The Act under review gives the Treasury power to freeze the assets of individuals and groups thought to be involved in terrorism, whether in the UK or abroad, and to deprive them of access to financial resources. It implements UN Security Council Resolution 1373 and is one of a number of measures at the Government's disposal for preventing the financing of terrorism. At the end of the review period in September 2011: 30 individuals and 8 groups were designated by the Treasury under the Act. This is much reduced from the figure in previous years, owing largely to the removal of duplicate designations. Each of the designated groups had been listed since 2001, as had some of the designated individuals. No individual or group was designated during the review period. No individual or group associated with Northern Ireland was designated, despite continuing terrorist activity there. The prohibitions in the Act applied also to 22 individuals and 25 groups listed by the EU under Regulation 2580/2001. The total quantity of assets frozen, taking the Treasury and EU lists together, was some £100,000. Many of those designated had few if any assets in the United Kingdom. These and other facts make TAFA 2010 is an ancillary rather than a central part of the fight against terrorism. A number of conclusions and recommendations are set out in sections 10 and 11

The Palgrave Handbook of Criminal and Terrorism Financing Law focuses on how criminal and terrorist assets pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. In response to the funds generated by or for organised crime and transnational terrorism, strategies have been elaborated at national, regional, and international levels for laws, organisations and procedures, and economic systems. Reflecting on these strands, this handbook brings together leading experts from different jurisdictions across Europe, America, Asia, and Africa and from different disciplines, including law, criminology, political science, international studies, and business. The authors examine the institutional and legal responses, set within the context of both policy and practice, with a view to critiquing these actions on the grounds of effective delivery and compliance with legality and rights. In addition, the book draws upon the experiences of the many senior practitioners and policy-makers who participated in the research project which was funded by a major Arts and Humanities Research Council grant. This comprehensive collection is a must-read for academics and practitioners alike with an interest in money laundering, terrorism financing, security, and international relations.

This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.

On September 11, 2001, 19 terrorists committed the largest and deadliest terrorist attack in the United States of America. The response from the inter-national community, and in particular the US, was swift. President George Bush declared what has commonly been referred to as either the ‘War on Terror’ or the ‘Global War on Terror’ on September 20, 2001. Four days later, he instigated the ‘Financial War on Terrorism’. This book defines and identifies the so-called ‘Financial War on Terrorism’. It provides a critical review of the impact of counter-terrorist financing strategies enacted by both individual jurisdictions and international organisations. Taking a comparative approach, the book highlights the levels of compliance in each selected jurisdiction and organisation with the requirements of the ‘Financial War on Terrorism’. The book analyses measures introduced by the United Nations, including the UN sanctions against terrorists and the operation of its anti-terrorist sanctions committees, and the Recommendations of the Financial Action Task Force. It also reviews the counter-terrorist financing measures of the European Union and the Council of Europe, paying particular attention to the Framework Decisions on Combating Terrorism, the Council Common Positions on Combating Terrorism and the EU Anti-Terrorism Sanctions Regime. The book goes on to review the measures put in place in the US following September 11, 2001. Offering a much-needed legal analysis of the measures enacted under the ‘Financial War on Terrorism’, this book is a valuable resource for those researching in law, terrorism studies, criminal justice, and finance.

Control orders were preventative measures, intended to protect members of the public from the risk of terrorism by imposing restraints on those suspected of involvement in terrorism-related activity. They have now been replaced with Terrorism Prevention and Investigation Measures (TPIMs). Control orders were made against 52 people over the lifetime of the Prevention of Terrorism Act 2005. All were men, suspected of involvement in Islamist terrorism. The duration of the orders was between a few months to more than four-and-a-half years. At the start of the control order regime in 2005, all controlled persons were foreign nationals. By the end of 2011, all were British citizens. The publication is divided into seven chapters with ten annexes: Chapter 1: Introduction; Chapter 2: Control orders in context; Chapter 3: How the system worked; Chapter 4: Use of control orders in 2011; Chapter 5: Terrorism prevention and investigation measures; Chapter 6: Conclusions; Chapter 7: Recommendation.

The last twenty years have seen an unprecedented rise in the use of secret courts or ‘closed material proceedings’ largely brought about in response to the need to protect intelligence sources in the fight against terrorism. This has called into question the commitment of legal systems to long-cherished principles of adversarial justice and due process. Foremost among the measures designed to minimise the prejudice caused to parties who have been excluded from such proceedings has been the use of ‘special advocates’ who are given access to sensitive national security material and can make representations to the court on behalf of excluded parties. Special advocates are now deployed across a range of administrative, civil and criminal proceedings in many common law jurisdictions including the UK, Canada, New Zealand, Hong Kong and Australia. This book analyses the professional services special advocates offer across a range of different types of closed proceedings. Drawing on extensive interviews with special advocates and with lawyers and judges who have worked with them, the book examines the manner in which special advocates are appointed and supported, how their position differs from that of ordinary counsel within the adversarial system, and the challenges they face in the work that they do. Comparisons are made between different special advocate systems and with other models of security-cleared counsel, including that used in the United States, to consider what changes might be made to strengthen their adversarial role in closed proceedings. In making an assessment of the future of special advocacy, the book argues that there is a need to reconceptualise the unique role that special advocates play in the administration of justice.

This book blends doctrinal and empirical research to examine the phenomenon of counter-terrorism financing at the level of both international and Iranian national law. The work discusses the legitimacy, fairness and effectiveness of the international counter-terrorism financing framework, and then examines to what extent Iran has implemented it. The main focuses of the book are on the criminalisation of terrorism financing; financial regulations as preventive measures applied to the sectors at risk of terrorism financing, including the formal financial system, the informal financial system and the non-profit organisations; and the international and unilateral sanctions imposed on individuals and entities who support terrorist acts, terrorists and terrorist organisations. Given that terrorism and terrorism financing are socio-legal, political and economic phenomena in nature, the book approaches the problem of terrorism financing from an interdisciplinary perspective, exploring the relationship between the characteristics of Iran as a state recognised for supporting non-state militant actors (NSMAs), some of which are designated as terrorist by some countries. Empirical research includes documentary fieldwork in Iran, with the collection of original and primary materials that have not previously been analysed. The book also adopts a policy transfer approach, using the rules and regulations of the United Kingdom. Presenting a non-Western perspective on counter-terrorism financing, the book will be essential reading for students, researchers and policy-makers working in the area of financial crime.