سیاست جنایی ایران در قبال تأمین مالی تروریسم در مواجهه با توصیه ها و برنامه ی اقدام FATF (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
اِف-اِی-تی-اِف فعالیت خود را با وضع استانداردهای بین المللی در زمینه مبارزه با پول شویی آغاز و سپس در بستر تحولات بین المللی، گستره وظایف خود را به مبارزه با تأمین مالی تروریسم نیز تعمیم داد. این نهاد با ارزیابی اقدامات کشورها در اجرای این استانداردها، نتایج برررسی های خود را در گزارشات سالانه ارائه می نماید. اِف-اِی-تی-اِف از فوریه 2008 در بیانیه های عمومی خود نام ایران را در فهرست کشورهای تحت نظر قرار داده است. از سوی دیگر ایران نیز ضمن پذیرش اجرای برنامه اقدام، مبادرت به تصویب و اصلاح قوانین و مقررات خود نموده است. تعامل سیاست جنایی ایران در مواجهه با توصیه ها و همچنین برنامه اقدام اِف اِی-تی-اِف، در مواردی و خاصه در حوزه مقابله با تأمین مالی تروریسم، دارای نقاط تعارض جدی و اساسی است که در این مقاله به روش توصیفی- تحلیلی به تحلیل آن پرداخته شده است.Iran's Criminal Policy towards Terrorist Financing in the Face of FATF Recommendations and Action Plan
FATF started its activity by establishing international standards in the field of combating money laundering, and then, in the context of international developments, extended the scope of its duties to combating the financing of terrorism. By evaluating countries' actions in implementing these standards, this institution presents the results of its investigations in annual reports. Since February 2008, FATF has included Iran's name in the list of countries under surveillance in its public statements. On the other hand, Iran, while accepting the implementation of the action plan, has taken steps to approve and amend its laws and regulations. In this article, in a descriptive-analytical way, analyzing the interaction of Iran's criminal policy in the face of the recommendations and also the action plan of the FATF, in some cases, especially in the field of dealing with the financing of terrorism, there are serious and fundamental points of conflict. In this article, we will analyze it in a descriptive-analytical way. 1.Introduction The criminal policy of the countries is changing more and more in the light of the international obligations of the respective governments, in the form of membership in regional and global treaties and signing bilateral or multilateral agreements among themselves, so that the national criminal policy has also become transnational resources. FATF is one of these important and effective international financial institutions in today's era, and in order to explain Iran's criminal policy regarding the financing of terrorism, it is necessary to analyze the foundations and performance of the said institution and its effectiveness. Since the interaction of Iran's criminal policy with the policies of the special group, in the field of dealing with the financing of terrorism, has a serious and fundamental conflict in some positions, the necessity of this article is to analyze the points of interaction and conflict of Iran's criminal policy with recommendations and programs. FATF's action has been in this area. 2.Methodology This research has been done by descriptive-analytical method and by examining relevant criminal laws and regulations in the form of documents and libraries. 3.Results and discussion Today, the coherence of internal laws and regulations of criminal policy and the improvement of its efficiency are more than ever tied to the international commitments of governments in the field of criminal policy. The criminal policy of the countries is changing more and more in the light of the international obligations of the respective governments, in the form of membership in regional and global treaties and signing bilateral or multilateral agreements among themselves, so that the national criminal policy also has transnational resources and the governments are forced to fulfill their obligations in The realms of delinquency, reactive response. FATF is one of these important and effective international financial institutions in today's era, that in order to explain the criminal policy of Iran in relation to the financing of terrorism, it is necessary to analyze the foundations and performance of the mentioned institution and the extent of its influence. FATF evaluates the actions of countries in implementing the standards of this group and presents the results of its investigations in its annual reports. Since February 2008, FATF has included Iran's name in the list of countries under surveillance in its public statements and expressed its positions towards Iran. In response to these positions, Iran, while accepting the implementation of the action plan in line with the recommendations of the FATF, has taken steps to approve and amend its laws and regulations. By examining the relationship between Iran and FATF, it is concluded that Iran's criminal policy is in the direction of fully accepting and implementing FATF's recommendations as well as the action plan of FATF, in some cases it has