Combating the financing of terrorism : a critical analysis of the Maltese legislative position

Abstract

Following the terrorist attacks on the World Trade Center in New York in September 2001, various legal measures were introduced internationally to suppress terrorist financing. In this thesis, an analysis is carried out of a number of issues that emanate from the legal measures promulgated. The problems which may arise from the criminalisation of the financing of terrorist organisations are also discussed. It must be ensured that a situation similar to the contentious conviction of the Holy Land Foundation in the United States, where the element of criminal intent, although required for conviction of financing a terrorist organisation in the United States, was ignored by the court, should not be allowed to recur. An examination has also been carried out of the measures provided for in the Prevention of Money Laundering and Funding of Terrorism Regulations 2008, which apply both to the suppression of money laundering and to that of the financing of terrorism. It transpires that these are substantially adequate to combat the financing of terrorism. Terrorism is an international problem which merits an international response. Terrorism cannot be effectively suppressed without international cooperation. However, more domestic cooperation is also necessary, primarily to provide feedback to subject persons as to the utility or otherwise of the information and suspicious transaction reports made to the authorities. Finally, the serious human rights' breaches arising from the international procedure of listing terrorists and terrorist organisations on blacklists are also discussed. This procedure has undergone improvements as a result of recent judgements, especially in the European Union. Nonetheless, further improvements are still deemed to be necessary.