EUROPEAN
COMMISSION

Strasbourg, 2.2.2016
COM(2016) 50 final

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT AND THE COUNCIL
on an Action Plan for strengthening the fight against terrorist financing

EN

EN

The recent attacks in the European Union and beyond underlined the need for the EU to work
across all policies to prevent and fight terrorism. Terrorist organisations and individual
terrorists need financing – to maintain their networks, to recruit and supply, and to commit
terrorist acts themselves. Cutting off sources of finance, making it harder to escape detection
when using these funds, and using any information from the financing process to best effect
can all therefore make a powerful contribution to the fight against terrorism.
The challenge of terrorist financing is not new. Key characteristics like the close link with
organised crime networks have been known for many years and EU criminal laws, police
cooperation, as well as legislation to prevent and fight money laundering, already make an
important contribution. However, new trends have emerged, seen in particular in criminal
organisations such as Daesh, as well as the role of returning foreign terrorist fighters.
Today's security challenges need determined, rapid and cohesive action to modernise the
relevant legislation, ensure it is fully implemented, cooperate better and exchange key
information. This needs action both at EU level and beyond.
The European Agenda on Security1 underlined the need for measures to address terrorist
financing in a more effective and comprehensive manner. It highlighted the links with
organised crime, feeding terrorism through channels like the supply of weapons, proceeds
from drug smuggling, and the infiltration of financial markets. The European Agenda on
Security was welcomed by the European Parliament2. A further intensification of work was
also supported in the conclusions of both JHA and ECOFIN Councils as well as of the
European Council of 18 December 2015. The Foreign Affairs Council also addressed the
issue on 14 December 2015, whilst earlier that month, the Commission presented a proposal
for a Directive on combating terrorism, introducing a comprehensive criminal offence of
terrorist financing3.
At international level, the work under way, in particular by the United Nations and the
Financial Action Task Force (FATF)4, provides a good basis on which to build. The UN
Security Council has reflected a deep global consensus to act against terrorist financing. In
2014, it imposed further obligations in terms of criminalisation of terrorist financing5, which
led to the adoption of the Council of Europe Additional Protocol to the Convention on the
Prevention of Terrorism – the Commission signed the Additional Protocol in October 2015.
Another resolution was passed by the Security Council in December 2015, more specifically
targeting funding to Daesh and extending the former "Al Qaeda" sanction regime.
This Communication presents an action plan to further step up the fight against the financing
of terrorism, building on existing EU rules to adapt to new threats and updating our policy and

1
2
3
4

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COM(2015) 185 final.
European Parliament resolution of 9 July 2015 on the European Agenda on Security (2015/2697(RSP))
COM(2015) 625 final.
The Financial Action Task Force (FATF) is an inter-governmental body established with the objective to set
standards and promote effective implementation of legal, regulatory and operational measures for combating
money laundering, terrorist financing and other related threats to the integrity of the international financial
system. Several EU Member States are members of the FATF, and the Commission also participates. Key
standards include those embodied in the FATF "40 Recommendations on combating money laundering and
the financing of terrorism and proliferation":
http://www.fatf-gafi.org/media/fatf/documents/recommendations/pdfs/FATF_Recommendations.pdf
Resolution 2178(2014).

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practices in line with international standards. There are also many ways in which Member
States can act already to use the existing framework better.
Two main strands of action have been identified:



How to further detect and prevent terrorist organisations and their backers to move
funds and other assets; and to ensure that financial movements can wherever possible
help law enforcement to trace terrorists and stop them from committing crimes;
How to further disrupt the sources of revenue of terrorist organisations, by targeting
their capacity to raise funds in the first place.

To be effective, the targets of action need to go beyond terrorist organisations as such. It
needs to include affiliates, such as foreign terrorist fighters, financial backers and fundraisers,
and anyone who knowingly helps terrorist activities. It also requires action both inside the EU
and in external relations: drawing on the work of the FATF is of particular importance.
The fight against the financing of terrorism is crucial for the security of citizens. But further
steps to close off the options for terrorist financing may also touch on the lives and the
economic activity of citizens and companies throughout the Union. In line with better
regulation principles, the Commission will undertake impact assessments to prepare the
legislative actions identified in this action plan. The Commission will take into account the
balance between the need to increase security and the need to protect fundamental rights,
including data protection, and economic freedoms.
1.

