Cukup jelas.
TAMBAHAN LEMBARAN NEGARA REPUBLIK INDONESIA NOMOR 4617
LAMPIRAN
UNDANG-UNDANG REPUBLIK INDONESIA
NOMOR 6 TAHUN 2006
TENTANG
PENGESAHAN INTERNATIONAL CONVENTION FOR THE SUPPRESSION
OF THE FINANCING OF TERRORISM, 1999
(KONVENSI INTERNASIONAL PEMBERANTASAN PENDANAAN
TERORISME, 1999)
DEKLARASI
TERHADAP PASAL 2 AYAT (2) HURUF (A) DAN PASAL 7
SERTA PENSYARATAN PASAL 24 AYAT (1)
PENGESAHAN INTERNATIONAL CONVENTION FOR THE SUPPRESSION
OF THE FINANCING OF TERRORISM, 1999 .
(KONVENSI INTERNASIONAL PEMBERANTASAN PENDANAAN
TERORISME, 1999)
Pernyataan :
A. Sesuai dengan Pasal 2 ayat (2) huruf (a) Konvensi
Pemberantasan Pendanaan Terorisme, Pemerintah Republik
Indonesia menyatakan bahwa traktat-traktat di bawah ini
dianggap tidak termasuk dalam Lampiran merujuk dalam Pasal 2
ayat (1) huruf (a) Konvensi :
1. Konvensi Pencegahan dan Penghukuman atas Kejahatan
terhadap orang-orang yang dilindungi secara
internasional, termasuk Agen Diplomatik, ditetapkan oleh
Majelis Umum Perserikatan Bangsa-Bangsa, 14 Desember
1973.
1. Konvensi Internasional Menentang Penyanderaan,
ditetapkan oleh Majelis Umum Perserikatan Bangsa-Bangsa,
17 Desember 1979.
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1. Protokol Pemberantasan Tindakan-tindakan Kekerasan yang
Melawan Hukum di Bandar Udara yang Melayani Penerbangan
Sipil Internasional, pelengkap dari Konvensi
Pemberantasan Tindakan Melawan Hukum terhadap
Keselamatan Penerbangan Sipil, Montreal, 24 Februari
1988.
1. Konvensi Pemberantasan Tindakan-tindakan Melawan Hukum
terhadap Keselamatan Navigasi Pelayaran, Roma, 10 Maret
1988.
1. Protokol Pemberantasan Tindakan-tindakan Melawan Hukum
terhadap Keselamatan Anjungan Lepas Pantai yang terletak
di Landas Kontinen, Roma, 10 Maret 1988.
B. Pemerintah Republik Indonesia menyatakan bahwa ketentuan
Pasal 7 Konvensi Pemberantasan Pendanaan Terorisme Tahun
1999, akan dilaksanakan dengan memenuhi prinsip-prinsip
kedaulatan dan keutuhan wilayah suatu Negara.
Pensyaratan :
Pemerintah Republik Indonesia, walaupun melakukan penandatanganan
terhadap Konvensi Internaslonal Pemberantasan Pendanaan Terorisme
Tahun 1999, tidak berarti terikat pada Pasal 24, dan berpendirian
bahwa apabila terjadi perselisihan akibat perbedaan tafsiran dan
penerapan isi Konvensi, yang tidak terselesaikan melalui jalur
sebagaimana dimaksud pada ayat (1) Pasal tersebut, dapat menunjuk
Mahkamah Internasional hanya berdasarkan kesepakatan Para Pihak
yang bersengketa.
PRESIDEN REPUBLIK INDONESIA,
ttd.
DR. H. SUSILO BAMBANG YUDHOYONO
INTERNATIONAL CONVENTION FOR THE SUPRESSION OF THE
FINANCING OF TERRORISM
THE STATES PARTIES TO THIS CONVENTION
BEARING IN MIND the purposes and principles of the Charter of
the United Nations concerning the maintenance of international
peace and security and the promotion of good-neighbourliness and
friendly relations and cooperation among States,
DEEPLY CONCERNED about the worldwide escalation of acts of
terrorism in all its forms and manifestations,
RECALLING the Declaration on the Occasion of the Fiftieth
Anniversary of the United Nations, contained in General Assembly
resolution 50/6 of 24 October 1995,
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RECALLING ALSO all the relevant General Assembly resolution's
on the matter, including resolution 49/60 of 9 December 1994 and
its annex on the Declaration on Measures to Eliminate
International Terrorism, in which the States, Members of the
United Nations solemnly reaffirmed their unequivocal condemnation
of all acts, methods, and practices of terrorism as criminal and
unjustifiable, wherever and by whomever committed,
including those which jeopardize the friendly relations among
States and peoples and threaten the territorial integrity and
security of States.
