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Cablegate: Progress Toward a Terrorism Financing Law

VZCZCXRO7530
OO RUEHDT RUEHPB
DE RUEHJA #1995/01 3381007
ZNR UUUUU ZZH
O 041007Z DEC 09
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4004
INFO RUEAWJA/DEPT OF JUSTICE WASHINGTON DC PRIORITY
RUCNARF/ASEAN REGIONAL FORUM COLLECTIVE PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC
RUEHGP/AMEMBASSY SINGAPORE 6660

UNCLAS SECTION 01 OF 02 JAKARTA 001995

SENSITIVE
SIPDIS

DEPT FOR EAP, EAP/MTS, EAP/RSP, INR/EAP, S/CT FOR MAHANTY, INL FOR
CARLON/BLOOMQUIST, EEB/ESC/TFS
DOJ FOR AAG SWARTZ, OPDAT FOR ALEXANDRE/BERMAN/HAKIM
NCTC
NSC FOR J.BADER, D.WALTON
KUALA LUMPUR FOR G.CHAPMAN
TREASURY FOR IA, TFFC, OIA AND FINCEN
SINGAPORE FOR S.BLEIWEIS

E.O. 12958: N/A
TAGS: PGOV PREL PTER KCRM KJUS KTFN EFIN SNAR PHUM ASEC ID
SUBJECT: PROGRESS TOWARD A TERRORISM FINANCING LAW

1. (SBU) Summary: On November 18, 2009, an Indonesian inter-agency
drafting team and experts from the National Security Division of the
US Department of Justice (U.S. DOJ), the FBI, U.S. Treasury, the
UNODC and DOJ OPDAT met in Jakarta to continue work on a terrorism
financing law. The current draft law represents a significant
improvement over Indonesia's 2003 terrorism financing law. It
widens criminal liability for terrorism financing activities,
imposes reporting requirements upon a broad array of financial
service providers, and establishes a procedure to freeze terrorist
assets pursuant to UNSCRs 1267 and 1373. Non-profit organizations
(NPOs) will be subject to the terrorism financing law, but will be
regulated by a different, yet to be determined government agency.
Although further editing remains to be done, the drafting team plans
to submit the legislation to parliament for inclusion in the
2009-2010 legislative agenda. This is the second major piece of
criminal legislation drafted in Indonesia this fall with INL
funding. End Summary.

2. (SBU) In response to international criticism of Indonesia's
terrorism law, the Indonesian Financial Intelligence Unit (PPATK)
requested DOJ OPDAT to assist in drafting a new terrorism financing
statute. PPATK assembled an inter-agency drafting team that
included representatives from the Indonesian National Police, the
Attorney General's Task Force on Terrorism and Transnational Crime
(SATGAS), Bank Indonesia, the Ministry of Law and Human Rights and
the Ministry of Foreign Affairs. In September 2009, DOJ OPDAT
sponsored a three-day drafting conference that produced the initial
draft of a terrorism financing statute. At the conclusion of the
drafting session, the team asked U.S.DOJ and UNODC to review the law
for conformance with international conventions and FATF standards.

3. (U) On November 18, 2009, experts from U.S. DOJ (Karl Sandoval,
National Security Division), the FBI (David Jensen, Office of
General Counsel and Special Agent Alvie Price, Terrorist Financing
Operations Section), U.S. Treasury (Derek Politzer, Office of
Terrorism and Financial Intelligence), Vipon Kititasnasorchai of
the Terrorism Prevention Branch, UNODC Bangkok and Embassy RLA met
with the inter-agency drafting team in Jakarta to critique and edit
the September draft of the terrorism financing law. The Canadian
Department of Justice also reviewed the draft statute and supplied
written comments.

NON PROFIT ORGANIZATIONS
------------------------
4. (SBU) The experts primary criticism at the second drafting
conference was the bill's failure to explicitly address and regulate
the use of NPOs to finance terror. The 2008 FATF review of
Indonesia by the Asian Pacific Group on Money Laundering had
cautioned that the lack of regulation and oversight made NPOs
particularly vulnerable to misuse for money laundering and terrorism
financing. Citing political and religious sensitivities, the
drafting team responded that it was politically unfeasible to
explicitly incorporate NPOs in a terrorism financing bill. However,
Muhammad Yusuf, Deputy Chief, PPATK, stated that NPOs would be
subject to the terrorism financing law, would be required to file
suspicious transaction reports and could be prosecuted for terrorism
financing activities under the statute. Another PPATK interlocutor
stated that PPATK understood that the lack of NPO regulation posed a
serious threat and explained that the Government of Indonesia was
completing a NPO census as a first step to determine how to better
regulate and monitor NPO activities.

FREEZING TERRORIST ASSETS
-------------------------
5. (SBU) Indonesia currently lacks an effective mechanism to freeze
terrorist assets in conformance with UNSCRs 1267 and 1373. The
draft bill sets forth a two-step freezing process consisting of an
initial restraint by a financial service provider followed by the
issuance of a freeze order by the PPATK. This is a cumbersome
procedure which requires prompt, coordinated action by banking
officials and government agencies within a three-day period provided
in the draft law. The provision places too much responsibility and
affords too much discretion to financial service providers who, in
some instances, must determine what to do with the restrained assets
in the absence of timely direction from PPATK. Further, in some
instances, it is unlikely that three days will be enough time to
determine whether to issue a freeze order. Nonetheless, the statute

JAKARTA 00001995 002 OF 002


ostensibly complies with UNSCR 1267 and 1373. How the Government of
Indonesia implements these provisions will determine their
effectiveness.

CONCLUSION
----------
6. (SBU) Work remains to be done upon the draft law. A third
drafting session is set for the middle of December to review an
additional 20 articles. Nevertheless, the draft is an important
step forward. It widens criminal liability for terrorist financing
acts, provides a mechanism to freeze terrorist assets, and applies
to NPOs. Whether the law will survive parliamentary review intact
and whether there is political will to freeze assets and apply the
law to NPOs remains to be seen.

HUME

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