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Terrorist Entities and Financing Te

Terrorist Entities and Financing Terrorism
Presidential Decree-Law No. 8 of 2015 was published on 17 February 2015, announcing provisions on terrorists and terrorist entities (the "Law").[1] The Law provides expansive definitions of the terms ‘terrorist entity’, ‘terrorist’, ‘funds’, and ‘financing’ thereof. For example, terrorist entities can comprise associations, organisations,, criminal gangs, terrorists groups, or other groups, regardless of their legal status or form, if they commit a broad list of acts, or if they are created for the purpose of instigating or encouraging these acts. The threat of the new Law lies in the very wide range of activities it covers. An entity that performs any one of them may become liable to being deemed a “terrorist entity”. These activities include harming the environment, antiquities, communications, transportation, public or private property, or preventing or hampering the authorities in carrying out their duties, or infringing on the rights of any citizen or harming public peace, national security or national unity. The definition further states that it will apply to such entities even if the acts they intend to perform are not directed against Egypt. Aside from how the new Law will be applied, it is of crucial importance to note that the expansive definition fails to qualify the undertaking of such acts with having a terrorist motive, or a purpose of terrorizing the public or even of destabilizing or influencing the government. The new Law also provides a definition of who it considers a “terrorist”, stipulating that a terrorist is a natural person who engages or incites or threatens to carry out crimes of terrorism. While there is no definition of crimes of terrorism in the new Law, it makes a general reference to the Penal Code, which in turn provides a more concise definition in Section 88 of what it considers a crime of terrorism. There is uncertainty though whether the Penal Code’s definition will apply, or whether a crime of terrorism within the meaning of the new Law refers to the extremely wide net of activities mentioned in the definition of a terrorism entity. The definition of a “terrorist” also applies to a natural person who manages or is a member of any of the terrorist entities mentioned above. The new Law also provides a definition for financing terrorism, which covers a range of financial acts, direct or indirect, that are commited for the purpose of or with the knowledge of being used to finance terrorist crimes. It is to be noted here, however, that it remains unclear whether “terrorist crimes” refers to the expansive list mentioned in the definition of “terrorist entities” or whether it is only related to the definition of terrorism in the Egyptian Penal Code. The new Law provides for the creation of two new lists, one for terrorists and another for terrorist entities, to be produced by the Prosecutor-General’s office, and details the ways in which terrorists and terrorist entities will be listed and delisted from those lists. The measures to be taken against entities and persons and entities listed in the lists are set out in Article 7 of the Decree. With regards to terrorist entities, such measures will include the following:
  1. Prohibiting the terrorist entity and halting all its activities;
  2. Closure of the entity’s properties, and prohibiting assembly of the entity;
  3. Prohibiting the financing or acquisition of assets whether directly or indirectly;
  4. Freezing all assets of the entity or its members;
  5. Prohibition to join the entity, call for new members, or display its insignia.
With regards to terrorists:
  1. Prohibition of travel and listing on the list of terrorists;
  2. Confiscation or cancellation of the terrorist’s passport, and refusal to provide a new one;
  3. Ensuring the terrorist’s reputation is well-known, in order to prohibit them from occupations, public sector work, or standing for public office;
  4. Freezing of all assets used to facilitate terrorist activity.
Finally, the Decree concludes with a provision stating that in the field of combatting terrorism, all the judicial authorities and Egyptian agencies tasked with terrorism matters will cooperate with its foreign counterpart in the exchange of information, support, and judicial measures. These may include the extradition of terrorists to their home country to face prosecutionand the restitution of assets and funds used to fund terrorism.
