DOJ/OPDAT Counterterrorism Programs
Recent Activities
The work of the Counter Terrorism Unit (CTU) assists the Office of
Overseas Prosecutorial Development, Assistance and Training (OPDAT), U.S.
Department of Justice, in achieving its primary goal to counter terrorism,
while also supporting OPDAT efforts to build effective justice sectors that
respect the rule of law. The CTU obligates Nonproliferation, Anti-terrorism,
De-mining and Related Acts (NADR) funds received from State. Working in close
coordination with OPDAT's Regional Directors, relevant sections within the
Criminal Division, as well as the FBI, and other USG agencies, the CTU this
quarter completed the following programs in an effort to halt the financing
of terrorists in priority countries.
During the Fourth Quarter of Fiscal Year 2005 (FY05), OPDAT's Counter
Terrorism Unit worked closely with Regional Directors to support NADR-funded
Resident Legal Advisors (RLAs) as they began developing and organizing programs
in Bangladesh, Indonesia, Kenya, and the United Arab Emirates (UAE). As the RLA in
Asuncion, Paraguay, began his third year, work focused on planning for the Tri-Border Conference
on Charities, scheduled for early October. The Counter Terrorism Unit now has
programs underway or on the drawing board for Paraguay, Bangladesh, Indonesia, Kenya,
the United Arab Emirates, Turkey, and regional conferences in Vienna (with the Organization for Security and Cooperation in Europe (OSCE)),
and the Tri-Border Region. The CTU this quarter also received FY05 monies to extend
the second year of RLAs in Bangladesh, Kenya, and the UAE, to extend the RLA in
Paraguay for a third year, and for new terrorist financing programs in Tanzania and
Jordan.
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Bangladesh
Since the RLA office opened in Dhaka in March 2005, the RLA has been working
in four main areas: ratification of the UN Terrorist Conventions; drafting
amendments to Anti-Terrorism and Anti-Money Laundering Legislation; Anti-Money
Laundering Activities; and the Kibria Murder Case, a case involving the assassination
of the former Finance Minister.
This quarter, Bangladesh signed the UN convention and established an effective
anti-money laundering and terrorism financing legal framework. After two years of
demurring on signing the UN Convention on the Suppression of Terrorist Financing,
the Government of Bangladesh (GOB) became a signatory in September and is now party
to 12 terrorism-related conventions. RLA briefings with officials on the
inter-ministerial committee reviewing the convention helped overcome concerns that
overseas workers repatriating funds to mosques and madrassas could be criminally
culpable as well as other concerns about laws necessary to comport with the convention's
obligations.
During this quarter, the central bank submitted to the cabinet its draft
Anti Money Laundering law which includes provisions to criminalize terrorism
financing as well as making it a predicate offense. The draft was completed after
two OPDAT working trips since 2003 and consultations with RLA.
Another significant and positive change is the establishment of an investigative
and prosecution task force to pursue cases referred by the Financial Intelligence
Unit housed at the central bank, Bangladesh Bank (BB). Currently, there are no
prosecutions of money laundering violations because of untrained and dilatory
prosecutors. Upon its return from an OPDAT-sponsored money laundering and
terrorist financing course in Sri Lanka, a high level delegation from five relevant
ministries enthusiastically embraced the idea. That enthusiasm persuaded the central
bank that there was sufficient political will to create such a unit.
With the task force concept now incorporated in the draft law, the RLA met with
the Finance Secretary and BB's Deputy Governor in September to discuss the
investigative and prosecution unit (IPU). The discussion was a very practical
nuts-and-bolts session which included specifics such as staffing, recruitment and
work space. The RLA also assisted an FBI Special Agent and his outstanding team of
instructors in organizing the country's first seminar on Money Laundering and Terrorist
Financing Investigations. The five day course attended by 28 delegates representing
prosecutors, police investigators, legal drafters, judges, and government was
enthusiastically received.
The police units, Special Branch and the Detective Branch along with the
Judicial Training Center (for judges and prosecutors) have requested more
of these courses which RLA will organize, budget permitting, on a bi-monthly basis.
The urgency to provide this training is particularly acute in light of the August 17
incident where 500 explosions went off across the country within a 30-minute time
period. Leaflets signed by a fundamentalist group and found at the explosion sites
urged the establishment of Islamic law and declaimed the Western infidels in Iraq.
