The Norwegian authorities are under a duty to prevent terrorist activities in other parts of the world from being supported by parties located on Norwegian soil. One of PST’s key functions is to prevent the provision of such support.
Support for terrorist activities could come in a number of different forms. For example, the raising and provision of funds to a terrorist network, preparing or falsifying a passport or other document, constitute important support activity.
Other examples of possible activities supporting terrorism include recruitment, illegal/clandestine work, crime for financial gain and drug smuggling.
Financing terrorist activity
On 9 December 1999 the UN adopted the International Convention for the Suppression of the Financing of Terrorism. The Convention was signed by Norway on 1 October 2001, and subsequently incorporated into Norwegian law. While other UN instruments on the suppression of terrorism are directly aimed at different terrorist acts being committed, this convention seeks to suppress the financing of such acts.
The International Convention for the Suppression of the Financing of Terrorism obliges parties to make it a criminal offence to finance any act that is covered by the nine international instruments on the suppression of terrorism, which are found in the annex to the Convention. In addition, the parties have undertaken to make it a criminal offence to finance wilfully any other act whose purpose is to cause death or serious injury to civilians if this is intended to force, threaten or pressure a government or an international organisation to commit or abstain from committing an act. The parties shall put in place measures for identifying and seizing, or freezing if necessary, funds that appear to be earmarked for financing such terrorist acts.
The UN Security Council adopted Resolution 1373 on 28 September 2001. The Resolution demands, inter alia, that states prohibit the financing of terrorist acts and punish anyone who participates in such financing.
As in many other countries, raising and illegal transfer abroad of funds also takes place in Norway. The most significant proportion is thought to be financial support to families and local communities, but it is also possible that part of this can be contributions to the financing of extreme Islamist groups abroad. PTS is responsible for determining whether such activities constitute the financing of terrorism.
Norwegian legislation on the financing of terrorism
Økokrim is the principal Norwegian agency responsible for the investigation of financial crime. If terrorist activity is suspected of being financed from Norway, it becomes necessary for PST and Økokrim to work collaboratively in investigating this.
Økokrim’s responsibilities include investigation of violation of the Act concerning measures to combat the laundering of proceeds etc. (Money Laundering Act). The Act places financial institutions, accountants and related enterprises under a duty to investigate and provide intelligence to assist the Norwegian authorities in uncovering criminal offences.
Section 7 of the Money Laundering Act stipulates that if an organisation that is under a duty to report suspects that a transaction is connected with the proceeds of a criminal act or to offences punishable under sections 147 a or 147 b (terrorist activities), the organisation must investigate further whether the suspicion is justified. If as a result of the investigation the suspicion is not removed, the organisation is obliged to draw Økokrim’s attention to the transaction in question and the reasons for the suspicion.