Pakistan copes with legal gaps ahead of crucial FATF meeting

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As a meeting with the Paris-based Financial Action Task Force (FATF) approaches, Pakistan is struggling to cope with lapses in its legal framework which undermines the State’s implemention of FATF’s recommendations by a crackdown on assets of terrorist organisations.

These problems can be reportedly linked to the conflicting positions that the Pakistani team took before the FATF representatives during the previous meetings. The next face to face meeting with the International Cooperation Review Group (ICRG) of the FATF is scheduled for the first week of January.

It is pertinent to mention that in July, the FATF had included Pakistan in its ‘grey list’ upon failure to stop financial aid to terrorists. By September next year, the country will need to implement a 27-point action plan recommended by the money laundering watchdog.

The previous ruling party had promulgated an Anti-Terrorism (Amendment) Ordinance to address gaps in the legal framework. However, it has been reported that the ordinance was not based upon need as the United Nations Security Council (UNSC) Act of 1948 and its Statutory Regulatory Orders (SROs) were sufficient as a legal framework.

Apparently, the country’s representative team had told ICRG in the May 2018 meeting that it was possible to enforce the UNSC Resolution 1267 by making use of the UNSC Act. Then, later, the team changed its stance that the amendment in the anti-terrorism act was necessary to facilitate law enforcement agencies in taking action against proscribed organisations, which weakened its case.