During search and seizures, police amassed a number of financial records and data.
The investigations, however, are hamstrung. The RLA is trying to coordinate with law
enforcement in Bangladesh and with Washington to arrange technical assistance
specifically on this topic.
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Indonesia
The RLA arrived in Jakarta in May 2005. During this quarter the OPDAT program
became firmly established and well known among prosecutorial agencies and other
players in the Indonesian justice sector. As noted below, the RLA opened an office
facility in Jakarta, and cultivated good relations with officials at the highest
levels of the Indonesian Attorney General's Office (AGO), the Corruption Eradication
Commission (KPK), and other key law enforcement agencies.
In addition, excellent progress was made towards OPDAT's mission goals in
Indonesia. The Indonesian Attorney General formally established the task force
on counter terrorism and transnational crimes, which was a major objective, and
the RLA began assisting with the development of that new entity. The RLA also
participated in workshops, training seminars and policy development discussions
with personnel from various Indonesian agencies, while also providing assistance
to the Embassy and other US Government agencies involved in justice sector assistance.
The RLA during this quarter organized several training workshops and seminars.
In September, OPDAT and ICITAP organized a two day international workshop on mutual
legal assistance (MLA) issues. The workshop, sponsored together with two Indonesian
agencies, the Ministry of Law and Human Rights and the Indonesian National Police (INP),
was attended by approximately 50 Indonesian prosecutors, police and government
attorneys and officials.
Few Indonesian officials have been exposed to the mechanisms and legal doctrines
of international legal cooperation. While there are relatively few formal MLA
mechanisms in place here (there is an MLA and extradition treaty with Australia),
that is changing quickly. Bilateral MLA treaties have been signed with at least
two other countries and a multilateral treaty has been signed with the Association of Southeast Asian Nations (ASEAN) region
countries. All are awaiting ratification in the parliament. A domestic draft law
on mutual legal assistance is also pending in the parliament. The objective of the
two-day workshop was to give Indonesian prosecutors, police and government attorneys
involved in international criminal matters a more comprehensive understanding of
mutual legal assistance issues and processes.
The conference was held in Jakarta. It was opened by the Minister of Law and
Human Rights, the US Ambassador and the Inspector General of the INP. Indonesian
presenters at the workshop included the head of the International Law Section of the
Ministry of Law and Human Rights, the head of the Indonesian FIU, and other officials
from the Attorney General's Office, INTERPOL, the INP, and the Ministry of Law. Foreign
presenters included two persons from United Nations Office of Drugs and Crime (UNODC), the Drug Enforcement Agency (DEA) attaché Singapore, an attorney
from the Office of International Affairs (OIA) stationed in Manila, a federal prosecutor from the District of Colorado, an
attorney with the International Crime Branch of the Australian Attorney General's
Department. Break out sessions were led by Indonesian moderators. All presentations
were translated into Indonesian, and there were numerous handouts that had been prepared
in, or translated into, Indonesian.
The MLA workshop was timely and relevant for the Indonesians, and was a good first
exposure for a group which has had very little prior contact with mechanisms for formal
international legal cooperation. The participants were engaged and attentive, and there
was lively dialogue throughout the workshop. On the whole, the conference was well
received by the attendees and their agencies. As a collateral benefit, the conference
also led to contacts which facilitated more coordination with the Australian Attorney
General's Department and UNODC on MLA issues and other matters.
As indicated in last quarter's report, the Corruption Eradication Commission
(known here as the KPK) agreed to a series of five short seminars (at least two hours
each), for a total of over ten hours of training to be presented on Friday mornings
in June, July and August. The seminars, held at the KPK for a group of between 10 and
20 prosecutors and investigators, focus on strategies for investigating and prosecuting
public corruption cases. In July and August the RLA presented the third, fourth and
final sessions in the seminar series. In each session he used a power point presentation
that had been translated into Bahasa Indonesian. The seminars were intended to be
informal, with ample dialogue. They were very well received by the KPK.
A third series of seminars with the South Jakarta Office of the AGO was held on
Investigating and Prosecuting Public Corruption Cases in September 2005. The Special
Crimes branch of the South Jakarta District office of the Attorney General's Office
handles many of the most important corruption and bank fraud cases in the country. That
office has had only limited success in its major corruption prosecutions in recent
years, however. In August, the chief prosecutor in that office agreed to host a series
of three two-hour seminars similar to the ones the RLA had just completed at the KPK.