NOTING that the Declaration on Measures to Eliminate
International Terrorism also encouraged States to review urgently
the scope of the existing international legal provisions on the
prevention, repression and elimination of terrorism in all forms
and manifestations, with the aim of ensuring that there is a
comprehensive legal framework covering all aspects of the matter.
RECALLING General Assembly resolution 51/210 of 17 December
1996, paragraph 3, subparagraph (f), in which the Assembly caned
upon all States to take steps to prevent and counteract, through
appropriate domestic measures, the financing of terrorists and
terrorist organizations, whether such financing is direct or
indirect through organizations which also have or claim to have
charitable, social or cultural goals or which are also engaged in
unlawful activities such as illicit arms trafficking, drug
dealing and racketeering, including the exploitation of persons
for purposes of funding terrorist activities, and in particular to
consider, where appropriate, adopting regulatory measures to
prevent and counteract movements of funds suspected to be intended
for terrorist purposes without impeding in any way the freedom of
legitimate capital movements and to intensify the exchange of
information concerning international movements of such funds.
RECALLING ALSO General Assembly resolution 52/165 of 15
December 1997, in which the Assembly called upon States to
consider, in particular, the implementation of the measures set
out in paragraph 3 (a) to (f) of its resolution 51/210 of 17
December 1996.
RECALLING FUTHER General Assembly resolution 53/108 of 8
December 1998, in which the Assembly decided that the Ad Hoc
Committee established by General Assembly resolution 51/210 of 17
December 1996 should elaborate a draft international convention
for the suppression of terrorist financing to supplement related
existing international instruments.
CONSIDERING that the financing of terrorism is a manner of
grave concern to the international community as a whole.
NOTING that the number and seriousness of acts of
international terrorism depend on the financing that terrorists
may obtain.
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NOTING ALSO that existing multilateral legal instruments do
not expressly address such financing.
BEING CONVINCED of the urgent need to enhance international
cooperation among States in devising and adopting effective
measures for the prevention of the financing of terrorism, as well
as for its suppression through the prosecution and punishment of
its perpetrators,
HAVE AGREED AS FOLLOWS
Article 1
For the purposes of this Convention:
1. "Funds" means assets of every kind, whether tangible or
intangible, movable or immovable, however acquired, and legal
documents or instruments in any form, including electronic or
digital, evidencing title to, or interest in, such assets,
including, but not limited to, bank credits, travelers cheques,
bank cheques, money orders, shares, securities, bonds, drafts,
letters of credit.
1. "A State or governmental facility" means any permanent
or temporary facility or conveyance that is used or occupied by
representatives of a State members of government. the legislature
or the judiciary or by officials or employees or officials of an
intergovernmental organization in connection with their official
duties.
1. "Proceeds" means any funds derived from or obtained,
directly, or indirectly, through the commission of an offence set
forth in Article 2.
Article 2
1. Any 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:
(a) An act which constitutes an offence within the scope
of and as defined in once of the treaties listed in
the annex; or
(b) Any other act intended to cause death or serious bodily
injury to a civilian, or to any other person not taking
an active part in the hostilities in a situation of
armed conflict, when the purpose of such act, by its
nature or context, is to intimidate a population, or to
compel a government or an international organization to
do or to abstain from doing any act.
---
1. (a) On depositing its instruments of ratification,
acceptance, approval, or accession, a State Party which
is not a party to a treaty listed in the annex may
declare that, in the application of this Convention to
the State Party, the treaty shall be deemed not to be
included in the annex referred to in paragraph 1,
subparagraph (a). The declaration shall cease to have
effects as soon as the treaty enters into force for the
State Party, which shall notify the depositary of this
fact;
(b) When a State Party ceases to be a party to a treaty
listed in the annex, it may make a declaration as
provided for in this Article with respect to that
treaty.
1. For an act to constitute an offence set forth in paragraph 1,
it shall not be necessary that the funds were actually used
to carry out an offence referred to in paragraph 1,
subparagraph (a) or (b).
1. Any person also commits an offence if that person attempts
to commit an offence as set forth in paragraph 1 of this
Article.
