as "no" for purposes of vote tallying.

I yield.

[Maxington]

Mr. Zakarias Westermarck, Kazulian Ambassador to the World Congress

I'm not sure where the representative from Kalistan has gone with these amendments as they do not treat with the draft resolution before us. I'd ask for the representative to maybe expand on her explanation and to put them in the context of the draft resolution before us.

[Maxington]

Mr. Zakarias Westermarck, Kazulian Ambassador to the World Congress

We bring as a potential amendment for the consideration of these deliberations that the definition of terrorism should read as follows:- Terrorism is the systematic and deliberate use or threat of use of violence to influence behaviour or policy.

We ask that members in considering the above definition and decide whether it should be accepted or whether the definition as originally circulated be taken instead.

I'd like to remind representatives that there is nothing stopping any member from bringing their own amendments.

[jamescfm]

Mr. Kis Vilmos, General-Secretary of the World Congress:

As a point of reference, this consultation forum is open to all parties involved in the World Congress- not only to members of the Security Council.

[Liu Che/Zhuli]

Kang Qigang, Yingdalan Ambassador to the World Congress

Yingdala prefers the Kazulian amendment to the definition of terrorism. Terror should evoke violence. The definition in the resolution is far too broad. Even a remark against a state or organization could be viewed as terrorism, let alone other nonviolent actions like a peaceful protest.

Additionally, we have an issue with point three. It says that states should freeze, etc. without delay. We believe that it should say "if an investigation has been conducted and evidence exists to support the notion that an entity is engaged in financing acts of terrorism and/or terrorist organizations, then..." This will eliminate unjust asset freezes and ensure the rule of law and rights of citizens are respected.

[LC73]

Alma Cornut, Likatonian WC Representative

I agree with the representative from Yingdala in terms of the freezing of assets. The WC should not force a country to stop its entire economy before investigating if the group in question is a terrorist organisation. However, Likatonia likes the idea of the WCFAO and I think that a specific body to check finacial matters will definitely help Terra prosper.

[Maxington]

Mr. Zakarias Westermarck, Kazulian Ambassador to the World Congress

We thank the representative from Yingdala for their input. We intend on taking on both their recommendations. To this extent, the definition of terrorism shall read:

Recognising: that pursuant to deliberation, terrorism shall be defined as violence and/or an act of violence, which may seriously damage a country or an international organisation where committed with the aim of seriously intimidating a population; or unduly compelling a Government or international organisation to perform or abstain from performing any act; or seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation.

In accepting the amendment of the representatives from Yingdala the reference to economic sanctions shall read:

that states freeze without delay funds and other financial assets or economic resources of persons who commit, or attempt to commit, terrorist and/or criminal acts or participate in or facilitate the commission of terrorist and/or criminal acts; of entities owned or controlled directly or indirectly by such persons; and of persons and entities acting on behalf of, or at the direction of such persons and entities, including funds derived or generated from property owned or controlled directly or indirectly by such persons and associated persons and entities, upon an investigation by the World Congress Financial Action Office (WCFAO) which confirms that a party/entity has committed an act/acts as mentioned prior.

[Liu Che/Zhuli]

Kang Qigang, Yingdalan Ambassador to the World Congress

We thank His Excellency the Kazulian Ambassador for his flexibility and constructiveness.