In September the RLA gave the first and second of the training seminars. Future
training workshops on public corruption are planned with both the South Jakarta AGO
and the Jakarta Provision Office AGO, as well as training on transnational crimes,
press relations and judicial corruption.
In additional to training seminars, the RLA has provided legislative commentary
and assistance on draft amendments to the money laundering law, a draft mutual legal
assistance statute which is currently being circulated in the legislature and among
other government agencies, and proposed regulations on witness immunity.
Finally, the RLA has also helped establish the New AGO Task Force. During the
last quarter, the RLA worked with the Political Section at the Embassy to encourage
the AGO to establish the new task force on terrorism and transnational crime. After
several meetings with the Vice Attorney General, the Special Assistant to the Attorney
General, and other officials at the AGO to discuss the need for the task force, the
RLA drafted a Letter of Agreement relating to USG support for the task force. On
September 8, 2005, the RLA was informed that the AG had formally authorized the unit,
and on September 12, attended a formal signing ceremony at the AGO at which the AG and
Ambassador signed the Letter of Agreement. Since that time, the RLA has had several
meetings with the Special Assistant to the Attorney General and with others at the AGO
to discuss the formation and staffing of the task force, and the selection of appropriate
office space for the group. The RLA expects to spend considerable time in the next two
quarters working with the AGO and with contractors on refurbishing office space for the
task force, purchasing furniture, supplies and equipment for the task force and, as
noted above, designing a training curriculum.
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Kenya
The new Director for Public Prosecutions (DPP) who
arrived in June began his tenure planning technical assistance programs with the
RLA. The first phase of a two part, comprehensive training course for prosecutors
took place in August. Presenters from DOJ's Counter Terrorism Section and the FBI
joined the RLA and an OPDAT Program Assistant in discussing investigations and
pretrial strategies and techniques. The course was very well received and a follow-on
second session, concerning trial advocacy and sentencing, is scheduled for December.
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Paraguay
OPDAT's Resident Legal Advisor in Asuncion started his third year this August.
Paraguay has yet to enact legislation to criminalizing money-laundering,
anti-terrorism and terrorist financing. A major problem, identified by the
RLA, is the absence of a champion in the senate who will push for the bill's
passage. In September the RLA, the US Embassy's political officer and other
representatives of the Embassy, as well as the Money Laundering legislation
drafting group held a meeting with several senators. The senators promised
to issue a dictamen requiring that the senate identify controversial passages
in the legislation and resolve those issues within 40 days, or otherwise
the dictamen would authorize sending the bill forward for official action.
No such action, however took place during this quarter.
The RLA and a number of US Embassy officers have been communicating to the
highest ranking officials a consistent message about passing the money laundering
legislation. The message of the need to approve the money laundering legislation
has even permeated the Fiscalia, with many prosecutors waiting to begin
enforcing its provisions. The RLA urged Supreme Court President Fretes to
sponsor a meeting/briefing session/legislation drafting session with supposedly
friendly Senators and Comision members. The Embassy team is working with
other Supreme Court justices to build their understanding and support for
the issue.
The RLA continued to search for the way to launch this issue before congress
as a matter of urgency, including looking toward the international community.
In June 2005, the RLA organized a teleconference between United Nations Office of Drugs and Crime Counterterrorism Committee (UNODC CTC), International Monetary Fund (IMF),
Organization of American States (OAS), DOJ RLA, Post Political Officer and State Department about options
to move the legislation in the face of Paraguayan intransigence. They followed
that conference call up on August 11, 2005 with participation from UNODC
CTC, IMF, OAS, OTA REA, DOJ RLA, State and the Post Political Officer. On
a recent visit, the IMF also informed Paraguayan representatives of the
importance of passing money laundering and counter-terrorism laws.
In addition to money laundering legislation, the RLA remains involved with
passage of Paraguay's draft anti-terrorism and terrorist financing legislation,
a bill which has not yet been introduced into their Congress for fear of
being confused with the money laundering draft. That strategy on the terrorism
project through this quarter has continued; the counter-terrorism/terrorism
financing bill remains shelved.
