Counter-terrorism 23. May 2011

1. Counter-terrorism 23. May 2011

2. The EU CT Strategy and Action Plan • To PREVENT people turning to terrorism by tackling the factors or roots causes; • To PROTECT citizens and infrastructure and reduce our vulnerability to attack; • To PURSUE and investigate terrorists across our borders and globally; • To RESPOND and to prepare ourselves, in a spirit of solidarity.

3. Re. The CT Strategy and Action Plan • Iceland has no experience with domestic terrorism groups. It has only international experience to draw on regarding prevention. • Protection, pursuit and investigation have mostly been worked on by sharing information, as described in police co-operation. • Iceland similarly has had no experience with responses to terrorism.

4. The EU Internal Security Strategy in Action: Five steps towards a more secure Europe • Action 1: Empower communities to prevent radicalisation and recruitment • Such communities are exceedingly rare or unheard of • Action 2: Cut off terrorists’ access to funding and materials and follow their transactions • This is primarily done in accordance with the Act on Action against money laundering and terrorism financing, No 64/2006 and the Act on International Sanctions, No 93/2008 • Action 3: Protect transport

5. Counter Terrorism • Iceland implements UNSC security measures against foreign terrorist organisations, including res. 1267 & 1373 • Iceland is party to the 12 pre-2000 universal anti-terrorism conventions and protocols, but has not yet ratified the four 2005 documents • Convention for the Suppression of Acts of Nuclear Terrorism (2005) • Protocol on Safety of Maritime Navigation (2005) • Protocol on Safety of Fixed Platforms on the Continental Shelf (2005) • Amendment to the Convention on the Physical Protection of Nuclear Material (2005)

6. Counter TerrorismInternational Cooperation Other counter-terrorism instruments – Ratified • UN Convention Against Transnational Organized Crime (2000) • UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000) • European Convention on the Suppression of Terrorism (1977) • European Convention on Extradition (1957) • Additional Protocol to the European Convention on Extradition (1975)

7. Counter TerrorismInternational Cooperation Other counter-terrorism instruments – Ratified (2) • 2nd Additional Protocol to the Eur. Convention on Extradition (1978) • Eur. Convention on Mutual Legal Assistance in Criminal Matters (1959) • Additional Protocol to the European Convention on Mutual Legal Assistance in Criminal Matters (1978) • Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (1990) • Convention on cybercrime (2001)

8. Counter TerrorismInternational Cooperation Other counter-terrorism instruments - Not ratified • UN Protocol against the Smuggling of Migrants (2000) • UN Protocol against the Illicit Manufacturing of and Trafficking in Firearms (2001 • Protocol amending the European Convention on the Suppression of Terrorism (2003) • Second Additional Protocol to the European Convention on Mutual Legal Assistance in Criminal Matters (2001) • Eur. Conv. on the Transfer of Proceedings in Criminal Matters (1972) • Council of Europe Convention on the Prevention of Terrorism (2005) • Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (2005)

9. Counter TerrorismInternational Cooperation • Iceland has concluded agreements with the Nordic countries on police co-operation and mutual assistance in criminal matters, including: • an agreement on health emergency preparedness and management, relevant also in the event of a terrorist attack against one or more of the Nordic countries (2002). • on a Nordic Arrest Warrant (15 Dec 2005). • Iceland has concluded a number of bilateral extradition treaties. • Iceland is a member/participant/supporter of the following international initiatives: • Proliferation Security Initiative (PSI) • Global Threat Reduction Initiative (GTRI) • Global Initiative to Combat Nuclear Terrorism (GICNT) • Financial Action Task Force (FATF). • Iceland is a member of Interpol and Europol

10. The substantive rules regarding terrorism in Icelandic law Arts. 6, 100a, 100b and 100c of the General Penal Code

11. Art. 6 of GPC • “Penalties shall also be imposed in accordance with the Icelandic Penal Code on account of the following offences, even if these have been committed outside the Icelandic State and irrespective of who the offender is: [...] • 6. For conduct to which Article 1 of the European Convention of 27 January 1977 on the Suppression of Terrorism applies. Legal action under this clause shall, however, only be taken if ordered by the Minister of Justice.” […] • 16. For conduct specified in the International Convention or Preventing Terrorist Explosions (Bombings) of 15 December 1997. • 17.For conduct specified in the International Convention on Preventing the Financing of Terrorism Activities of 9 December 1999.

