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2 Measures against terrorism and money laundering As measures to prevent terrorism, the U.N. has adopted various international conventions to ensure punishment of terrorists in any country. In 1999, the “International Convention for the Suppression of the Financing of Terrorism” was adopted at the U.N. General Assembly. Japan concluded it in June 2002, and had concluded all the “12 Counterterrorism Conventions.” Since the multi-concurrent terrorist attacks in the U.S. in September 2001, there has been a movement to amend existing Counterterrorism Conventions. In July 2005, the International Atomic Energy Agency adopted the amendment to the Convention on the Physical Protection of Nuclear Material,” and on October 10, the International Maritime Organization adopted the “Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation” and the amended protocol of the “Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf.” In April 2005, another Counterterrorism Convention, the “International Convention for the Suppression of Acts of Nuclear Terrorism” (provisional title) was adopted at the U.N. General Assembly, and Japan signed it in September of the same year and became a member nation by accepting it in August 2007. (2) Measures taken by Lyon/Rome Group Since the multi-concurrent terrorist attacks in the U.S. in September 2001, joint meetings have been held between Lyon Group and the anti-terrorism expert group of G8 (Rome Group). In May 2002, the “G8 Recommendations on Transnational Crime” stipulating counterterrorism measures was adopted by reviewing the “40 Recommendations of the Lyon Group,” in addition to measures against transnational organized crimes. (3) Measures taken by the Financial Action Task Force The Financial Action Task Force (FATF), which was originally established for the purpose of promoting measures against money laundering, under the declaration of the Arche Summit held in 1989, is now in charge of promoting international measures and cooperation regarding money laundering and financing of terrorism. In 1990, the FATF adopted its “40 Recommendations” concerning the measures against money laundering, including those measures such as criminalizing money laundering relating to drug offenses, encouraging financial institutions to identify customers and to report suspicious transactions to the competent authorities, retaining and confiscating illegal proceeds, and strengthening international cooperation. The original 40 Recommendations were revised in 1996 and 2003, expanding the scope of predicate offenses of money laundering charges, strengthening the obligations of financial institutions to identify consumers and to report suspicious transactions, preventing misuse of corporation bodies, and applying the measures against money laundering to non-moneylenders and professionals, etc. Furthermore, the FATF adopted the “Special Recommendations on Terrorist Financing” in October 2001 and in October 2004, and has also been tackling terrorist financing. In Japan, the National Public Safety Commission has strengthened international cooperation in taking measures against money laundering and terrorist financing by providing information about suspicious transactions to relevant foreign agencies, based on the “Act on the Prevention of Transfer of Criminal Proceeds” (Act No. 22 of 2007; enforced on April 1 of the same year, but partially unenforced). |