This quarter also the RLA continued to prepare for and lend material support
to the OTA Investigators Academy for Aduanas (Customs), Tributacion (IRS
equivalent), SENAD (drugs), and UTE (IPR) which was a month-long training
Academy for investigators and fiscales from September 12 through October
7, 2005. The assignment was to coordinate 40 hours of legal instruction
by prosecutors from the national Fiscalia, or Attorney General's Office.
The effort took on additional size and complexity as it became obvious that
there are few if any legal materials prepared or available from which the
prosecutor-presenters could begin to work to develop lesson plans. As a
result, the RLA continued to work with the office of the Fiscalia's Centro
de Capacitacion to recruit their support of the training Academy, organize
the training, identify presenters, review numerous possible operational
course materials, obtain and transmit materials, revise the agenda, look
for outlines for presenters, and other organizational details. The RLA held
pre-academy organizational and instructional sessions with the presenters,
specified assignments, offered suggestions, worked to help build several
of the training modules, and organized preparation of formal lesson plans.
The training began on schedule, and the 40 hours of legal instruction took
place four hours a day over a two week span beginning September 12 and continuing
to September 23. The RLA gave one of the first hours of instruction over
liability of investigators and fiscales, as well as other modules later
on. The remainder of the practical training was to continue until October
7, 2005 for the specialized investigators from customs, drugs, tax, IPR
and Hacienda units. During the academy, as before it began, the RLA met
repeatedly with the leaders of the Fiscalia General's Centro de Capacitacion
to ensure their help and support, suggest trainers, meet with the instructor
corps as a body and as individuals to offer support, suggestions and instruction
tips.
The Fiscalia Train-the-Trainers are all graduates of an earlier class on
"Didactica," (teaching techniques) and the level of instruction during the
legal portion of the academy was very high. The Centro de Capacitacion has
been using these trainers weekly to teach a number of classes and subjects
that were originally taught to them, and that have been adopted as regular
curriculum for the entire Fiscalia. An additional benefit was the interaction
of the instructors and investigators in breaking down the walls that have
historically prevented communication.
This was almost historic -- a first for Paraguay - the first time prosecutors
had developed and prepared quality training materials and presentations
to prepare criminal investigators (or other new fiscales for that matter)
to do their jobs at the time they enter service. The interchange between
the prosecutor instructors and their pupils was hopeful and inspiring -
especially in this land where they have never really spoken to each other.
An additional benefit is the permanent library of instruction modules developed
by the instructors in such a way that other fiscales in the future can take
the lesson plans and carry the torch of quality instruction of their colleagues
- the development of a permanent corps to instruct their brethren and raise
the quality of prosecutors and investigators.
The five year term of the present Fiscal General expired on August 31, 2005.
This was perceived as a potential blow to Fiscalia training programs. There
was especial concern with our Procedural Code reform project in that, despite
allegations of various types in the press and elsewhere against him, Latorre
was an ally in moving forward goals that the RLA has been trying to accomplish.
Many of his positions and policies were supportive of the U.S.
Prior to the end of the Fiscal General's term in office, the RLA arranged for
an introduction with the new Fiscal General. At this meeting
several of the fiscales presented their draft bill of the criminal procedure
code in such a way as to allow investigation and prosecution of complex
cases. The Fiscal General listened at first with skepticism, later with
growing interest. The Fiscal General took office the morning of September 1,
and since then the RLA has had fairly numerous contacts with him or his
office.
While working for passage of the two major pieces of legislation related
to terrorist financing, the RLA continues to lay a sound foundation for
professional and modern criminal investigations by assisting the Paraguayans
in their reform of the criminal procedure code, as referred to above. In
August, the RLA began planning for a very significant and effective program
to support criminal procedure code reforms. Following the highly successful
trip in February 2005, the RLA began formulating a second accusatory system
study tour to Puerto Rico. This study tour would be led by the Fiscal General,
and participants would include high ranking ministers, senators, deputies
and judges who would observe, absorb and hopefully better understand the
problems in their existing procedure code, and some solutions to those problems
which could be drawn from the accusatory system. The idea was met with great
enthusiasm and work began with Embassy personnel to plan and implement the
excursion on an October 22-30 timeframe. The RLA also visited Supreme Court
President in September and requested his participation and
the participation of other Ministros and judges in the study tour.
