《反恐怖融资特别建议》

　　Special Recommendations on Terrorist Financing

　　背景：2001年10月29日至30日，反洗钱金融行动特别工作组在美国华盛顿特区召开了关于恐怖主义融资的特别大会。在这次特别大会上，FATF认识到采取行动打击恐怖主义融资的极端重要性，FATF同意以下八条建议同FATF反洗钱的四十条建议一起，建立起监测、预防和禁止为恐怖主义行动筹集资金的基本网络。这八条建议就称为FATF反恐融资八条建议，包括：1. 批准和执行联合国有关决议；2. 将恐怖主义融资及习惯的洗钱定为犯罪；3. 冻结和没收与恐怖主义有关的资产；4. 举报与恐怖主义有关的可疑交易；5. 国际合作；6. 替代性汇款；7. 电子转账；8. 非盈利组织。

　　Ratification and implementation of UN instruments

　　Each country should take immediate steps to ratify and to implement fully the 1999 United Nations International Convention for the Suppression of the Financing of Terrorism.

　　Countries should also immediately implement the United Nations resolutions relating to the prevention and suppression of the financing of terrorist acts, particularly United Nations Security Council Resolution 1373 [1].

　　Criminalizing the financing of terrorism and associated money laundering

　　Each country should criminalize the financing of terrorism, terrorist acts and terrorist organizations. Countries should ensure that such offences are designated as money laundering predicate offences.

　　Freezing and confiscating terrorist assets

　　Each country should implement measures to freeze without delay funds or other assets of terrorists, those who finance terrorism and terrorist organizations in accordance with the United Nations resolutions relating to the prevention and suppression of the financing of terrorist acts.

　　Each country should also adopt and implement measures, including legislative ones, which would enable the competent authorities to seize and confiscate property that is the proceeds of, or used in, or intended or allocated for use in, the financing of terrorism, terrorist acts or terrorist organizations.

　　Reporting suspicious transactions related to terrorism

　　If financial institutions, or other businesses or entities subject to anti-money laundering obligation, suspect or have reasonable grounds to suspect that funds are linked or related to, or are to be used for terrorism, terrorist acts or by terrorist organizations, they should be required to report promptly their suspicions to the competent authorities.

　　International co-operation

　　Each country should afford another country, on the basis of a treaty, arrangement or other mechanism for mutual legal assistance or information exchange, the greatest possible measure of assistance in connection with criminal, civil enforcement, and administrative investigations, inquiries and proceedings relating to the financing of terrorism, terrorist acts and terrorist organizations.

　　Countries should also take all possible measures to ensure that they do not provide safe havens for individua[FS:PAGE]ls charged with the financing of terrorism, terrorism, terrorist acts or terrorist organizations, and should have procedures in place to extradite, where possible, such individuals.

　　Alternative remittance [2]

　　Each country should take measures to ensure that persons or legal entities, including agents, that provide a service for the transmission of money or value, including transmission through an informal money or value transfer system or network, should be licensed or registered and subject to all the FATF Recommendations that apply to banks and non-bank financial institutions. Each country should ensure that persons or legal entities that carry out this service illegally are subject to administrative, civil or criminal sanctions.

　　Wire transfers

　　Countries should take measures to require financial institutions, institutions, including money remitters, to include accurate and meaningful originator information (name, address and account number) on funds transfers and related messages that are sent, and the information should remain with the transfer or related message through the payment chain.

　　Countries should take measures to ensure that financial institutions, including money remitters, conduct enhanced scrutiny of and monitor for suspicious activity funds transfers which do not contain complete originator information (name, address and account number).

　　Non-profit organizations [3]

　　Countries should review the adequacy of laws and regulations that relate to entities that can be abused for the financing of terrorism. Non-profit organizations are particularly vulnerable, and countries should ensure that they cannot be misused:

　　by terrorist organizations posing as legitimate entities;

　　to exploit legitimate entities as conduits [4] for terrorist financing, including for the purpose of escaping asset freezing measures; and

　　to conceal or obscure the clandestine diversion of funds intended for legitimate purposes to terrorist organizations.

　　9. Cash Couriers [5]

　　Countries should have measures in place to detect the physical cross-border transportation of currency and bearer negotiable instruments, including a declaration

　　system or other disclosure obligation.

　　Countries should ensure that their competent authorities have the legal authority to stop or restrain currency or bearer negotiable instruments that are suspected to be related to terrorist financing or money laundering, or that are falsely declared or disclosed.

　　Countries should ensure that effective, proportionate and dissuasive sanctions are

　　available to deal with persons who make false declaration(s) or disclosure(s). In cases where the currency or bearer negotiable instruments are related to terrorist financing or money laundering, countries should also adopt measures, including legislative ones consistent with Recommendation 3 and Special Recommendation III, which wou[FS:PAGE]ld enable the confiscation of such currency or instruments.