Preventing the movement of funds and identifying terrorist funding

Terrorist networks operate across different countries and rely heavily on being able to finance
terrorist acts in one country from a base in another. Limiting and tracking financial operations
can block the movements of funds needed to finance their activities – as well as help identify
terrorist networks and investigate after attacks in order to apprehend the terrorists and their
backers.
Innovation in financial services and technological change, for all its benefits, creates new
opportunities which may sometimes be abused to conceal terrorist financing. New financial
tools such as virtual currencies create new challenges in terms of combatting terrorist
financing. Highly versatile criminals are quick to switch to new channels if existing ones
become too risky. For innovative financial tools, it is critical to be able to manage the risks
relating to their anonymity, such as for virtual currencies. Critical to this question is less the
forms of payment themselves, but rather whether they can be used anonymously. For this
reason, the Commission has already started to carry out periodic assessments of known but
also emerging risks related to money laundering and terrorist financing6. This work allows the
EU to continuously assess and mitigate emerging risks which affect the internal market, but
also the EU's security.

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In the framework of the 4th Anti-Money Laundering Directive (AMLD): Directive (EU) 2015/849 of the
European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system
for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the
European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament
and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).

3

Work at EU level, as well as in international fora such as the FATF, have identified possible
loopholes or shortcomings. Information gathered by investigators after attacks have also been
an essential source of information in identifying key areas that have emerged recently as
presenting a potential risk.
When it comes to detecting the movement of funds through financial transactions or the
identification of terrorist networks and affiliates, both Financial Intelligence Units (FIUs) and
tracking systems such as the EU-US Terrorist Financing Tracking Programme (TFTP) are key
tools. However, existing capacities can be reinforced and need to focus both on complex and
large-scale funding operations, and on "low cost" terrorist operations which can still have a
devastating effect, and which use new modes of payment which are difficult to track. The
speed of reaction is also essential, as current financial services allow for terrorists to very
rapidly move funds from one place to the other, also pointing at the need to improve
cooperation and the exchange of financial and law enforcement intelligence.
1.1

Immediate actions that can be taken under the existing legal framework

There are several ways in which the fight against terrorist financing can be stepped up
immediately within the existing legal framework:

1.2



The 4th Anti-Money Laundering Directive (AMLD) was adopted on 20 May 2015. Its
primary goal is to prevent the use of the Union's financial system for the purposes of
money laundering and terrorist financing. As such its swift transposition and
implementation is the first key step. The Commission calls on Member States to agree
to bring forward the date for effective transposition and entry into application to end
2016 at the latest. The Commission stands ready to assist Member States in their
transposition efforts as well as with carrying international standards into national law.



The Commission will accelerate its work under the AMLD to provide for the
identification of third countries with strategic deficiencies in the area of anti-money
laundering or countering terrorist financing7. As already provided for by the AMLD,
Member States should apply enhanced due diligence measures on financial flows
coming from and going to these listed countries. The Commission will come forward
with this list by June8.



Member States should improve exchange of financial intelligence between EU FIUs
and third countries' FIUs, and between FIUs and the private sector, in line with
Financial Action Task Force recommendations and best practices. The European
Commission will engage with the Egmont Group of FIUs in order to foster
international cooperation in this field.
New actions to tackle the abuse of the financial system for terrorist financing
purposes

The Commission will propose amendments to the 4th Anti-Money Laundering Directive on
the following points:
7
8

This will be the object of delegated acts, to be adopted by the Commission on the basis of AMLD.
Such an EU blacklist might also be relevant for use in risk management in other policy areas, such as
customs.

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

Giving concrete effect to the EU "list of high risk third countries":
Under the 4th AMLD, once a country is listed as having strategic deficiencies in the
area of money-laundering or countering terrorist financing, EU obliged entities will
already have to increase the degree and nature of monitoring of financial transactions
(i.e. apply enhanced due diligence measures) with economic operators coming from
that country. But at present, the exact nature of these measures is not explicitly defined
in the legal text. In order to clarify this obligation, the Commission proposes to
include detailed provisions, based on FATF standards, defining the concrete enhanced
due diligence measures and countermeasures which should be applied. This
clarification will ensure that enhanced due diligence and counter-measures will be
coordinated and harmonised at EU level to ensure a level playing field.