The RLA also proposed that the Fiscal General visit Washington, DC as part
of the study tour in Puerto Rico to allow him to meet with DOJ officials
and learn about the structure and functions of Justice. This visit would
provide an opportunity for DOJ to have influence at the highest level within
the Paraguayan Fiscalia for the next five years, the Fiscal General term
of office. The Washington leg of the trip was scheduled for October 31 through
November 2, 2005.
Current Program Priorities:
The RLA arrived in Paraguay with several objectives on which he has worked
from the beginning. Increased pressure from Washington to show results by
next August, and the imminent departure of Treasury/OTA's Resident Economic
Advisor - with whom the RLA has collaborated on a number of projects - helped
focus efforts on those goals which are most important. An August program
assessment visit by OPDAT helped ordered those priorities as follows:
- Facilitating review/passage of the money laundering
law;
- Facilitating message of Procedure Code Reform;
- Introduction of Counter-terrorism law;
- Training efforts for Justice Penal Sector: Fiscalia,
investigators, magistrates.
Training Calendar:
- Procedure Code Reform: The schedule and deadlines
of the Procedure Code Reform Commission continued to push the procedure
code reform project. To influence the formidable nay-sayers within the
judiciary and the political structure, the RLA is planning a follow-on
to the February trip to Puerto for key judges, members of the Comision
on Code Reform, and the new Fiscal General and Minister Supreme Court.
The second on-site review in Puerto Rico, scheduled for October 2005,
will provide enough time for the group's observations to be reflected
in the Comision's final drafts, due about March 2006, to be tabled before
the Parliament resumes its sessions in 2006.
- Mentoring Training: The RLA continued mentor
training in Ciudad del Este with the Marcas unit and in Asuncion with
Delitos Economicos. The focus of this training planned over the next
year will be to continue refining methods for case investigation and
preparation/presentation in a real-life context.
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United Arab Emirates (UAE)
During this quarter the Embassy's prohibition on working with the UAE Ministry of
Justice remained. The RLA worked closely with the UAE Central Bank on organizing an
Advanced Financial Crimes regional conference. The conference will be held on
November 19-21. She has also organized a training session for the UAE Exchange, a
principle institution in the Gulf region for money transfer and exchange.
The RLA has met with and offered training to the UAE Ministry of Justice, the Abu
Dhabi Attorney General's office, the Abu Dhabi Public Prosecutor's office, the Dubai
Attorney General and the Dubai Public Prosecutor's Office. The Attorney General and
Public Prosecution offices of Abu Dhabi indicated that they are not interested in US
criminal justice training given that the UAE criminal justice system is based primarily
on shari'ah or Islamic criminal law. The UAE Ministry of Justice showed an interest in
cyber-crime training, as did the Dubai Attorney General and Public Prosecution offices.
The UAE currently has no active cyber-crime legislation although a draft is pending in
the Cabinet.
The RLA completed a review of the UAE federal criminal justice system and issued an
interim assessment in August 2005. She has had discussions with the Minister of Justice
and his Undersecretary about the usefulness of a speedy trial act (currently missing
from UAE law) as well as other procedural reforms.
During the reporting period, the RLA had several meetings with officials from the
Ministries of Justice, Interior and Foreign Affairs, Abu Dhabi Attorney General and
Public Prosecution offices, members of Abu Dhabi shari'ah court, Dubai Attorney General
and Public Prosecution offices as well as with the UAE Central Bank. In the private
sector, she has met with leadership at the UAE Exchange.
The RLA continues to cover the bi-lateral judicial assistance portfolio at the
Embassy though the amount of work in this area has been greatly reduced. The Government
of the UAE has formally stated that it will no longer provide judicial assistance in
criminal matters, absent both extradition and mutual legal assistance treaties. Since
March, the UAE has released seven US fugitives. The UAE has not responded to a request
for documentary evidence since 2003.
The RLA was granted permission to attend criminal trials/hearings for two days in
September. The UAE Constitution provides for public trials, however, it is not advisable
to attend criminal proceedings in Abu Dhabi (and possibly other Emirates) without first
getting official permission, particularly for a western female. All criminal cases are
heard in shari'ah court.
The Embassy is currently preparing the 2005 Human Rights Report. RLA has been active
in providing information for inclusion in the criminal justice section.
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