1. Any person also commits an offence if that person:
(a) Participates as an accomplice in an offence as set
forth in paragraph 1 or 4 of this Article;
(b) Organizes or directs others to commit an offence as set
forth in paragraph 1 or 4 of this Article;
(c) Contributes to the commission of one or more offences
as set forth in paragraph 1 or 4 of this Article by a
group of persons acting with a common purpose. Such
contribution shall be intentional and shall either:
(1) Be made with the aim of furthering the criminal
activity or criminal purpose of the group, where
such activity or purpose involves the commission
of an offence as set forth in paragraph 1 of this
Article; or
(2) Be made in the knowledge of the intention of he
group to commit an offence as set forth in
paragraph 1 of this Article.
Article 3
This Convention shall not apply where the offence is
committed within a single State, the alleged offender is a
national of that State and is present in the territory of that
State and no other State ha a basis under Article 7, paragraph 1,
or Article 7, paragraph 2, to exercise jurisdiction in those
cases.
Article 4
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Each State Party shall adopt such measures as may be
necessary:
(a) To establish as criminal offences under its domestic law the
offences set forth in Article 2;
(b) To make those offences punishable by appropriate penalties
which take into account the grave nature of the offences.
Article 5
1. Each State Party in accordance with its domestic legal
principles, shan take the necessary measures to enable a legal
entity located in its territory or organized under its laws to be
held liable when a person responsible for the management or
control of that legal entity has, in that capacity, committed an
offence set forth in Article 2. Such liability may be criminal,
civil or administrative.
1. Such liability is incurred without prejudice to the
criminal liability of individuals haying committed the offences.
1. Each State Party shall ensure, in particular that legal
entities liable in accordance with paragraph 1 above are subject
to effective, proportionate and dissuasive criminal, civil or
administrative sanctions.
Such sanctions may include monetary sanctions.
Article 6
Each State Party shall adopt such measures as may be
necessary including, where appropriate, domestic legislation, to
ensure that criminal acts within the scope of this Convention are
under no circumstances justifiable by considerations of a
political, philosophical, ideological, racial, ethnic, religious,
and other similar nature.
Article 7
1. Each State Party shall take such measures as may be
necessary to establish its jurisdiction over the offences set
forth in Article 2 when :
(a) The offence is committed in the territory of that State;
(b) The offence is committed ob board a vessel fiying the flag of
the State or an aircraft registered under the laws the State
at the time the offence is committed;
(c) The offence is ccmmitted by a national of that State.
1. A State Party may also establish its jurisdiction over
any such offence when:
(a) The offence was directed towards or resulted in the carrying
out of an offence referred to in Article 2, paragraph 1,
subparagraph (a) or (b), in the territory of or against a
national of that State;
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(b) The offence was directed towards or resulted in the carrying
out of an offence referred to in Article 2, paragraph 1,
subparagraph (a) or (b), against a State or government
facility of that State abroad, including diplomatic or
consular premises of that State;
(c) The offence was directed towards or resulted in an offence
referred to in Article 2, paragraph 1, subparagraph (a) or
(b), committed in an attempt to compel that State to do or
abstain from doing ay act;
(d) The offence is committed by a stateless person who has his or
her habitual residence in the territory of that State;
(e) The offence is committed on board an aircraft which is
operated by government of that State.
1. Upon ratifying, accepting, approving, acceding to this
Convention, each State Party shall notify the Secretary General of
the United Nations of the jurisdiction it has established in
accordance with paragraph 2. Should any change take place, the
State Party concerned shall immediately notify the Secretary-
General?
1. Each State Party shall likewise take such measures as
may be necessary to establish its jurisdiction over the offences
set forth in Article 2 in cases where the alleged offender is
present in its territory and it does not extradite that person to
any of the States Parties that have established their jurisdiction
in accordance with paragraphs 1 or 2.
1. When more than one State Party claims jurisdiction over
the offences set forth in Article 2, the relevant States Parties
shall strive to coordinate their actions appropriately, in
particular concerning the conditions for prosecution ant the
modalities for mutual legal assistance.
1. Without prejudice to the norms of general international
law, this Convention does not exclude the exercise of any criminal
jurisdiction established by a State Party in accordance with its
domestic law.
Article 8
1. Each State Party shall take appropriate measures, in
accordance with its domestic legal principles, for the
identification, detection, or freezing or seizure of any funds
used or allocated for the purpose of committing the offences set
forth in Article 2 as well as the proceeds derived from such
offences, for purposes of possible forfeiture.