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10

11
12

13

14



Virtual currency exchange platforms9: There is a risk that virtual currency transfers
may be used by terrorist organisations to conceal transfers, as transactions with virtual
currencies are recorded, but there is no reporting mechanism equivalent to that found
in the mainstream banking system to identify suspicious activity10. Virtual currencies
are currently not regulated at EU level. As a first step the Commission will propose to
bring anonymous currency exchanges under the control of competent authorities by
extending the scope of the AMLD to include virtual currency exchange platforms11,
and have them supervised under Anti-Money Laundering / countering terrorist
financing legislation at national level. In addition, applying the licensing and
supervision rules of the Payment Services Directive (PSD)12 to virtual currency
exchange platforms would promote a better control and understanding of the market.
The Commission will examine this option further. The Commission will also examine
whether to include virtual currency "wallet providers"13.



Prepaid instruments (such as prepaid cards): Prepaid cards have been used by
terrorists to finance the logistics of terrorist attacks anonymously14. An appropriate
and balanced response needs to be provided to this challenge as at the same time,
prepaid instruments also present a social value. Prepaid cards allow economically
vulnerable or financially excluded people to have a means of payment that can be used
off-line (like cash), and more importantly online, to buy goods and services on the
internet. Some people use prepaid cards to limit the risk of fraud when buying over the
internet, as their exposure will be limited to the e-money amount featuring on the card.

Virtual currency exchange platforms can be considered as 'electronic' currency exchange offices that trade
virtual currencies for fiat currencies. Virtual currency wallet providers hold virtual currency accounts on
behalf of their customers. In the 'virtual currency' world, they are the equivalent of a bank offering a current
account on which fiat money can be deposited. They store virtual currencies and allow for their transfers to
other wallets/virtual currency accounts.
IHS Consulting – Terrorism Financing Assessment, 15 September 2015; European Banking Authority opinion
on virtual currencies, 4 July 2014; FATF guidance for a risk based approach on virtual currencies, June 2015.
Which are providers of exchanging services between virtual currencies and "fiat" currencies.
Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment
services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and
Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35–127).
A wallet provider is an entity that provides means (software application or other mechanism/medium) for
holding, storing and transferring bitcoins or other virtual currency (FATF Report on Virtual Currencies)
For example, the terrorists who committed the attacks in Paris on 13 November 2015 reportedly used prepaid
cards to pay for hotel rooms.

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Some Member States use these instruments to pay out social benefits. Some people
also see the anonymity that certain prepaid cards confer to their holder as an advantage
to protect their privacy – an increasing issue with respect to transactions made on the
web - although anonymity has also been sought or abused to conduct illegal actions.
The terrorist financing risk posed by prepaid cards is essentially linked to those
anonymous (reloadable or non-reloadable) prepaid cards run on domestic or
international schemes. The key question is how to address the concerns raised by the
anonymity of such general purpose cards without wiping out the benefits that these
instruments offer in their normal use.
Issuers of prepaid instruments are already covered by EU legislation, including the
AML legislation. In order to address the above concerns, the Commission will present
further changes to the AMLD, which could focus in particular on reducing existing
exemptions such as thresholds below which identification is not required, notably for
cards used face-to-face, and requiring customer identification and verification at the
time of online activation of the prepaid cards. The Commission is currently exploring
the detailed design of such measures, taking into account their impact and the need for
proportionality.


Centralised bank and payment account registers and central data retrieval systems:
The existence of centralised registers at national level, which provide all national bank
accounts listed to one person, or other flexible mechanisms such as central retrieval
systems, is often cited by law enforcement authorities as facilitating financial
investigations, including of possible terrorism financing. Currently, not all Member
States have such a register and they are not bound under EU legislation to do so.15
Having such a centralised register or central retrieval systems in all Member States
would provide direct operational support to the Financial Intelligence Units (FIUs).
This has initially been a subject of debate in many Member States in the context of
broader issues of data collection and storage but recent consultations suggest that there
is now a more general support for such a tool.
The Commission will therefore propose to establish centralised bank and payment
account registers or electronic data retrieval systems by amending the AMLD, which
would provide FIUs and other competent authorities with access to information on
bank and payment accounts.
In parallel, the Commission will explore the possibility of a distinct self-standing legal
instrument to broaden the access to such centralised bank and payment account
registers. In particular, such an instrument would allow the consultation of these
registers for other investigations (e.g. law enforcement investigations, including asset
recovery, tax offences) and by other authorities (e.g. tax authorities, Asset Recovery
Offices, other law enforcement services, Anti-corruption authorities). Any initiative
would have to be accompanied by appropriate safeguards, notably regarding data
protection and the conditions of access.

