Frequently Asked Questions on Law No. 6415
Legal Framework of CFT
The Offence of Financing of Terrorism
Terrorist Asset Freezing Mechanism
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Frequently Asked Questions on Law No. 6415
 

1- What arrangements have been set forth under the Law No. 6415 on the Prevention of the Financing of Terrorism?

The arrangements have been set forth in three fields basically under this Law:

i. “The offence of financing of terror” established in article 8 of Anti-Terror Law No:3713 before enactment of this law was abolished and has been set forth newly by making amendment into the definition of the offence to comply with the requirements under the UN Convention for the Suppression of Financing of Terrorism to which Turkey is a party.

ii. The mechanism to freeze the assets of designated persons in the annex of the Resolution 1267 (1999) of United Nations Security Council on “Taliban” and “Al-Qaeda” which was executed by issuing decision by the Council of Ministers before entry into force of this law has been set forth in this Law in parallel with executions so far.

iii. An administrative mechanism which can be run through the Council of Ministers Decision has been established to carry out the requests made by foreign countries for freezing of assets of persons, institutions and organizations of whom there are reasonable grounds for carrying out terrorist acts or providing fund for this kind of acts on the basis of principle of mutuality. Basing on the same decision, our country can also make request to foreign countries for freezing of assets of persons, institutions and organizations of whom there are reasonable grounds for carrying out terrorist acts or providing fund for this kind of acts.

2- Scope of the offence of the financing of terrorism?

Providing or collecting funds for a terrorist or terrorist organisations with the intention that they are used or knowing and willing that they are to be used in perpetration of the acts for which providing or collecting funds are forbidden that are listed within the scope of Article 3 institutes the offence of the financing of terrorism.

3- Acts for which Providing or Collecting Funds are Forbidden?

The acts are as follows:

a) Acts intended to cause death or serious bodily injury for the purpose of intimidating or suppressing a population or compelling a government or an international organisation to do or to abstain from doing any act,
b) Acts set forth as terrorist offences within the scope of the Anti Terror Law No.3713 dated 12/04/1991,
c) Acts that are forbidden and stipulated as offence in 9 Conventions and Protocols which are in the annex of 1999 International Convention for the Suppression of Financing of Terrorism to which Turkey is a party.

4- How will the asset freezing be carried out under the Law?

Council of Ministers will make decisions regarding the persons listed under UNSC Resolution 1267(1999) due to being in connection with Taliban and Al-Kaide. On the other hand, in case of an assets freezing request received from another country related to any person, institution or organisation, this request will be assessed by the Assessment Commission to be built up under the Law, and the Council of Ministers will make a decision accordingly. The followings will be taken into account before the decision is made:

- Reciprocity principle is sought during the assessment,
- For a decision to be taken, the request should include the grounds for the freezing of assets,
- For execution of the asset freezing request an assurance may be requested from the related country,
- Moreover, if the requesting country does not initiate an investigation in one year following the decision on assets freezing, the decision on assets freezing may be repealed.

The Assessment Commission, based on reasonable grounds that the person, institution or organisations have committed terrorist acts in Turkey or financed terrorism, may decide to make suggestion to the Council of Ministers on requesting for freezing of their assets in foreign countries. The Assessment Commission may also decide, based on reasonable grounds that the person, institution or organisations have committed terrorist acts in Turkey or financed terrorism, to make denunciation with a request for initiating an investigation on those related to the assets in Turkey in accordance with the Criminal Procedure Code No.5271.

As it is clearly seen, the Law does not establish a new measurement mechanism regarding the terrorist financing offence committed in Turkey. In case of the commission of this offence in Turkey, the Turkish Criminal Code and the Criminal Procedure Code will apply as it has always been. Thus, neither the Council of Ministers nor the Assessment Commission has the power of freezing of assets related to terrorist financing offence committed in Turkey.