1. Each State Paraty shall take appropriate measures, in
accordance with its domestic legal principles, for the forfeiture
of funds used, or allocated for the purpose of committing the
offences set forth in Article 2 ant the proceeds derived from such
offences.
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1. Each State Party concerned may give consideration to
concluding agreements on the sharing with other States Parties, on
the regular or case by case basis, of the funds derived from
forfeiture referred to in this Article.
1. Each State Party shall consider establishing mechanisms
whereby the funds derived for' forfeiture referred to I this
Article are utilized to compensate the victims of offences
referred in to Article 2, paragraph 1, subparagraph (a) or (b), or
their families.
1. The provisions of this Article shall be implemented
without prejudice to the rights of third parties acting in good
faith.
Article 9
1. Upon receiving information that a person who has
committed or who is alleged to have committed an offence as set
forth in Article 2 may be present in its territory, the State
Party concerned shall take such measures as may be necessary under
its domestic law to investigate the facts contained in the
information.
1. Upon being satisfied that the circumstances so warrant,
the State Party in whose territory the offender or alleged
offender is present shall take the appropriate measures under its
domestic law so as to ensure that person's presence for the
purpose of prosecution or extradition.
1. Any person regarding whom the measures referred to in
paragraph 2 are being taken shall be entitled to:
(a) Communicate without delay with the nearest appropriate
representative of the State of which that person is a
national or which is otherwise entitled to protect that
person's rights or, if that person is a stateless person, the
State in the territory of which that person habitually
resides;
(b) Be visited by a representative of that State;
(c) Be informed of that person's rights under subparagraph (a)
and (b).
1. The rights referred to in paragraph 3 shall be exercised
in conformity with the laws and regulations of the State in the
territory of which the offender or alleged offender is present,
subject to the provision that the said laws and regulations must
enable full effect to be given to the purposes for which the
rights accorded under paragraph 3 are intended.
1. The provisions of paragraph 3 and 4 shall be without
prejudice to the right of any State Party having a claim to
jurisdiction in accordance with Article 7, paragraph 1,
subparagraph (b), or paragraph 2 subparagraph (b), to invite the
---
International Committee of the Red Cross to communicate with and
visit the alleged offender.
1. When A State Party pursuant to the present Article, has
taken a person into custody, it shall immediately notify, directly
or through the Secretary General of the United Nations, the States
Parties which have established jurisdiction in accordance with
Article 7, paragraph 1 or 2, and, if it considers it advisable,
any other interested States Parties, of the fact that such person
is in custody and of the circumstances which warrant that person's
detention. The States which makes the investigation contemplated
in paragraph 1 shall promptly inform the said States Parties of
its finding and shall indicate whether it intends to exercise
jurisdiction.
Article 10
1. The State Party in the territory of which the alleged
offender is present shall, in cases to which Article 7 applies, if
it does no extradite that person, be obliged, without exception
whatsoever and whether or not the offence was committed in its
territory, to submit the case without undue delay to its competent
authorities for the purpose of prosecution, through
proceedings in accordance with the laws of that State. Those
authorities shall take their decision in the same manner as in the
case of any other offence of a grave nature under the law of that
State.
1. Whenever a State Party is permitted under its domestic
law to extradite or otherwise surrender one of its nationals only
upon the condition that the person will be returned to that State
to serve the sentence imposed as a result of the trial or
proceeding for which the extradition or surrender of the person
was sought, and this State and the State seeking the extradition
of the person agree with this option and other terms they may deem
appropriate, such a conditional extradition or surrender shall be
sufficient to discharge the obligation set forth in paragraph 1.
Article 11
1. The offences set forth in Article 2 shall be deemed to
be included as extraditable offences in any extradition treaty
existing between any of the States Parties before the entry into
force of this Convention. States Parties undertake to include such
offences as extraditable offences in every extradition treaty to
be subsequently concluded between them.
1. When the State Party which makes extradition conditional
on the existence of a treaty receives a request for extradition
from another State Party with which it has no extradition treaty,
the requested State Party may, at its option, consider this
Convention as a legal basis for extradition in respect of the
offences set forth in Article 2. Extradition shall be subject to
the other conditions provided by the law of the requested State.
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1. States Parties which do not make extradition conditional
on the existence of treaty shall recognize the offences set forth
in Article 2 as extraditable offences between themselves, subject
to the conditions provided by the law of the requested State.
