Is It Time to Reform the Counter-Terrorist
‘Is it time to reform the counter-terrorist financing reporting obligations? A critical and comparative assessment of the counter-terrorist financing reporting obligations in the European Union and the United Kingdom’. Dr. Nicholas Ryder, Professor in Financial Crime, Bristol Law School, Faculty of Business and Law, University of the West of England, Bristol 1 Abstract This paper critically considers the effectiveness of the European Union’s (EU) counter-terrorist financing (CTF) strategies. In particular, it concentrates on the use of financial intelligence gathered from the submission of suspicious activity reports (SARs) by reporting entities to Member States Financial Intelligence Units (FIU). The paper identifies a series of weaknesses in the United Kingdom’s (UK) reporting regime: defensive reporting, increased compliance costs and the definition of suspicion. The paper concludes by making a series of recommendations that are aimed at improving the effectiveness of the EU and UK CTF reporting obligations. 2 A. Introduction The European Union is suffering from the second decade of the most intense wave of international terrorism since the 1970s and nation states have been subjected to an increasing number of terrorist attacks. For example, there have been terrorist attacks in France (Toulouse, Montauban, Joué-lès-Tours, Île-de-France, Nice, Saint-Quentin-Fallavier, Oignies, Paris, Saint-Denis, Marseille, Magnanville, Saint-Étienne-du-Rouvray, Orly Airport, Garges-lès-Gonesse, Levallois-Perret, Carcassone and Trèbes), Belgium (Brussels, Zaventem and Charleroi), Germany (Berlin, Hanover, Essen, Würzburg, Ansbach and Hamburg), Sweden (Stockholm), Turkey (Istanbul), the United Kingdom (London and Manchester), Finland (Turku) and Russia (Kizlyar, Saint Petersburg and Moscow). These terrorist attacks have three common themes: evidence of a sophisticated terrorist support network, the use of low capability weapons and cheap acts of terrorism.
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