India's CFT & United Nations SCRs
The Prevention of Money Laundering Act, 2002 (“PMLA”) Came into force w.e.f. July 01, 2005, was enacted pursuant to India’s international obligations inter alia under
- The Vienna (1971 – NDPS) and Palermo(2000- transnational organized crime) Conventions held by UN,
- The Political Declaration and Global Programme of Action (1990) adopted by the UN General Assembly, and
- To give effect to the recommendations made by the Financial Action Task Force (FATF) for combating money laundering (popularly known as the “Forty Recommendations”).
In
May 2011, the Indian Government ratified two UN Conventions - the United
Nations Convention against Corruption (UNCAC) and the United Nations Convention
against Transnational Organised Crime (UNTOC) and its three protocols.
The November 26, 2008 attacks prompted the Indian government to introduce important new institutions as well as legal mechanisms to fight terrorism. On December 17, 2008, the Indian parliament consented to the creation of the National Investigation Agency, a federal counterterrorism group whose functions would be similar to many of those of the U.S. Federal Bureau of Investigation.
Parliament also approved amendments to the Unlawful Activities (Prevention) Act that incorporated stringent mechanisms to contain and investigate terrorism.
Although myriad comparisons were made
between the September 11, 2001 attacks in the US and those that occurred in
Mumbai, the latter outbreak of terrorism was of a much more-limited scale, in
terms of both casualties and financial implications. The Mumbai attacks did,
however, evoke a similarly strong national and international outcry against
such violence and renewed calls to increase efforts to deal with the menace of
terrorism.
China Blocked US, India Move To List Pakistani Terrorist Abdul Rehman Makki , a US-designated terrorist and the brother-in-law of Lashkar-e-Taiba (LeT) chief and 26/11 mastermind Hafiz Saeed In United Nations[June 18, 2022]
New Delhi and Washington had put a joint proposal to
designate Makki as a global terrorist under the 1267 ISIS and Al Qaeda
Sanctions Committee of the UN Security Council but Beijing placed a hold on
this proposal at the last minute.
Earlier too, China has placed holds
and blocks on bids by India and its allies to list Pakistan-based terrorists.
In May 2019, India had won a huge
diplomatic win at the UN when the global body designated Pakistan-based
Jaish-e-Mohammed chief Masood Azhar as a "global terrorist", a decade
after New Delhi had first approached the world body on the issue.
A veto-wielding permanent member ofthe UN Security Council, China was the only hold-out in the 15-nation body on
the bid to blacklist Masood Azhar, blocking attempts by placing a
"technical hold". All decisions of the committee are taken through
consensus.
In 2009, India had moved a proposal
by itself to designate Masood Azhar. In 2016 again India moved the proposal with
the P3 - the US, the UK and France in the UN's 1267 Sanctions Committee to ban
Masood Azhar, also the mastermind of the attack on the air base in Pathankot in
January 2016.
In 2017, the P3 nations moved a
similar proposal again. However, on all occasions, China, a veto-wielding
permanent member of the UN Security Council, kept blocking India's proposal
from being adopted by the sanctions committee.
Keeping up the
international pressure to designate Masood Azhar as a global terrorist, the US,
supported by France and the UK, had moved a draft resolution directly in the UN
Security Council to blacklist him.
In November 2010,
the US Department of the Treasury had designated Makki as a Specially
Designated Global Terrorist.
As a result of
this designation, among other consequences, all property, and interests in
property, of Makki that are subject to US jurisdiction are blocked, and US
persons are generally prohibited from engaging in any transactions with Makki.
"In addition,
it is a crime to knowingly provide, or attempt or conspire to provide, material
support or resources to the Foreign Terrorist Organisation LeT," the US
said.
The US Department
of State's Rewards for Justice programme is offering a reward of up to USD 2
million for information on Makki, "also known as Abdulrahman Maki. Makki
has occupied various roles within Lashkar-e-Taiba (LeT), a US-designated
Foreign Terrorist Organisation (FTO). He has also played a role in raising
funds for LeT operations."
"In 2020, a Pakistani anti-terrorism court convicted
Makki on one count of terrorism financing and sentenced him to prison. The
United States continues to seek information on Makki because the Pakistani
judicial system has released convicted LeT leaders and operatives in the
past," according to information on the Rewards for Justice website.
India has formally requested that Pakistan extradite the 2008 Mumbai attacks suspect Hafiz Saeed for trial in India, according to New Delhi’s Ministry of External Affairs[29 Dec 2023].
Saeed, who is currently [2023] in custody in Pakistan, co-founded the Lashkar-e-Taiba (LeT) armed group. He is accused by India and the United States of being involved in the attacks on India’s financial hub, which, which killed 166 people.
India has long been asking its neighbour to hand Saeed over to face trial in the case.
Saeed denies any involvement in the 2008 attacks, in which 10 gunmen slipped into Mumbai by boat from Pakistan. The gunmen carried out attacks at city landmarks for days.
Pakistani authorities placed him under house arrest for different periods, accusing him of involvement in armed groups. Saeed was jailed on April 9, 2002, by a Pakistani court for 31 years in connection with “terrorism” financing.
Abdul Rehman Makki was listed on 16 January 2023 pursuant to paragraphs 2 and 4 of resolution 2368 (2017) as being associated with ISIL or Al-Qaida for “participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of”, “recruiting for”, “otherwise supporting acts or activities of”, and “either owned or controlled, directly or indirectly, by, or otherwise supporting” Lashkar-e-Tayyiba (QDe.118).
Happy reading,
Those who read this, also read:
1. Combating Financing Terrorism
3. India's CFT - Programme Implementation
4. Money Laundering Techniques
5. Financial Intelligence Unit (FIU-Ind)
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