1. If necessary, the offences set forth in Article 2 shall
be treated, for the purposes of extradition between States
Parties, as if they had been committed not only in the piace in
which they occurred but also in the territory of the States that
have establishes jurisdiction in accordance with Article 7,
paragraph 1 and 2.
1. The provisions of all extradition treaties and
arrangements between States Parties with regard to offences set
forth in Article 2 shall be deemed to be modified as between
States Parties to the extent that they are incompatible with this
Convention.
Article 12
1. States Parties shall afford one another the greatest
measures of assistance in connection with criminal investigations
or criminal or extradition proceedings in respect of the offences
set forth in Article 2, including assistance in obtaining evidence
in their possession necessary for the proceedings.
1. States Parties may not refuse a request for mutual legal
assistance on the ground of back secrecy.
1. The requesting Party shall not transmit nor use
information or evidence furnished by the requested Party for
investigation, prosecutions or proceedings other than those stated
in the request without the prior consent of the requested party.
1. Each State Party may give consideration to establishing
mechanisms to share with other States Parties information or
evidence needed to establish criminal, civil or administrative
liability pursuant o Article 5.
1. States Parties shall carry out their obligations under
paragraph 1 and 2 in conformity with any treaties or other
arrangements on mutual legal assistance or information exchange
that may exist between them. In the absence of such treaties or
arrangements, States Parties shall afford one another assistance
in accordance with their domestic law.
Article 13
None of the offences set forth in Article 2 shall be
regarded, for the purposes of extradition or mutual legal
assistance, as a fiscal offence.
Accordingly, States Parties may not refuse a request for
extradition or for mutual legal assistance on the sole ground that
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it concerns a fiscal offence.
Article 14
None of the offences.. sef forth in Article 2 shall be
regarded, for the purposes of extradition or mutual legal
assistance as a political offence or as an offence connected with
a political offence or as an inspired by political motives.
Accordingly, a request for extradition or for mutual legal
assistance based on such an offence may not be refused on the sole
ground that it concerns a political offence or an offence
connected with a political offence or an offence inspired by
political motives.
Article 15
Nothing in this Convention shall be interpreted as imposing
an obligation to extradite or to afford mutual legal assistance,
if the requested State Party has substantial grounds for believing
that the request for extradition for offences set forth in Article
2 or for mutual legal assistance with respect to such offences has
been made for the purpose of prosecuting or punishing a person on
account of that person's race, religion, nationality, ethnic
origin or political opinion or that compliance with the request
would cause prejudice to that person's position for any of these
reasons.
Article 16
1. A person who is being detained or is serving a sentence
in the territory of one State Party whose presence in another
State Party is requested for purposes of identification, testimony
or otherwise providing assistance in obtaining evidence for the
investigation or prosecution of offences set forth in Article 2
may be transferred if the following conditions are met:
(a) The person freely gives his or her informed consent;
(b) The competent authorities of both States agree, subject to
such conditions as those States may deem appropriate.
1. For the purposes of the present article:
(a) The State to which the person is transferred shall have the
authority and obligation to keep the person transferred in
custody, unless otherwise requested or authorized by the
State from which the person was transferred;
(b) The State to which the person is transferred shall without
delay implement its obligation to return the person to the
custody of the State from which the person was transferred as
agreed beforehand or as otherwise agreed, by the competent
authorities of both States;
(c) The State to which the person is transferred shall not
require the State from which the person was transferred to
initiate extradition proceedings for the return of the
person;
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(d) The person transferred shall receive credit for service of
the sentence being served in the State from which he or she
was transferred for time spent in the custody of the State to
which he or she was transferred.
1. Unless the State Party from which a person is to be
transferred in accordance with the present Article so agrees, that
person, whatever his or her nationality, shall not be prosecuted
or detained or subjected to any other restriction of his or her
personal liberty in the territory of the State to which that
person is transferred in respect of acts or convictions anterior
to his or her departure from the territory of the State from which
such person was transferred.
Article 17
Any person who is taken into custody or regarding whom any
other measures are taken or proceedings are carried out pursuant
to this Convention shall be guaranteed fair treatment, including
enjoyment off all rights and guarantees in conformity with the law
of the State in the territory of which that person in present and
applicable provisions of international law, including
international human rights law.