5- What are the powers and duties of the Council of Ministers under this Law?

a) To make decisions on freezing of assets under the possession of persons, institutions and organisations designated through the United Nations Security Council Resolutions 1267(1999), 1988 (2011) on “Taliban” and 1989 (2011) on “Al-Kaide”.
b) To make decisions on the requests received from foreign countries on freezing of assets in Turkey related to terrorist financing offence committed in a foreign country.
c) To send assets freezing requests to foreign countries regarding terrorist financing offence.

6- Which duties and powers have been granted to Assessment Commission within the scope of this Law?

The Assessment Commission
 

- assesses the requests made by foreign countries for freezing the assets that are in Turkey and under the possession of a person or an entity and submits the results of the assessment to the Council of Ministers.
 

- reports relevant persons to Public Prosecutor’s Office in connection with the asset in Turkey with the request of investigation under the Criminal Procedure Law No.5271 dated 4/12/2014.
 

- submits proposals to the Council of Ministers with a request for freezing of assets in foreign countries in relation to the offence of financing of terrorism committed in Turkey.
 


7- What does freezing of assets mean? How will a person whose assets are frozen subsist?

Management of the assets decided to be frozen will be under the responsibility of the relevant natural or legal person. However, except for actions allowed by MASAK, obliteration, consumption, conversion, transfer, assignment, conveyance of the asset and other dispositional actions on assets are prohibited. Permission for spending from the frozen assets may be granted in order to ensure subsistence of the person whose assets have been frozen and of the relatives of whom he/she is obliged to take care, or continuance of operations of the business enterprises or other legal persons whose assets have been frozen.

8- Which actions can those whose assets have been frozen take against such decisions?

Under Law No. 2575 on Council of State and Law No. 2577 on Procedure of Administrative Justice, applications can be made and lawsuits can be brought against decisions made by Council of Ministers for freezing of assets. Besides, applications against lists made within the scope of United Nations Security Council Resolution 1267 (1999) on Taliban and Al-Qaida will be conveyed to the United Nations Security Council by MASAK through the Ministry of Foreign Affairs. Ombudsmen will assess and make a decision on unfreezing requests.
 

9- What are the penalties stipulated in this Law?

For the offence of financing of terrorism,
 

- The perpetrator will be punished by an imprisonment for a term of five years to ten years unless such act constitutes a serious offence requiring a heavier penalty.
- In cases where the offence is committed through undue influence in the public service, the punishment to be imposed shall be increased by half.
- In cases where the offence is committed within the framework of a legal person’s activity, security measures peculiar to legal persons shall be applied.
- Persons who do not obey or who neglect or delay to obey the decision made regarding freezing of assets shall be punished by an imprisonment for a term of six months to two years or a judicial fine unless such act constitutes a serious offence requiring a heavier penalty.

- In case that the person who does not obey the decision on freezing of assets is an organ or a representative of a legal person; or a person, who is not the organ or representative but undertakes a duty within the scope of that legal person’s operational framework, this legal person shall also be punished by an administrative fine of 10,000 to 100,000 Turkish Liras.

10- What are the duties and powers of MASAK under this Law?

a) Conducting the necessary financial research related to freezing of assets and submitting research results to the Commission.
b) Being responsible for the execution of decision on freezing of assets.
c) Making requests to the relevant public institutions and organizations for the execution of the assets freezing relating to the natural and legal persons within which frozen assets are held.
d) Giving permissions to acts specified in the Article 13(2) and (3) of the Law with regard to management of the frozen assets,
e) Notifying the repealing decisions to relevant person, institution or organization implementing the freezing decision,
f) Controlling whether persons, institutions and organizations within which frozen assets are held act in compliance with the provisions of this Law and whether the frozen asset is managed in conformity with the provisions of the law.
g) Ensuring the submission of the applications against the decision of the UNSC to Ministry of Foreign Affairs so as to be conveyed to United Nations Security Council.
h) Performing the Secretariat services of the Commission

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1- Amended with the Law No. 5532 dated 18.07.2006.
2- Anti- Smuggling Law No.4926 was abolished with article 25 of Anti- Smuggling Law No.5607. In transitory article 1 of Anti-Smuggling Law No.5607, it is established that the references made to Anti- Smuggling Law No.4926 will be considered as references made to Anti- Smuggling Law No.5607.