International Convention for the Suppression of the Financing of Terrorism—China Ratification

China has ratified the International Convention for the Suppression of the Financing of Terrorism [hereinafter Convention].^[1] According to Chinese diplomats, “the approval of the convention accords with China's actual needs, as it is expected to effectively stem funds supplied by overseas anti-Chinese forces to China's domestic terrorists.”^[2] The treaty was adopted by the United Nations on December 9, 1999, and came in to force on April 2, 2004 after the 22nd country ratified the Convention; more than 130 countries are signatories.^[3]

The Convention states that “the financing of terrorism is a matter of grave concern to the international community as a whole,” and that the then-existing “multilateral legal instruments do not expressly address such financing.”^[4] It directly addresses individuals stating that a person “person commits an offence within the meaning of this Convention if that person by any means, directly or indirectly, unlawfully and wilfully, provides or collects funds with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out” terrorist activities or any other act intended to case death or serious bodily injury.^[5] Attempts and conspiracies are also covered by the Convention.^[6]

Every ratifying state is under an obligation to conform its domestic law to address the offenses covered in the Convention, and to make those offenses punishable by “appropriate penalties which take into account the grave nature of the offences.”^[7]

Parties to the Convention can have jurisdiction over the offense if:

• it is committed in the territory of that State;
• the offense is committed on a vessel flying the flag of that State or an aircraft registered under the laws of that State; or
• the offense is committed by a national of that State.^[8]

A State can also exercise jurisdiction if the offense was directed towards or resulted in carrying out an offence within that State or against a national of that State.^[9]

Finally, parties to the Convention are under a duty to prosecute or extradite the suspected individual,^[10] and to freeze suspected funds.^[11]

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[1] China Ratifies U.N. Treaty Against Terrorism Financing, Associated Press (via Pravda), Feb. 28, 2006.
[2] China’s Parliament Ratifies UN Convention Against Terrorism Financing, Xinhua (via ChinaView), Feb. 28, 2006.
[3] AP, supra note 1.
[4] Convention, Dec. 7, 1999, Preamble, S. Treaty Doc. No. 106-49 (2002).
[5] Id. art. 2, para. 1.
[6] Id. art. 2, paras. 4 & 5.
[7] Id. art. 4.
[8] Id. art. 7, para. 1.
[9] Id. art. 7, para. 2.
[10] Id. arts. 9 & 10.
[11] Id. art. 8.