Article 18
1. States Parties shall cooperate in the prevention of the
offences set forth in Article 2 by taking all practicable
measures, inter alia, by adapting their domestic legislation, if
necessary, to prevent and counter preparations in their respective
territories for the commission of those offences within or outside
their territories, including:
(a) Measures to prohibit in their territories illegal activities
ot persons and organizations that knowingly encourage,
instigate, organize or engage in the commission of offences
set forth in Article 2;
(b) Measuies requiring financial institutions and other
professionis involved in financial transactions to utilize
the most efficient measures available for the identification
of their usual or occasional customers, as well as customers
in whose interest accounts are opened, and to pay special
attention to unusual or suspicious transactions and report
transactions suspected of stemming from a criminal activity.
For this purpose, States Parties shall consider:
(i) Adopting regulations prohibiting the opening of accounts
the holders or beneficiaries of which are unidentified
or unidentifiable, and measures to ensure that such
institutions verify the identity of the real owners of
such transactions;
(ii) With respect to the identification of legal entities,
requiring financial institutions, when necessary, to
take measures to verify the legal existence and the
structure of the customer by obtaining, either from a
public register or from the customer or both, proof of
---
incorporation, including information concerning the
customer's name, legal form, address, directors, and
provisions regulating the power to bird the entity;
(iii) Adopting regulations imposing on financial institutions
the obligation to report promptly to the competent
authorities all complex, unusual large transactions and
unusual patterns of transactions, which have no apparent
economic or obviously lawful purpose, without fear of
assuming criminal or civil liability for breach of any
restriction on disclosure of information if they report
their suspicious in good faith;
(iv) Requiring financial institutions to maintain, for at
least five years, all necessary records on transactions,
both domestic or international.
1. States Parties shall further cooperate in the prevention
of offences set forth in Article 2 by considering:
(a) Measures for the supervision, including, for example, the
licensing, for all money transmission agencies;
(b) Feasible measures to detect or monitor the physical
cross-border transportation of cash and bearer negotiable
instruments, subject to strict safeguards to ensure proper
use of information and without impeding in any way the
freedom of capital movements.
1. State Parties shall further cooperate in the prevention
of the offences set forth in Article 2 by exchanging accurate and
verified information in accordance with their domestic law and
coordinating administrative and other measures taken, as
appropriate, to prevent the commission of offences set forth in
Article 2, in particular by:
(a) Establishing and maintaining channels of communication
between their competent agencies and services to facilitate
the secure and rapid exchange of information concerning all
aspects of offences set forth in Article 2;
(b) Cooperating with one another in conducting inquiries, with
respect to the offences set forth in Article 2, concerning:
(i) The identity, whereabouts and activities of persons in
respect of whom reasonable suspicion exists that they
are involved in such offences;
(ii) The movement of funds relating to the commission of such
offences.
1. States Parties may exchange information through the
International Criminal Police Organization (Interpol).
Article 19
The State Party where the alleged offender is prosecuted
shall, in accordance with its domestic law or applicable
procedures, communicate the final outcome of the proceedings to
the Secretary-General of the United Nations, who shall transmit
the information to the other States Parties.
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Article 20
The States Parties shall carry out their obligations under
this Convention in a manner consistent with the principles of
sovereign equality and territorial integrity of States and that of
non-intervention in the domestic affairs of other States.
Article 21
Nothing in this Convention shall affect other rights,
obligations and responsibilities of States and individuals under
international law, in particular the purposes of the Charter of
the United Nations, international humanitarian law, and other
relevant conventions.
Article 22
Nothing in this Convention entitles a State Party to
undertake in the territory of another State Party the exercise of
jurisdiction or performance of functions which are exclusively
reserved for the authorities of that other State Party by its
dcmestic law.
Article 23
1. The annex may be amended by the addition of relevant
treaties that :
(a) Are open to the participation of all States;
(b) Have entered into force;
(c)Have. been ratified, accepted, approved or acceded to by at
least twenty-two. States Parties to the present Convention.
1. After the entry into force of this Canvention, any State
Party may propose such an amendment. Any proposal for an amendment
shall be communicated to the depository in written form. The
depository shall notify proposals that meet the requirements of
paragraph 1 to all States Parties and seek their views on whether
the proposed amendments should be adopted.
1. The proposed amendment shall be deemed adopted unless
one third of the States Parties object to it by a written
notification not later than 180 days after its circulation.
1. The adopted amendment to the annex shall enter into
force 30 days after the deposit of the twenty-second instruments
of ratification, acceptance, er approval of such amendment for all
those States Parties having deposited such an instrument. For each
State Party ratifying, accepting or approving the amendment after
the deposit of the twenty second instrument, the amendment shall
enter into force cn the thirtieth day after deposit by such State
Party of its instrument of ratification,
acceptance, or approval.