coordination and interaction and in some cases, especially in The field of dealing with the financing of terrorism has serious and fundamental points of conflict, and these points of interaction and conflict have been counted and investigated. Continuation of the positive interactions of Iran's criminal policy in facing the FATF institution, in general, the coordination of Iran's criminal policy with other governments, the international coherence of criminal policy, the increase of judicial-police-security cooperation and the efficiency of various forms of crime control, freedom from Guaranteeing the legal implementation of non-fulfillment of international duties accepted by governments, practical adherence to their international duties in the field of criminal law of terrorism, etc., and the use of its economic consequences will lead. But on the other hand, this relationship is also faced with basic and fundamental conflicts, which requires policy makers to take decision and policy-making in this field, considering the total cost-benefit of the interactions and conflicts facing Iran's criminal policy. 4.Conclusion By examining the relationship between Iran and FATF, it can be seen that Iran's criminal policy is facing fundamental interactions and conflicts in the path of accepting and fully implementing the recommendations as well as the FATF action plan. Among the most important points of interaction of Iran's criminal policy in facing FATF's recommendations and action plan regarding the financing of terrorism and its effectiveness, the following can be mentioned: Approving the Terrorist Financing Law, adopting an independent criminalization approach, amending the Terrorist Financing Law, freezing assets related to Security Council Resolution 1267, Iran's accession to the Convention on Countering the Financing of Terrorism (CFT). On the other hand, Iran's criminal policy in the path of accepting and carrying out the recommendations as well as FATF's action plan, especially in the field of combating the financing of terrorism, faces basic and fundamental conflicts as follows: Removing the exception contained in the Law on Combating the Financing of Terrorism approved in 2014 (attempts to deal with foreign occupation, colonialism and racism), which is considered as an important conflict with Article 154 of the Constitution. The legal status of the interpretative declaration and the approval conditions of the Islamic Council, as well as the issues related to the nature of terrorism and the guarantee of international executions, in Iran's accession to the Convention on Countering the Financing of Terrorism (CFT), due to political-ideological views, from the serious conflicts of criminal policy It is Iran. Targeted financial sanctions: which leads to the formation of a new concept in international law, under the title of "sanctions of natural persons", which has an inherent conflict with human rights and has been used in its broadest form against the Islamic Republic of Iran. This issue has been emphasized by FATF and it can be referred to as the climax of the conflict between Iran's criminal policy and FATF. - Creating a legal basis for the implementation of Security Council Resolution 1373, empowering authorities to take measures such as tracking and blocking the property and assets of terrorists, as well as guaranteeing effective information exchange without any restrictions on other conflicts. 5.Selection of References Alavi, Y. and Joodaki, M. (2022), “An Analysis of the Role of the Financial Action Task Force (FATF) in the Effectiveness of the US Unilateral Sanctions (Case Study: Iran)”, Scientific Journal of Security Horizons, 14(50), PP. 95-125. [In Persian] Baizidi, R. (2022), “ Financial Action Task Force (FATF) in the Global Economy and International Politics: Analysis of the Behavior Pattern of the FATF towards Iran)”, Journal of International Organizations, No.12, PP. 363-396. [In Persian] Darabi, Sh. (2022), “Combinatory Criminal Policy Strategy in Democratic and Totalitarian Models of Criminal Policy”, Criminal Law Research, 13(25), pp. 53-74. [In Persian] FATF (2012-2019), International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation, FATF, Paris, France, www.fatfgafi Org/ recommendations.html. FATF (2018 A), Guidance on Counter Proliferation Financing – The Implementation of Financial Provisions of United Nations Security Council Resolutions to Counter the Proliferation of Weapons of Mass Destruction, FATF, Paris, www.Fatfgafi. org/ publications/ fatf recommendations/ documents/guidance-counter-proliferation-financing.html Habibi, H. and Zarneshan, Sh. (2021), “The Role & Position Of FATF in International Low System”, Journal of Legal Research, No. 45, PP. 299-322. [In Persian] Lazerge, Ch. (2021), An Introduction to Criminal Politics, translated by Ali Hossein Najafi Abrandabadi, ninth edition, Tehran: Mizan Publications. 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