Conclusion
The new Law publicly referred to as the Terrorist Entities’ Law casts a very wide net over what should be considered as acts of terrorism. While the Law attempts in part to deal with the highly complex nature of modern-day terrorism and the highly sophisticated and elusive nature of entities that carry out or support or finance terrorism, the overbroad and vague approach of the Law threatens to have a chilling effect. The Law fails to explain why some acts that are deemed minor offences, such as harming the environment, and others that are deemed ordinary crimes, such as harming individuals, should make an entity liable to be listed in a terrorism list, and potentially suffer grave consequences. The Law effectively gives sweeping powers to the Prosecutor General in countering these acts, by allowing him to hold the threat of applying to the courts for enlisting suspicious entities and persons in terrorism lists. It should be noted that these lists are termed terrorism lists although it will include persons and entities who have not been convicted, and, in many cases, who may not even be charged or tried. The Law also fails to connect the financing related provisions with the more detailed Money Laundering Law,[2] which is intended to deal with money laundering as well as terrorism financing, and the Law’s most recent amendment in 2014.[3] In a similar vein, while the new Terrorist Entities Law does make a general reference to international agreements related to the suppression of the financing of terrorism, it fails to specifically mention or consider the 1999 United Nations International Convention for the Suppression of the Financing of Terrorism, which qualifies its definition of such financing by requiring the financier to intend or at least know that such financing will be used to cause death or serious bodily injury to a civilian, and that such act must be done for the purpose of intimidating a population or compelling a government of international organization to do any act.[4] The drafting of the new Law seems to also suffer from some flaws. Although the Law provides a definition of what it means by “financing”, it fails to mention the act of “financing” terrorism in the definition of “terrorist entities” and instead only mentions it in the definition of “terrorist”.   [1] Presidential Decree-Law No. 8/2015 regulating the Registries for Terrorist Entities and Terrorists, Official Gazette, Issue No. 7 bis (g), 17 February 2015. [2] Law No. 80/2002 on the Prevention of Money Laundering, Official Gazette, Issue No. 20 (bis), 22 May 2002. [3] Presidential Decree-Law No. 36/2014 amending certain provisions of the Law on the Prevention of Money Laundering, Official Gazette, Issue No. 20 (bis) (a), 15 May 2014. [4] UN General Assembly, International Convention for the Suppression of the Financing of Terrorism, 9 December 1999, No. 38349, available through this link.
Presidential Decree-Law No. 8 of 2015 was published on 17 February 2015, announcing provisions on terrorists and terrorist entities (the "Law").[1] The Law provides expansive definitions of the terms ‘terrorist entity’, ‘terrorist’, ‘funds’, and ‘financing’ thereof. For example, terrorist entities can comprise associations, organisations,, criminal gangs, terrorists groups, or other groups, regardless of their legal status or form, if they commit a broad list of acts, or if they are created for the purpose of instigating or encouraging these acts. The threat of the new Law lies in the very wide range of activities it covers. An entity that performs any one of them may become liable to being deemed a “terrorist entity”. These activities include harming the environment, antiquities, communications, transportation, public or private property, or preventing or hampering the authorities in carrying out their duties, or infringing on the rights of any citizen or harming public peace, national security or national unity. The definition further states that it will apply to such entities even if the acts they intend to perform are not directed against Egypt. Aside from how the new Law will be applied, it is of crucial importance to note that the expansive definition fails to qualify the undertaking of such acts with having a terrorist motive, or a purpose of terrorizing the public or even of destabilizing or influencing the government. The new Law also provides a definition of who it considers a “terrorist”, stipulating that a terrorist is a natural person who engages or incites or threatens to carry out crimes of terrorism. While there is no definition of crimes of terrorism in the new Law, it makes a general reference to the Penal Code, which in turn provides a more concise definition in Section 88 of what it considers a crime of terrorism. There is uncertainty though whether the Penal Code’s definition will apply, or whether a crime of terrorism within the meaning of the new Law refers to the extremely wide net of activities mentioned in the definition of a terrorism entity. The definition of a “terrorist” also applies to a natural person who manages or is a member of any of the terrorist entities mentioned above. The new Law also provides a definition for financing terrorism, which covers a range of financial acts, direct or indirect, that are commited for the purpose of or with the knowledge of being used to finance terrorist crimes. It is to be noted here, however, that it remains unclear whether “terrorist crimes” refers to the expansive list mentioned in the definition of “terrorist entities” or whether it is only related to the definition of terrorism in the Egyptian Penal Code. The new Law provides for the creation of two new lists, one for terrorists and another for terrorist entities, to be produced by the Prosecutor-General’s office, and details the ways in which terrorists and terrorist entities will be listed and delisted from those lists. The measures to be taken against entities and persons and entities listed in the lists are set out in Article 7 of the Decree. With regards to terrorist entities, such measures will include the following:
  1. Prohibiting the terrorist entity and halting all its activities;
  2. Closure of the entity’s properties, and prohibiting assembly of the entity;
  3. Prohibiting the financing or acquisition of assets whether directly or indirectly;
  4. Freezing all assets of the entity or its members;
  5. Prohibition to join the entity, call for new members, or display its insignia.
With regards to terrorists:
  1. Prohibition of travel and listing on the list of terrorists;
  2. Confiscation or cancellation of the terrorist’s passport, and refusal to provide a new one;
  3. Ensuring the terrorist’s reputation is well-known, in order to prohibit them from occupations, public sector work, or standing for public office;
  4. Freezing of all assets used to facilitate terrorist activity.
Finally, the Decree concludes with a provision stating that in the field of combatting terrorism, all the judicial authorities and Egyptian agencies tasked with terrorism matters will cooperate with its foreign counterpart in the exchange of information, support, and judicial measures. These may include the extradition of terrorists to their home country to face prosecutionand the restitution of assets and funds used to fund terrorism.
Conclusion
The new Law publicly referred to as the Terrorist Entities’ Law casts a very wide net over what should be considered as acts of terrorism. While the Law attempts in part to deal with the highly complex nature of modern-day terrorism and the highly sophisticated and elusive nature of entities that carry out or support or finance terrorism, the overbroad and vague approach of the Law threatens to have a chilling effect. The Law fails to explain why some acts that are deemed minor offences, such as harming the environment, and others that are deemed ordinary crimes, such as harming individuals, should make an entity liable to be listed in a terrorism list, and potentially suffer grave consequences. The Law effectively gives sweeping powers to the Prosecutor General in countering these acts, by allowing him to hold the threat of applying to the courts for enlisting suspicious entities and persons in terrorism lists. It should be noted that these lists are termed terrorism lists although it will include persons and entities who have not been convicted, and, in many cases, who may not even be charged or tried. The Law also fails to connect the financing related provisions with the more detailed Money Laundering Law,[2] which is intended to deal with money laundering as well as terrorism financing, and the Law’s most recent amendment in 2014.[3] In a similar vein, while the new Terrorist Entities Law does make a general reference to international agreements related to the suppression of the financing of terrorism, it fails to specifically mention or consider the 1999 United Nations International Convention for the Suppression of the Financing of Terrorism, which qualifies its definition of such financing by requiring the financier to intend or at least know that such financing will be used to cause death or serious bodily injury to a civilian, and that such act must be done for the purpose of intimidating a population or compelling a government of international organization to do any act.[4] The drafting of the new Law seems to also suffer from some flaws. Although the Law provides a definition of what it means by “financing”, it fails to mention the act of “financing” terrorism in the definition of “terrorist entities” and instead only mentions it in the definition of “terrorist”.   [1] Presidential Decree-Law No. 8/2015 regulating the Registries for Terrorist Entities and Terrorists, Official Gazette, Issue No. 7 bis (g), 17 February 2015. [2] Law No. 80/2002 on the Prevention of Money Laundering, Official Gazette, Issue No. 20 (bis), 22 May 2002. [3] Presidential Decree-Law No. 36/2014 amending certain provisions of the Law on the Prevention of Money Laundering, Official Gazette, Issue No. 20 (bis) (a), 15 May 2014. [4] UN General Assembly, International Convention for the Suppression of the Financing of Terrorism, 9 December 1999, No. 38349, available through this link.