15

However, many Member States have already put in place such a register or are currently in the process of
adopting such centralised mechanisms.

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Improved cooperation on financial intelligence
The European Agenda on Security sets out a number of actions to facilitate cooperation
between Financial Intelligence Units (FIUs). The implementation of these actions can be
accelerated in different areas:


As a first step, aligning rules for the access to information by Financial Intelligence
Units with the latest international standards: Financial Intelligence Units (FIUs) play
an important role in identifying the financial operations of terrorist networks across
borders and in detecting their financial backers. International standards now emphasise
the importance of extending the scope of and the access to the information available to
FIUs (this is currently limited in certain Member States by the requirement to make a
prior Suspicious Transaction Report): this will be achieved through an amendment of
the AMLD.



As a second step, identifying and tackling obstacles concerning access to relevant
information, exchange and use of information and operational cooperation: A
mapping exercise is being conducted within the FIU Platform to identify practical
obstacles to access to, exchange and use of information as well as operational
cooperation with a view to provide results before the end of 2016. FIUs should also be
expected to interact closely with other enforcement authorities. In this context, the
Commission will also further look at means to support joint analysis of cross-border
cases by FIUs and solutions to enhance the level of financial intelligence. As currently
discussed at international level, the FIUs may also need to evolve from a suspicionsbased disclosure system to a more intelligence-based disclosure system. Depending on
the results of this mapping exercise, the Commission will decide on whether and
which kind of measures are necessary to address differences in the organisational
status of the FIUs and tackle any obstacles to effective cooperation and information
exchange.

In addition to this, the Commission is conducting a supranational assessment of money
laundering and terrorism financing risks, as foreseen under the AMLD. Regular risk
assessments provide an appropriate general framework to detect blind spots and respond to
the evolving nature and associated risks of terrorism financing, with mitigating measures that
are both evidence based and tailored to the actual risks. Mitigating measures can include both
Recommendations to Member States (on a "comply or explain" basis) or the development of
new policy initiatives at EU level. A political commitment of Member States to this process
will be particularly important as regards the mitigating measures that will be addressed to
them via such recommendations.

Cooperation to track and freeze terrorist financing
Another key area in fighting terrorism is improving the efficiency of freezing measures based
on UN listings. The UN listings (in general and also in respect of designated organisations
such as Al-Qaeda and Daesh) need to be applied as quickly as possible in order to have the
maximum impact and to minimise the risk that listed persons and entities can withdraw funds
before the restrictive measures come into force. As a matter of EU law, restrictive measures
decided at the level of the UN must be transposed into EU law by way of EU legal acts, which
provide certain procedural safeguards for the listed person and obligations in the way the
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Commission takes its decisions. The Commission transposes UN listings under the Al-Qaeda
and Daesh regime into EU law by way of an amendment to the listings under Council
Regulation 881/2002 of 27 May 200216. Once the Commission is made aware of new listings
decided by the 1267 Sanctions Committee and after having made the necessary prima facie
checks that certain essential procedural guarantees are respected, the Commission needs to go
through the obligatory process of drafting, internal consultation and translation into all official
EU languages before being adopted and published in the Official Journal. At this point they
are directly applicable on EU persons, financial institutions and economic operators as a
matter of EU law. Currently this process takes about five working days. Although the
procedure has already been streamlined, the time required has been the subject of criticism by
FATF. Further steps, at EU and UN level, including better coordination and advance
information sharing, will allow the Commission to be on standby to immediately launch
procedures once new listings are decided, and will further speed up the transposition process.
In this context and as an additional step, the Commission is working to ensure new UN
listings are made accessible to EU financial institutions and economic operators, immediately
after publication of new UN listing but before transposition at EU level, and to facilitate due
diligence procedures under the AMLD even before the EU legal acts come into force. This
will involve uploading new UN listings onto the EU’s Financial Sanctions Database, so they
can be immediately accessible by EU financial institutions and economic operators17. In the
medium to longer term, Commission services will work with UN stakeholders to support
development of a common data sharing system, to enable the new listings to be published in a
downloadable common format compatible with the EU database. This will support the efforts
of EU financial institutions to undertake appropriate due diligence procedures, in accordance
with the requirements of the AMLD, in order to mitigate the risk of asset flight before the EU
legal acts come into force.
Actions:
Member States are called on to:
- Bring forward the date for effective transposition and entry into application of the 4th
AMLD to 4th quarter 2016 at the latest;
As foreseen by the Anti-Money Laundering Directive, the Commission will:
-

16

17

Adopt a EU blacklist to identify high risk third countries with strategic deficiencies in
their anti-money laundering/countering terrorism financing: at the latest by 2nd
quarter 2016;
Publish a report on a supranational assessment of money laundering and terrorism
financing risks and recommendations to Member States on measures suitable to
address those risks: 2nd quarter 2017.

Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures
directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the
Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and
services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial
resources in respect of the Taliban of Afghanistan (OJ L 139 29.5.2002 p. 9-22).
The Commission will explore the technical aspects of developing the Financial Services Database to enable
better information sharing regarding national asset freezing measures amongst Member States and financial
institutions.

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The Commission will present a legislative proposal to amend the following points of the
AMLD, at the latest by 2nd quarter 2016:
-

Enhanced due diligence measures/countermeasures with regards to high risk third
countries;
Virtual currency exchange platforms;
Prepaid instruments;
Centralised bank and payment account registers or electronic data retrieval systems;
The access of Financial Intelligence Units to, and exchange of, information.

The Commission will take forward the following initiatives :
-

-

1.3

Improving the efficiency of the EU’s transposition of UN freezing measures, including
by enhanced information between EU and UN: at the latest by 2nd quarter 2016;
Reinforcing the capacity of Member States, the Commission, EEAS and economic
operators to share information on challenges to implementation of restrictive
measures, including to exchange information on new UN listings, via the Financial
Sanctions Database: at the latest by 2nd quarter 2016.
Explore the possibility of a self-standing legislative instrument to allow for a broader
consultation of bank and payment account registers for other investigations and by
other authorities, beyond the scope of the AMLD at the latest by 2nd quarter 2016;
Reinforcing the cooperation between FIU through appropriate measures: at the latest
by 2nd quarter 2017.

Other initiatives to complement the existing legal framework

Harmonizing money laundering criminal offenses and sanctions
Terrorists often resort to criminal proceeds to fund their activities and use money laundering
schemes to convert, conceal or acquire such proceeds of criminal activities. A strengthened
EU legal framework to combat money laundering thereby contributes to tackling terrorist
financing more effectively. While both the relevant FATF recommendation and the Council
of Europe Convention No. 198 on Laundering, Search, Seizure and Confiscation of the
Proceeds from Crime and on the Financing of Terrorism require the introduction of criminal
offences for money laundering, this has not yet been comprehensively reflected under EU
legislation. All Member States have criminalised money laundering, but there are differences
between Member States as to the definition of money laundering and the sanctions applied.
These differences create obstacles in cross-border judicial and police cooperation to tackle
money laundering, and have a direct relevance to action against terrorist financing. In
accordance with Article 83 TFEU, the Commission will propose a Directive on criminal
offences and sanctions for money laundering. The objective will be to introduce minimum
rules regarding the definition of the criminal offence of money laundering (applying it to
terrorist offences and other serious criminal offences) and to approximate sanctions.

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Tackling illicit cash movements
Payments in cash are widely used in the financing of terrorist activities18. EU legislation sets
controls on persons carrying cash equal to or in excess of €10,000 entering or leaving the
EU19. An evaluation carried out by the Commission20 has pointed to the need to extend the
scope of this Regulation, to include cash shipped in post and freight shipments and to allow
the authorities to act upon lower amounts of cash where there are suspicions of illicit activity.
Action could also be taken to include precious metals and potentially other highly liquid highvalue commodities. In this context, the relevance of potential upper limits to cash payments
could also be explored. Several Member States have in place prohibitions for cash payments
above a specific threshold.
Beyond the use of cash in general, the use of high denomination notes, in particular the EUR
500 note, is a problem reported by law enforcement authorities21. These notes are in high
demand among criminal elements who engage in physical transportation of cash due to their
high value and low volume. The Commission will work with the European Central Bank,
Europol and other relevant parties on this matter.
Completing the EU framework to track and freeze terrorist assets
There are several UN regimes in place to freeze the assets of persons with links to terrorism.
Within the EU such freezing measures are currently implemented under the Common Foreign
and Security Policy and Article 215 TFEU. The Treaty also provides in Article 75 TFEU,
under certain conditions, for the possibility to take administrative measures to achieve the
objectives of Article 67 TFEU as regards the preventing and combating of terrorism. The aim
of such administrative measures would be to disrupt terrorists financing as well as dissuading
supporters, such as fundraisers, through measures with EU-wide effect. Such measures would
put in place common standards on the assets to be frozen, which actors are involved and
which remedies and safeguards apply, notably in relation to fundamental rights. Whereas the
EU already has effective asset freezing arrangements in line with the UN system as concerns
persons with links to international terrorism, Article 75 TFEU provides a legal base which
would also cover persons with links to terrorism beyond the UN listed international groups.
The initial work on an impact assessment study in 2013 on the application of Article 75
assessed various options, including in particular an EU listing and freezing regime
complementary to national regimes, the possibility for imposing obligations on Member
States to establish national freezing regimes, as well as different ways of ensuring mutual
recognition of such listings and freezing orders. The Commission will review this assessment
in light of the recent developments and challenges, taking into account the scope of the
existing freezing regimes in light of recent UN Security Council Resolutions, the scope and
the added value of an EU regime under Article 75, and its complementarity to existing
18

