PRESENTATION TO SELECT PRESENTATION TO SELECT COMMITTEE ON SECURITY COMMITTEE ON SECURITY

AND CONSTITUTIONAL AND CONSTITUTIONAL DEVELOPMENTDEVELOPMENT

CONSIDERATION BY PARLIAMENT OF CONSIDERATION BY PARLIAMENT OF PROCLAMATIONS IN TERMS OF SECTION PROCLAMATIONS IN TERMS OF SECTION 26 OF THE PROTECTION OF 26 OF THE PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVITIES ACT TERRORIST AND RELATED ACTIVITIES ACT 20042004

SOURCE AND BACKGROUND SOURCE AND BACKGROUND MATERIALMATERIAL

United Nations WebsiteUnited Nations Website http://www.un.org/sc/committees/12http://www.un.org/sc/committees/12

67/information.shtml67/information.shtml Information on work of CommitteeInformation on work of Committee Listing and DelistingListing and Delisting MonitoringMonitoring Significance of ListSignificance of List

BACKGROUNDBACKGROUND

UNITED NATIONS SECURITY UNITED NATIONS SECURITY COUNCIL RESOLUTION COUNCIL RESOLUTION 1267/1999 and related 1267/1999 and related ResolutionsResolutions

CHAPTER VII OF CHAPTER VII OF UNITED NATIONS UNITED NATIONS

CHARTERCHARTERhttp://www.un.org/aboutun/charter/http://www.un.org/aboutun/charter/

CHAPTER 7 PROVISIONSCHAPTER 7 PROVISIONS

Article 39 Article 39 The Security Council shall The Security Council shall

determine the existence of any determine the existence of any threat to the peace, breach of the threat to the peace, breach of the peace, or act of aggression and peace, or act of aggression and shall make recommendations, or shall make recommendations, or decide what measures shall be decide what measures shall be taken in accordance with Articles taken in accordance with Articles 41 and 42, to maintain or restore 41 and 42, to maintain or restore international peace and security.international peace and security.

Article 41Article 41

The Security Council may decide what The Security Council may decide what measures not involving the use of armed measures not involving the use of armed force are to be employed to give effect to its force are to be employed to give effect to its decisions, and it may call upon the Members decisions, and it may call upon the Members of the United Nations to apply such of the United Nations to apply such measures. These may measures. These may include complete or partial interruption of include complete or partial interruption of economic relations and of rail, sea, air, economic relations and of rail, sea, air, postal, telegraphic, radio, and other means postal, telegraphic, radio, and other means of communication, and the severance of of communication, and the severance of diplomatic relations.diplomatic relations.

Article 48Article 48 The action required to carry out the The action required to carry out the

decisions of the Security Council for decisions of the Security Council for the maintenance of international the maintenance of international peace and security shall be taken by peace and security shall be taken by all the Members of the United Nations all the Members of the United Nations or by some of them, as the Security or by some of them, as the Security Council may determine. Council may determine. Such decisions shall be carried out by Such decisions shall be carried out by the Members of the United Nations the Members of the United Nations directly and through their action in the directly and through their action in the appropriate international agencies of appropriate international agencies of which they are members. which they are members.

RESOLUTION 1267: RESOLUTION 1267: PARAGRAPH 4PARAGRAPH 4

Traveling ban - aircraft used by Traveling ban - aircraft used by Taliban and Al Qaida prohibited to Taliban and Al Qaida prohibited to take off or land unless authorised take off or land unless authorised by Committeeby Committee

Freezing of Taliban/ Al Qaida Freezing of Taliban/ Al Qaida fundsfunds

PARAGRAPH 5PARAGRAPH 5

Established Committee (Counter Terrorism) of the Established Committee (Counter Terrorism) of the Security Council to:Security Council to:

• Collect information with regard to Collect information with regard to paragraph 4paragraph 4

Decide on appropriate measures to takeDecide on appropriate measures to take Make reports to Security Council on impact Make reports to Security Council on impact

of measures, including humanitarian of measures, including humanitarian implications. implications.

Identify where possible persons or entities Identify where possible persons or entities reported to be engaged in violation of reported to be engaged in violation of paragraph 4. paragraph 4.

PARAGRAPH 8PARAGRAPH 8

Bring proceedings against persons Bring proceedings against persons and entities within jurisdiction that and entities within jurisdiction that violates measures in paragraph 4violates measures in paragraph 4

Members must supply information on Members must supply information on steps taken as required by the steps taken as required by the CommitteeCommittee

SOUTH AFRICASOUTH AFRICAENACTED INTERNATIONAL ENACTED INTERNATIONAL

AND REGIONAL OBLIGATIONSAND REGIONAL OBLIGATIONS

Protection of Constitutional Protection of Constitutional Democracy against Terrorist and Democracy against Terrorist and Related Activities Act, 2004 Related Activities Act, 2004 enacted into law all Conventions, enacted into law all Conventions, Protocols and obligations Protocols and obligations pertaining to terrorist activities.pertaining to terrorist activities.