Article 24
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1. Any dispute between two or more States Parties
concerning the interpretation or application of this Convention
which cannot be settled through negotiation within a reasonable
time shall, at the request of one of them, be submitted to
arbitration. If, within six months from the date of the request
for arbitration, the Parties are unable to agree on the
organization of the arbitration, any one of those Parties may
refer the dispute to the International Court of Justice, by
application, in conformity with the Statute of the Court.
1. Each State may at the time of signature, ratification,
acceptance or approval of this Convention or accession thereto
declare that it does not consider itself bound by paragraph 1. The
other State Parties shall not be bound by paragraph 1 with respect
to any State Party which has made such a reservation.
1. Any State which has made a reservation in accordance
with paragraph 2 may at any time withdraw that reservation by
notification to the Secretary-General of the United Nations.
Article 25
1. This Convention shall be open for signature by all
States from 10 January 2000 to 31 December 2001 at United Nations
Headquarters in New York.
1. This Convention is subject to ratification, acceptance
or approval. The instruments of ratification, acceptance or
approval shall be deposited with the Secretary-General of the
United Nations.
1. This Convention shall be open to accession by any State.
The instrument of accession shall be deposited with the
Secretary-General of the United Nations.
Article 26
1. This Convention shall enter into force on the thirtieth
day following the date of the deposit of the twenty- second
instrument of ratification, acceptance, approval or accession with
the Secretary-General of the United Nations.
1. For each State ratifying, accepting, approving or
acceding to this Convention after the deposit of the twenty-
second instrument of ratification, acceptance, approval or
accession, the Convention shall enter into force on the thirtieth
day after date of deposit by such State of its instrument of
ratification, acceptance, approval or accession.
Article 27
1. Any State Party may denounce this Convention by written
notification to the Secretary-General of the United Nations.
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1. Denunciation shall take effect one year following the
date on which notification is received by the Secretary-General of
the United Nations.
Article 28
The original of this Convention, of which the Arabic,
Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited with the Secretary-General of the
United Nations, who shall send certified copies thereof to all
States.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto
by their respective Governments, have signed this Convention,
opened for signature at United Nations Headquarters in New York on
10 January 2000.
Annex
1. Convention for the Suppression of Unlawful Seizure of
Aircraft, done at The Hague on 16 December 1970.
1. Convention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation, done at Montreal on 23 September
1971.
1. Convention on the Prevention and Punishment of Crimes
against Internationally Protected Persons, including
Diplomatic Agents, adopted by the General Assembly of the
United Nations on 14 December 1973.
1. International Convention against the Taking of Hostages,
adopted by the General Assembly of the United Nations on 17
December 1979.
1. Convention on the Physical Protection of Nuclear Material,
adopted at Vienna on 3 March 1980.
1. Protocol for the Suppression of Lawful Acts of Violence at
Airports Serving International Civil Aviation, supplementary
to the Convention for the Suppression of Unlawful Acts
against the Safety or Civil Aviation, done at Montreal on 24
February 1988.
1. Convention for the Suppression of Unlawful Acts against the
Safety of Maritime Navigation, done at Rome on 10 March
1988.
1. Protocol for the Suppression of Unlawful Acts against the
Safety of Fixed Platforms located on the Continental Shelf,
done at Rome on 10 March 1988.
1. International Convention for the Suppression of Terrorist
Bombing, adopted by General Assembly of the United Nations
on 15 December 1997.
KONVENSI INTERNASIONAL
PEMBERANTASAN PENDANAAN TERORISME
Mukadimah
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Negara-Negara Pihak pada Konvensi ini,
Mengingat tujuan-tujuan dan prinsip-prinsip Piagam
Perserikatan Bangsa-Bangsa mengenai pemeliharaan perdamaian dan
keamanan internasional dan peningkatan hubungan bertetangga baik
dan bersahabat dan kerjasama di antara Negara-negara,
Memperhatikan dengan seksama atas meningkatnya tindakan-
tindakan terorisme yang mendunia dalam segala bentuk dan
manifestasinya,
Mengingat Deklarasi peringatan 50 tahun berdirinya
Perserikatan Bangsa-Bangsa yang termuat dalam Resolusi Majelis
Umum nomor 50/6 tanggal 24 Oktober 1995,
Mengingit juga semua Resolusi-Resolusi Majelis Umum yang
berkaitan dengan masalah tersebut, termasuk resolusi nomor 49/60
tanggal 9 Desember 1994 dan annexnya pada Deklarasi tentang
Upaya-upaya dalam rangka untuk Menghapus Terorisme Internasional,
di mana Negara-negara anggota Perserikatan Bangsa-Bangsa
menegaskan kecaman mereka secara sungguh-sungguh pada seluruh
tindakan, metode dan praktek-praktek terorisme sebagai kejahatan
dan tidak dapat dibenarkan, dimanapun dan oleh siapapun dilakukan.