19
20

21

https://www.europol.europa.eu/content/why-cash-still-king-strategic-report-use-cash-criminal-groupsfacilitator-money-laundering
Regulation 1889/2005 25.11.05 OJ L 309.
Issues with the present regulation and major policy options for a revision have already been identified in an
evaluation document and feedback was collected through an open public consultation:
http://ec.europa.eu/taxation_customs/resources/documents/common/consultations/customs/cash_survey_sum
mary_report_en.pdf
See the Europol report cited above: "The fact that the EUR 500 note is not commonly used as a payment
instrument, yet accounts for one third of the value of all banknotes in circulation, raises questions around the
purpose for which it is being used."

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regimes at EU and national level, as well as the need to find an appropriate balance between
fundamental rights safeguards and effectiveness. As part of the assessment of a possible EU
regime for the freezing of assets of terrorists under Article 75 TFEU, the Commission is also
currently exploring measures of mutual recognition of national freezing decisions (e.g. by
way of a European Asset Freezing Order).
In addition, mutual recognition of judgments and judicial decisions in criminal matters is also
a key element in the security framework22. Successfully tackling terrorism financing requires
a range of complementary approaches. In addition to the assessment of a possible EU regime
for the freezing of assets of terrorists under Article 75 TFEU, the Commission will seek to
ensure that criminals who fund terrorism are deprived of their assets. In order to disrupt
organised crime activities that finance terrorism, it is essential to deprive those criminals of
the proceeds of crime. Beyond being a sanction, confiscation of criminal assets is also a
preventative tool. To this end, the Commission wishes to ensure that all types of freezing and
confiscation orders in the area of serious crime available within Member States are enforced
to the maximum extent possible throughout the EU, though the application of the principle of
mutual recognition, as provided for by Article 82 TFEU. Any initiative on mutual recognition
instruments will take due consideration of the fundamental rights of persons subject to
freezing and confiscation orders.
Tracking of international transactions through the EU-US Terrorist Finance Tracking
Programme (TFTP) agreement appears to function effectively. Following an impact
assessment, a Commission Communication of November 2013 concluded that setting up an
EU-based system (referred to as TFTS, Terrorist Finance Tracking System) duplicating the
TFTP would not be proportionate or bring added value. However, it would nevertheless be
worthwhile to analyse the possible need for complementary mechanisms to the TFTP to fill
possible gaps (i.e. transactions which are excluded from the EU-US TFTP agreement –
notably intra-EU payments in euro – and may not be possible to track otherwise).
Actions:
The Commission will take forward the following initiatives:
-

22

Legislative proposal harmonising money laundering criminal offences and sanctions:
at the latest by 4th quarter 2016;
Legislative proposal against illicit cash movements: at the latest by 4th quarter 2016;
An EU regime for the freezing of assets of terrorists under Article 75 TFEU: Conclude
an assessment at the latest by 4th quarter 2016;
Strengthening the mutual recognition of criminal assets' freezing and confiscation
orders: at the latest by 4th quarter 2016;
A possible European system which would complement the existing EU-US TFTP
agreement by tracing transactions excluded under the mentioned agreement: Conclude
an assessment at the latest by 4th quarter 2016.

COM(2015) 185 final

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2.

