Cabinet approves draft amendments strengthening counter-terrorism law

Taipei, Jan. 22 (CNA) The Executive Yuan on Thursday approved draft amendments broadening the legal definition of terrorist activities to include attacks on national critical infrastructure, major facilities and core systems, and to address weapons of mass destruction (WMD) proliferation.

The proposed changes revise parts of the Counter-Terrorism Financing Act and would rename the law the "counter-terrorism financing and counter-weapons of mass destruction proliferation act," according to the Executive Yuan.

The approved amendments will be submitted to the Legislative Yuan for deliberation, it said.

According to Executive Yuan Spokesperson Michelle Lee (李慧芝), the amendments incorporate counter-WMD proliferation measures and improve the overall legal framework.

The amendments also stipulate the establishment of a counter-terrorism and counter-WMD proliferation review committee to improve financial sanctions and suspicious transaction reporting mechanisms, Lee said.

Premier Cho Jung-tai (卓榮泰) directed the Ministry of Justice (MOJ) to communicate with legislative caucuses across party lines to complete the amendment process as soon as possible, Lee added.

The Executive Yuan said in a written statement on Thursday that the legislative purpose of the draft explicitly includes preventing the financing of WMD proliferation and clarifies that providing property, financial benefits or financial services constitutes financing behavior.

Under the proposal, the composition and operations of the counter-terrorism and counter-WMD proliferation review committee would be revised to focus on the designation and removal of sanctioned individuals, according to the Executive Yuan.

The Ministry of Transportation and Communications and the Ministry of Finance would be added to the committee because WMD proliferation cases often involve shipping and import-export activities, the Executive Yuan said.

The existing counter-terrorism financing review committee is currently convened by the justice minister and includes senior officials from the National Security Bureau, Ministry of the Interior, Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Economic Affairs, Central Bank of the Republic of China (Taiwan) and the Financial Supervisory Commission.

The draft bill would impose new reporting obligations on banks, trust investment companies and credit cooperative institutions regarding asset freezes of sanctioned individuals and suspected terrorism or WMD proliferation financing transactions, the Executive Yuan said.

The amendments, it said, also revise elements of terrorism financing offenses by lowering the threshold for financing specific terrorist activities from "clear knowledge" of wrong-doing to "general intent."

The amendments also include acts of self-funded terrorist activities, according to the Executive Yuan.

In addition, the draft introduces a new offense targeting WMD proliferation by prohibiting trade with countries or regions sanctioned by the United Nations Security Council and announced by the Republic of China as subject to trade bans or controls, the Executive Yuan said.

The proposed law would also penalize common sanctions-evasion practices, including concealing transaction information, disabling ship identification systems, and falsifying or failing to maintain vessel records, with penalties of up to three years in prison or fines of up to NT$600,000 (US$18,973), the Executive Yuan said.