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

The new terrorism financing offence has been regulated by Articles 3 and 4 of the TF Law No 6415 (Adopted by the Turkish Grand National Assembly on 07th February, 2013 Official Gazette Date : 16.02.2013 Number : 28561) which abrogated the former version of the TF offence in the Article 8 of the Anti-Terror Law No.3713 dated 12/04/1991, reads as follows:

Acts for Which Providing or Collecting Funds are Forbidden

Article 3- (1) It is forbidden to provide or collect funds for perpetration of the
following acts:

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;
1) Convention for the Suppression of Unlawful Seizure of Aircraft, 
2) Convention for the Suppression of Unlawful Acts against the Safety of Civil
Aviation,
3) Convention on the Prevention and Punishment of Crimes against
Internationally Protected Persons, including Diplomatic Agents,
4) International Convention against the Taking of Hostages,
5) Convention on the Physical Protection of Nuclear Material,
6) Protocol for the Suppression of Unlawful Acts of Violence at Airports
Serving International Civil Aviation, Supplementary to the Convention for the Suppression of
Unlawful Acts against the Safety of Civil Aviation,
7) Convention for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation,
8) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed
Platforms Located on the Continental Shelf,
9) International Convention for the Suppression of Terrorist Bombings
to which Turkey is a party.

 

The Offence of the Financing of Terrorism 

 Article 4- (1) Any person who provides or collects funds for a terrorist or terrorist organisations with the intention that they are used or knowing and willing that they are to be used, even without being linked to a specific act, in full or in part, in perpetration of the acts that are set forth as crime within the scope of Article 3 shall be punished by imprisonment for a term of five to ten years, provided that his/her act does not constitute another offence requiring a heavier punishment.
 (2) To impose a penalty in accordance with the provision of paragraph one, it shall not be necessary that the funds have actually been used to commit an offence.
(3) In cases where the offences that fall within the scope of this article are committed through undue influence in the public service, punishment to be imposed shall be increased by half.
(4) 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.
(5) In cases where the offence is committed against a foreign state or an international organization, investigation or prosecution shall be initiated upon the request of Ministry of Justice.
(6) Provisions of Law No.3713 regarding investigation, prosecution and enforcement
shall also apply to this offence.”

Definitions of Terrorist and Terrorist Organization
According to the Article 3(1)(k) and (l) of the Regulation on TF which regulates principles and procedures regarding the new TF Law No 6415, terrorist and terrorist organization are defined as follows;

Article 3 – (1)
(k) Terrorist means the person who perpetrate or attempt to perpetrate the acts stated in Article 3 of the Law.
(l) Terrorist organization means the organization who perpetrate or attempt to perpetrate the acts stated in Article 3 of the Law.”

Thanks to these articles the already existing definition of terrorist and terrorist organisation in Anti Terror Law No.3713 dated 12/04/1991 is enlarged to encompass criminalization of financing of all terrorist acts including those against Turkey and/or other countries. As it is clearly stated in Article 4, providing or collecting funds for an individual terrorist or a terrorist organization is explicitly criminalized. These provisions are in line with the UN Convention for the Suppression of the Financing of Terrorism and FATF criterion.

Turkish legal system does not require linkage between funding and a specific terrorist act. When such a link is established, those who provide financial support shall be sentenced as an associated perpetrator pursuant to the provisions of Articles 37 and 39 of the Turkish Criminal Law. The presence of intentional assistance to a terrorist or terrorist organization is sufficient. Furthermore, the phrase of “even without being linked to a specific act” clarifies this.

On the other hand the phrase of “fund” is interpreted bythe Court of Cassation in very broad manner. The Court of Cassation regarded material support such as rice, cracked wheat, soap, tea, sugar, tomato paste, cheese, socks, cloths, oil, gas, generator, tarpaulin, fertilizer and vehicle battery used to manufacture explosives, binoculars, video camera and gas container, as financial support by considering that their value can be represented by money. The Court of Cassation regards only acts in the form of providing “service” such as hosting terrorists or transporting their belongings as the offense of providing assistance the organization defined in Article 220(7) of the Turkish Criminal Law.

Article 4 of the new TF Law No. 6415 explicitly criminalizes providing or collecting funds for an individual terrorist or a terrorist organization. In order to comprehend this Article clearly it should be read together with provisions of the Anti-Terror Law No. 3713 and the Turkish Criminal Law. Article 314 of the Turkish Criminal Law criminalizes the establishment and commandment (paragraph 1) and being a member (paragraph 2) of an armed organisation. Article 314(3) states that the provisions relating to the forming of an organisation in order to commit offences also apply. Article 220(7) of the Turkish Criminal Law provides that

“Any person, who provides assistance to an organisation knowingly and willingly, although he does not belong to the hierarchic structure within that organisation, shall be sentenced for being a member of such organisation. The penalty to be imposed for being a member of the organisation may be reduced by up to one third according to the nature of the provided assistance”’

It is clearly evinced in these decisions that all provided material to an individual terrorist or to a terrorist organisation, whose value could be measured by money except the assistance in the form of “service” constitutes the offence of financing terrorism. Non financial support to a terrorist organization in the form of service shall be sentenced in accordance to the Article 2007(7) of the Turkish Criminal Law.