Targeting the sources of funding

The ways in which terrorism can be financed are very diverse. The funding can come from the
abuse of legitimate non-profit organisations23, such as charities, of legal businesses, or of
collections. They can also be funded from criminal activity, state sponsors and activities in
failed states as well as abuse of the international trade system24. Whilst not new, the current
terrorist threat from Daesh has highlighted some particular issues. According to the Financial
Action Task Force, Daesh’s primary sources of revenue are illicit proceeds from its
occupation of territory. Sources include bank looting, extortion, control of oil fields and
refineries, robbery of economic assets, kidnapping for ransom, cash smuggling and grassroots funding.
Although the existing framework to combat terrorism financing – as set out in UN Security
Council Resolutions and reflected in the proposal for a Directive on combatting terrorism includes a prohibition to make any economic or financial resource available to the listed
individuals and entities, one shortcoming today is that existing EU instruments are not
adequate for customs authorities themselves to intervene effectively. Terrorists can gain both
from illegal means (e.g. through dissimulation of trade transactions; misrepresentation of the
value of goods; fictitious invoicing; or smuggling) and from trade in legal goods. The
Commission will consider an explicit legal basis to allow for provisional detention of goods
and for the necessary investigations to be undertaken, notably by FIUs.
Images of the destruction of archaeological sites by Daesh are familiar sights in our media,
seen by many as war crimes against cultural heritage. But as well as causing huge damage,
there is clear evidence that Daesh uses illicit excavations of archaeological sites to obtain
cultural goods25 as a source of income. Cultural goods illicitly removed from Iraq and Syria
can be a significant source of terrorist income. Where this income relies on proceeds from
European markets, identifying and cutting off the trade could have a real impact on an
important source of funding of terrorist activities.
Currently, two Regulations impose trade restrictions on cultural goods illicitly removed from
Iraq and Syria26, and provide a legal basis for import controls. However, their effectiveness if
limited. These trade restrictions depend on the continuation of the specific sanctions regimes
and provide only a partial response and the burden of proof required for customs to establish
the origin of such goods is high. The Commission will consider a wider response to
combatting terrorism financing via illicit trafficking in cultural goods – whatever the country
of provenance – to overcome some of these problems. Options that will be considered involve
the introduction of a certification system for the import of cultural goods into the EU coupled
with guidance to stakeholders such as museums and the art market.
Illegal wildlife trafficking is increasingly recognised as a further source of funding of terrorist
and related activities. The Commission will shortly present an EU Action Plan to tackle the
illicit financial flows related to wildlife trafficking.
23
24
25

26

http://www.fatf-gafi.org/media/fatf/documents/reports/BPP-combating-abuse-non-profit-organisations.pdf
http://www.fatf-gafi.org/media/fatf/documents/reports/Trade%20Based%20Money%20Laundering.pdf
As defined under Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural
goods (OJ L 39 of 10.02.2009 p.1).
Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the
situation in Syria and repealing Regulation (EU) No 442/2011 (OJ L 16, of 19.01.2011) and Council
Regulation (EC) No 1210/2003 of 7 July 2003 concerning specific restrictions on economic and financial
relations with Iraq and repealing Regulation (EC) No 2465/96 (OJ L 169 of 08.07.2003 p.6).

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Actions:
The Commission will take forward the following initiatives:
- Legislative proposal reinforcing customs' powers and cooperation and addressing
terrorism financing related to trade in goods: at the latest by 2nd quarter 2017;
- Legislative proposal against illicit trade in cultural goods: at the latest by 2nd quarter
2017;
- EU Action Plan on Illegal Wildlife Trafficking: at the latest by 1st quarter 2016.
3.

The external dimension

Due to the very nature of the current terrorist threat, the distinction between domestic "home
grown" terrorism and terrorism organised by international groups is often blurred, though
groups operating exclusively in the EU still exist27. In particular, there is often an
international dimension to financing as well as to the procurement of weapons.
For this reason, it is essential that the EU is an active player in the fight against terrorist
financing on the international scene, notably through the relevant international organisations.
The EU actively supports the UN Global Counter Terrorism Strategy, as well as the
implementation of relevant UN Security Council Resolutions. The EU is also an active
participant of the Global Counter-Terrorism Forum (GCTF), whose work includes activities
relating to terrorism funding28, and has encouraged the G20's work to underline the
importance of cutting off terrorism-related financial flows29.
The Commission is a member of the Financial Action Task Force (FATF) and actively
contributes to its work as well as to the implementation of its Recommendations in the EU.
There is an obvious benefit in Europe speaking with a consistent voice within the FATF.
Relevant UN Resolutions and Council of Europe instruments, such as the Council of Europe
Convention No. 198 on Laundering, Search, Seizure and Confiscation of the Proceeds from
Crime and on the Financing of Terrorism30, play an important role in this context; the
Commission supports EU States in implementing these. As explained above, enhanced
information between EU and UN on asset freezing will also be developed.
In addition to this, there is a strong need for the EU to support our partners, with a specific
focus on neighbouring countries, which are facing threats from the same groups that have
attacked the EU. The fight against terrorist financing could be part of broader efforts to
support governments of third countries in complying with United Nations Security Council
resolutions and FATF recommendations in order to enhance their capacity to fight against
financing of terrorism, and to cooperate with EU Member States and Agencies31. The EU can
27

