5.3. Legal definition of terrorism and terrorist financing
Terrorist financing offence, R. 3, IN
Any person
Willfully
Provides
Collects
By any means
Directly
Indirectly
Funds
Unlawful intention
Knowledge
Are to be used
Should be used
Full or in part
(b) By a terrorist organization
(c) By an individual terrorist
(a) To carry out a terrorist act or acts
An international organization
A government
An offence within the scope of relevant treaties
Any other act
To compel
To do
To abstain from doing
Any act
Its purpose is
Terrorist Financing Convention, Art. 2
To intimidate a population
Seizure of aircraft
Acts against the safety of civil aviation
Violence at airports
Safety of maritime navigation
Safety of fixed platforms located on the continental shelf
Taking of hostages
Crimes against internationally protected persons, including diplomatic agents
Physical protection of nuclear material
Terrorist bombing
It is intended to cause
Death
Serious body injury
A civilian
A person not taking an active part in the hostilities
A situation of armed conflict
5.4. Characteristics of the terrorist financing offence
Should also be criminalized, R. 5, IN
(a) Participating as an accomplice in
(b) Organizing or directing others
(c) Contributing to the commission of
An attempt to commit
Terrorist financing
Should also be criminalized
(i) With the aim of furthering criminal activity involving terrorist financing
Done by a group of persons acting with a common purpose
Shall be made
(i) In the knowledge and intention to commit a terrorist financing offence
(a) Were actually used to carry out or attempt a terrorist act
It is not necessary that the funds
(b) Are linked to a specific terrorist act
It does not matter whether the funds came from a legitimate or illegitimate source
In the same country or in a different country where
It is regardless of whether a person is alleged to have committed the offence
The terrorist act occurred or will occur
The terrorists and their organizations are located
Measures similar to combating money laundering
All sanctions should be:
effective
proportionate and
dissuasive
Knowledge and intent required to prove the offence can be inferred from objective factual circumstances
Criminal (where possible), civil and administrative sanctions should apply to legal persons
Sanctions to legal persons should not prejudice criminal liability of natural persons