termasuk yang merusak hubungan bersahabat di antara Negara-negara
dan rakyat dan mengancam integritas teritorial dan keamanan
Negara-negara.
Mencatat bahwa Deklarasi ten tang Upaya-upaya untuk Menghapus
Terorisme Internasional juga mendorong Negara-negara untuk
meninjau dengan segera ruang lingkup ketentuan-ketentuan hukum
internasional yang ada mengenai pencegahan penindasan dan
penghapusan terorisme dalam segala bentuk dan manifestasinya
dengan tujuan menjamin terdapatnya suatu kerangka hukum yang
komprehensif yang mencakup segala aspek permasalahannya.
Mengingat ayat 3 (f) Resolusi Majelis Umum Perserikatan
Bangsa-Bangsa Nomor 51/210 tanggal 17 Desember 1996 di mana
Majelis Umum meminta kepada semua Negara untuk mengambil
langkah-langkah untuk mencegah dan menangkal melalui
tindakan-tindakan dalam negeri yang dibenarkan pendanaan teroris
dan organisasi teroris, baik pendanaan tersebut secara langsung
maupun tidak langsung melalui organisasi-organisasi yang mempunyai
atau menyatakan diri bertujuan untuk kegiatan-kegiatan amal,
sosial, dan kebudayaan atau organisasi-organisasi yang juga
terlibat dalam tindakan-tindakan melawan hukum seperti jaringan
perdagangan senjata gelap transaksi narkoba dan penggelapan uang,
termasuk pengeksploitasian orang-orang dengan tujuan pendanaan
kegiatan-kegiatan teroris, dan khususnya mempertimbangkan, bila
dianggap perlu menetapkan peraturan perundang undangan untuk
mencegah dan menangkal pergerakan-pergerakan dana yang dicurigai
akan dipergunakan untuk tujuan-tujuan teroris tanpa menghalangi
kebebasan pergerakan-pergerakan modal yang sah menurut hukum dan
untuk mengintensifkan pertukaran informasi mengenai pergerakan-
pergerakan internasional dana-dana tersebut.
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Mengingat juga Resolusi Majelis Umum Nomor 52/165 tanggal 15
Desember 1997, di mana Majelis Umum meminta kepada Negara-negara
untuk mempertimbangkan, secara cermat, penerapan dari tindakan-
tindakan seperti yang telah diterapkan dalam ayat 3 (a) hingga (f)
Resolusi Majelis Umum 51 /210 tanggal 17 Desember 1996 tersebut,
Mengingat lebih jaun Resolusi Majelis Umum Nomor 53/108
tanggal 8 Desember 1993, di mana Majelis Umum memutuskan bahwa
Komite Ad Hoc yang dibentuk berdasarkan Resolusi Majelis Umum
nomor 51/210 tanggal 17 Desember 1996 harus membuat rancangan
konvensi internasional tentang pemberantasan pendanaan terorisme
untuk melengkapi instrumen-instrumen internasional terkait yang
ada,
Menimbang bahwa pendanaan teroris merupakan masalah yang
serius bagi masyarakat internasional secara keseluruhan,
Memperhatikan bahwa jumlah dan keseriusan tindakan-tindakan
terorisme internasional tergantung pada pendanaan yang diperoleh
para teroris,
Memperhatikan juga bahwa instrumen-instrumen hukum
multilateral yang ada tidak mengatur secara tegas tentang
pendanaan tersebut,
Meyakini akan kepentingan yang mendesak untuk meningkatkan
kerjasama internasional antar Negara-negara dalam perencanaan dan
pengambilan tindakan-tindakan yang efektif untuk mencegah
pendanaan terorisme, sebagaimana terhadap pemberantasannya melalui
proses penuntutan dan penghukuman terhadap para pelakunya,
Telah menyetujui sebagai berikut :
