Think
twice before offering a financial help in the form of charity and/loan to any
of your acquaintance, friend, relative or a business partner.
Before
establishing a financial transaction with anyone, you must be certain of the
charter and credentials of the other side.
If
at any point, it is established that the person or the company, which had some
monetary relations with you, is also involved in certain dealings which fall
under terrorism charges, you will be in trouble.
Not
only financial transactions, it is also about your job and employees too.
If
you are working with such an organization, whose owner or any top director is
found involved in a terror activity, you are in hot waters.
How?
The
National Assembly and the Senate have passed ‘The Anti-terrorism (Amendment)
Bill, 2020’ and the United Nations (Security Council) (Amendment) Bill, 2020’.
It is said the two laws were necessitated from the Financial Action Task Force
(FATF) so that Pakistan was taken off the grey list. The two laws which are
directly related to the welfare of the state, and the government in any way,
however, faced sloganeering and strong protest from the opposition members in
the house.
Let
us discuss the two laws and their effects on a common man.
First,
Anti-Terrorism (Amendment) Bill, 2020
The
bill is about increasing the
punishment, including the fine from existing Rs10 million to Rs25 million,
besides introduction of a jail sentence for 10 years for those found involved
in terror financing through illegal money transfers. This means the banks and financial
institutions or persons are to be held liable if the loan sum is found to be
used in terror-related activities. Earlier, our legal system offered no severe
punishment for terror financiers.
Look
at the bill’s Section 3 (b) v: no
bank or financial institution or any other entity providing financial support
shall provide any loan facility or financial support to proscribed person or
issue the credit cards to proscribed person; and (vi) the arms licenses, if
already issued, shall be deemed to have been cancelled and the arms shall be
deposited forthwith in the nearest Police Station, failing which such arms
shall be confiscated and the holder of such arms shall be liable for the
punishment provided under the Pakistan Arms Ordinance, 1965 (W.P. Ord.XX of
1965). No fresh license shall be issued to such person for any kind of weapons.
".
This implies
that those who are convicted of terror-related charges, will never be able to
obtain a loan from banks, and no arm license.
The bill goes
on:
"(3) A
person commits an offence if he pays for or provides money or other property or
facilitates the travel of a person anywhere for the purpose of perpetrating,
participating in, assisting or preparing for a terrorist act or for the purpose
of providing or receiving training for terrorist related activities. (4) The
provisions of sub-section (2) shall also apply to the following; (a)
organizations owned or controlled, directly or indirectly, by proscribed
organizations or proscribed persons; and (b) Persons or organizations acting on
behalf of, or at the direction or proscribed organizations or proscribed persons."
21 lf a legal
person commits an offence under sections: such person shall be liable on
conviction to a time not exceeding fifty million rupees. (3) Every director,
officer or employee of such legal person found guilty shall be punishable on
conviction with imprisonment for a term not less than five year; and : rot
exceeding ten years with fine not exceeding twenty-five million rupees.".
The law
provides punishment for those who are found funding for a terrorist’s travel,
participation in a terror activity or training or any other activity will be
liable for punishment.
Punishment is
very tough: Rs25-50 million fine and up to 10 years in jail.
This scribe
discussed the implications of the bills with a couple of lawyers.
They said the
law was draconian in nature, as it made financial transactions almost
impossible.
“Police can
establish the links of a person on trial with almost all of their friends,
acquaintances and family members,” said lawyer Naseem Abbas.
PPP Senator Raza
Rabbani opposed the bills in the Senate. He was not available for comment.
This scribe spoke to
Prof Sarfraz, former director of the Area Study Center of the Peshawar
University about the good and bad side of the acts.
“Making acts of law is
one thing, and their judicious implantation is another,” he said.
“To my view, these laws
will stifle civil society and non-government organisations, mostly the
international one to get permission for welfare work.”
At the end of the day,
these laws will be used against political activists, he concluded.
But there is light at
the end of the tunnel.
Jahangir Rauf is a
corporate lawyer based in Lahore. He said if people made their financial
transactions through banks and through written contracts, they would be safe.
Now,
the United Nations (Security Council) (Amendment) Bill, 2020’
The
bill empowers the government to take actions recommended under the Security
Council resolutions such as the freezing and seizure of assets, travel ban and
arms embargo on the entities and individuals, who are designated on the
sanctions list of the United Nations. The UN Security Council Resolution 1373
requires member states to implement counter-terrorism measures, especially
countering the financing of terrorism through their domestic laws. This
obligation is implemented in Pakistan through Anti-Pakistan Act, 1997.
This
bill heralds troubles for the proscribed organizations, such as
Lashkar-e-Taiba, Jaish-e-Muhammad, etc.
Earlier,
these organizations and people affiliated with these bodies got away with such
excuses that they had never violated the law of the land.
It
is hoped that these bills will help the government evade the FATF grey list and
help law-enforcers eradicate terrorism from Pakistan.