LISTING BY COUNTER LISTING BY COUNTER TERRORISM COMMITTEE OF TERRORISM COMMITTEE OF

THE UNITED NATIONS THE UNITED NATIONS SECURITY COUNCILSECURITY COUNCIL

(section 25) (section 25)

NOTIFICATION BY PRESIDENT NOTIFICATION BY PRESIDENT BY PROCLAMATION IN BY PROCLAMATION IN

GAZETTEGAZETTE

PROTECTION OF CONSTITUTIONAL DEMOCRACY PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVIES ACT AGAINST TERRORIST AND RELATED ACTIVIES ACT

2004 2004 (ACT NO. 33 OF 2004)(ACT NO. 33 OF 2004)

2525 Notification by President in respect of Notification by President in respect of entities identified by United Nations Security entities identified by United Nations Security

Council Council The President must, by Proclamation in the The President must, by Proclamation in the Gazette , and other appropriate means of Gazette , and other appropriate means of publication, give notice that the Security publication, give notice that the Security

Council of the United Nations, under Chapter Council of the United Nations, under Chapter VII of the Charter of the United Nations, has VII of the Charter of the United Nations, has

identified a specific entity as being-identified a specific entity as being-

PROTECTION OF CONSTITUTIONAL PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND DEMOCRACY AGAINST TERRORIST AND

RELATED ACTIVIES ACT 2004 RELATED ACTIVIES ACT 2004 (ACT NO. 33 OF 2004)(ACT NO. 33 OF 2004)

(a)(a) an entity who commits, or attempts to an entity who commits, or attempts to commit, any terrorist and related activity or commit, any terrorist and related activity or participates in or facilitates the commission of participates in or facilitates the commission of any terrorist and related activity; or any terrorist and related activity; or (b)(b) an entity against whom Member States an entity against whom Member States of the United Nations must take the actions of the United Nations must take the actions specified in Resolutions of the said Security specified in Resolutions of the said Security Council, in order to combat or prevent terrorist Council, in order to combat or prevent terrorist and related activities.and related activities.

LISTINGSLISTINGS The whole consolidated list of the UN was The whole consolidated list of the UN was

published on 20 May 2005, and 29 May published on 20 May 2005, and 29 May 2006.2006.

The Proclamations now being considered The Proclamations now being considered by the Committee are the full list by the Committee are the full list published 29 May 2006 plus further published 29 May 2006 plus further deletions, insertions or amendments to deletions, insertions or amendments to consolidated list. consolidated list.

Full list not published again, as it is readily Full list not published again, as it is readily available for financial and other available for financial and other institutions on Internet, as published in the institutions on Internet, as published in the respective amendment notes.respective amendment notes.

FOR INFORMATIONFOR INFORMATION Financial intelligence centreFinancial intelligence centre

• Banks and other financial institutionsBanks and other financial institutions State Departments State Departments

• Home AffairsHome AffairsUndesireable/prohibited personsUndesireable/prohibited persons

IMPLEMENTATION, IMPLEMENTATION, COMPLIANCE AND MONITORINGCOMPLIANCE AND MONITORING

Interdepartmental Counter-Terrorism Interdepartmental Counter-Terrorism Working Group Chaired by Foreign Affairs.Working Group Chaired by Foreign Affairs.

All relevant Departments and Financial All relevant Departments and Financial Intelligence Centre and Reserve Bank Intelligence Centre and Reserve Bank represented.represented.

PARLIAMENTARY PARLIAMENTARY SUPERVISIONSUPERVISION

Proclamations tabled for Parliament’sProclamations tabled for Parliament’s

• considerationconsideration

• decisiondecision

• steps steps (section 26)(section 26)

LATEST DEVELOPMENTSLATEST DEVELOPMENTS

Committee has reviewed its own Committee has reviewed its own proceduresprocedures

Proper guideline developed for Proper guideline developed for listing.listing.

Delisting process put in place.Delisting process put in place. Nodal point established. Individual Nodal point established. Individual

can apply directly or through can apply directly or through Government to be de-listed.Government to be de-listed.

LEGAL CONSEQUENCES OF LEGAL CONSEQUENCES OF LISTINGLISTING

Section 4 Act 33 of 2004 PROHIBITS IROSection 4 Act 33 of 2004 PROHIBITS IRO Property:Property: That any person acquires, collects, uses, That any person acquires, collects, uses,

possesses, owns, provides or makes available, possesses, owns, provides or makes available, invites a person to provide or make availableinvites a person to provide or make available

Financial service or other serviceFinancial service or other service, , Economic Economic supportsupport: provides or makes available, or invites a : provides or makes available, or invites a person to provide or make availableperson to provide or make available

OROR facilitates the acquisition, collection, use or facilitates the acquisition, collection, use or

provision of provision of property,property, or the provision of any or the provision of any financial or other servicefinancial or other service, or the provision of , or the provision of economic supporteconomic support

IFIF

Section 4 Act 33 of 2004Section 4 Act 33 of 2004

Intending Intending propertyproperty, , financial or other financial or other serviceservice or or economic supporteconomic support or while or while such person knows or ought reasonably such person knows or ought reasonably to have known or suspected such will to have known or suspected such will be used, directly or indirectly, in whole be used, directly or indirectly, in whole or in part or in part

for the benefit of a specific entity for the benefit of a specific entity identified in a notice issued by the identified in a notice issued by the President under section 25President under section 25

Section 23Section 23 National Director of Public Prosecution National Director of Public Prosecution

may make may make ex parteex parte application to a application to a Judge in Chambers to Judge in Chambers to freeze propertyfreeze property or or prohibiting any personprohibiting any person from engaging in from engaging in any conduct, or any conduct, or obliging any personobliging any person to to cease any conduct, concerning property cease any conduct, concerning property in respect of which there are reasonable in respect of which there are reasonable grounds to believe that the grounds to believe that the propertyproperty is is ownedowned or or controlledcontrolled by or on behalf of, by or on behalf of, or at the direction of a specific entity or at the direction of a specific entity identifiedidentified in a notice issued by the in a notice issued by the President under section 25President under section 25

Thank youThank you

Major General PC JacobsMajor General PC Jacobs South African Police Service: South African Police Service: Legal ServicesLegal Services