28
29
30
31

See notably Europol's European Union Terrorism Situation and Trend Report TE-SAT:
https://www.europol.europa.eu/content/european-union-terrorism-situation-and-trend-report-2015
https://www.thegctf.org/focus-areas
http://www.consilium.europa.eu/en/press/press-releases/2015/11/16-g20-summit-antalya-communique/
http://www.coe.int/t/dghl/monitoring/cop198/
The assistance could include building the capacity of criminal justice and wider financial sector stakeholders,
assisting partner countries in amending and updating legislation in line with international best practices, and
promoting regional cooperation. The EU has been implementing this approach in countering the financing of
terrorism mainly in the Greater Horn of Africa (Djibouti, Ethiopia, Eritrea, Kenya, Somalia, South Sudan,

13

also help through supporting partners' efforts to tackle serious crime such as drugs or firearms
trafficking, as a source of terrorist finance.
In this context, the Commission and the High Representative will deepen cooperation with
third countries to list and maintain the listing of terrorist entities when the listings decided by
competent national authorities from third countries serves as a basis to list terrorist entities at
EU level. In addition, this work will also cover continued liaison with third countries for the
alignment with the existing restrictive measures to combat terrorism. Counter-terrorism
dialogues with partners provide the most effective framework for discussion on alignment or
implementation of restrictive measures.
Third countries could also be helped to combat illicit trade in cultural goods and its use for
terrorist financing. This could imply re-prioritising existing support to capacity building (for
example in the Middle East and North Africa - MENA) to give specific attention to protecting
their cultural heritage and increasing international police cooperation against trafficking of
cultural goods.
Finally, action requires a global perspective with security as one of our main external
priorities. There is a broad global consensus on the need to act together and the EU should put
itself at the head of efforts to ensure that worldwide initiatives to tackle terrorist financing are
effective and that EU measures are up-to-date with the latest developments.
The Commission and the High Representative will:
-

4.

Launch projects to provide technical assistance to Middle East and North African
countries to fight against the trafficking of cultural goods: by 4th quarter 2016 at the
latest;
Strengthen support to third countries in complying with UNSCRs legal requirements
and FATF recommendations: ongoing;
Support countries in the MENA and South East Asia regions to monitor, disrupt and
deny the financing of terrorism: by 4th quarter 2016 at the latest.
Deepen work to exchange information with third country partners to make/sustain
listings under EU autonomous measures to combat terrorism: ongoing.

The way forward

The European Agenda on Security underlined that delivering a high level of internal security
in the EU has to be a joint undertaking by all actors. This includes action by EU institutions,
Member States and EU agencies, but also improved cooperation, and in particular exchange
of information amongst the relevant authorities. Member States should use all the tools at
their disposal and ensure that agreed EU action is swiftly implemented. The Commission also
calls on the co-legislators to take forward their work on the forthcoming Commission
proposals in a timely manner.

Sudan, Uganda and Yemen). The EU is now in the process of developing a global programme under the
Instrument contributing to Stability and Peace for countering the financing of terrorism and anti-money
laundering (with planned allocation of EUR 16 million). The geographical scope of the actions will be the
regions of the Middle East and North Africa and countries in South East Asia.

14

In addition, working together, the EU and Member States need to deepen their engagement
with EU financial institutions and economic operators to understand the challenges they face
in implementing international standards in the field of counter-terrorist financing, and assess
how policies and practices can be re-enforced to address relevant risks in a rapidly evolving
environment.
The Commission will monitor progress on the action plan and provide regular updates on
progress to the European Parliament and to the Council.

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