12. Art. 100a, GPC • “For acts of terrorism, periods of up to lifelong imprisonment shall be imposed on any person who commits one or more of the following offences, in order to cause substantial fear among the public or to force, by unlawful means, the Icelandic authorities or those of a foreign power, or an international institution, to act or refrain from acting in order to weaken or damage the constitutional structure or the political, economic or social basis of the state or international institution. • 1. homicide as per Art. 211, • 2. physical assault as per Art. 218, • 3. deprivation of freedom as per Art. 226, • 4. upsets traffic safety as per para. 1, Art. 168, • disturbs public transport equipment et al. as per para. 1, Art. 176 or causes gross damage to properties as per para. 2, Art. 257 and if these violations are committed in such a manner as to endanger human lives or to cause extensive financial loss, • 5. hijacking aircraft as per para. 2, Art. 165 or assaults persons present at airport intended for international air traffic as per para. 3, Art. 165, • 6. arson as per para. 2, Art. 164 causing explosion, spreading of damaging gases, water flood, shipwreck, railway-, automobile or aircraft accident or accidents of other such vehicles or transport equipment as per para 1, Art. 165, causing general shortage of drinking water or introducing damaging substances to water wells, or water piping as per para. 1, Art. 170 or introducing toxic or other hazardous substances to articles intended for sale or general use as per para. 1, Art. 171. • The same penalty shall apply to a person who for the same purpose threatens to commit the violations listed in para. 1.”

13. Art. 100b, GPC • “Anyone who directly or indirectly supports a person, an association or a group committing or having the purpose of committing acts of terrorism as per Art. 100 a. by contributing funds or granting other financial support, procuring or gathering funds or making funds available in another manner shall be subject to imprisonment for up to 10 years.”

14. 100c GPC • “Anyone who by means of his/her word or deed, persuasions, encouragement or in another manner supports punishable activities or a joint aim of an association or a group having committed one or more violations of Art. 100 a. or Art. 100 b. with the activities or the aims comprising the commission of one or more such violations shall be subject to imprisonment for up to 6 years.”

15. Terrorism as a predicate offence to money laundering • “Anyone who by means of his/her word or deed, persuasions, encouragement or in another manner supports punishable activities or a joint aim of an association or a group having committed one or more violations of Art. 100 a. or Art. 100 b. with the activities or the aims comprising the commission of one or more such violations shall be subject to imprisonment for up to 6 years.”

16. The rules regarding investigation of terrorism in Icelandic law • Arts. 5 and 8 of the Police Act provide for the National Security Unit, an investigative unit which evaluates the risk of terrorism and organized crime. • Regulation No 404/2007 governs its work, the various assessments and analyses, including strategic analysis.

17. Art. 5, para 2 of the Police ActNo. 90 13th June 1996 • [...] • 2. Special tasks to be executed by the Commissioner of the Icelandic National Police are as follows:a. […]b. to operate a police investigation department to investigate high treason and offences against the constitution of the state and its supreme authorities, [and evaluates the risk of terrorism and organized crime]. • This last part of section b was added in 2006 and is not part of the official translation.

18. Art. 8, section 5 of the Police ActNo. 90 13th June 1996 • “The minister may decide, that under the supervision of the Commissioner of the Icelandic National Police, investigation units shall operateat the offices of individual Police Commissioners to evaluate the risk of terrorism and organized crime.” • Unofficial translation of amendments from 2006.

19. Other relevant legislation • UNSCRs are implemented by the International Sanctions Act No 93/2008 and implementing regulations No 154/2009 and 122/2009 • Additionally: • Criminalisation of bribery and terrorism by legal entities Act No 144/1998 • Financial Companies Act No 161/2002 • Protection of shipping Act no 50/2004 • Action against money laundering and terrorism financing Act No 64/2006 • Share trading Act no 108/2007 • Insurance Act No 56/2010 • Control of services and items that may have strategic significance Act No 58/2010

20. National Commissioner of Icelandic Police State security/Civil protection • Analysis/Investigations (terrorism, organized crime, threat assessment) • Data bases / Information and Intelligence coordination • Government Protection/embassies et cet. • Tactical CT Unit (Viking) • National Communication Center • International Unit (Sirene / Schengen / Europl / Interpol) • Civil Protection / National Crisis Coordination Center

21. NCIP - Security - preparedness • NSU (National Security Unit) • Investigation and assessment the risk of terrorist acts and organized criminality • Collection of information, analysis and exchange of information • Counter CT and OC • CT Team Viking • Armed Responce • Counter terrorism responce • Communication Center • Command and Control Center • Coordination of search and rescue – land • International Deparment • International Police Cooperation • Coordination of control of foreigners • 24/7 Schengen, Europol og Interpol • Civil Protection • Risk assessment • Organization of preparedness within the country • Coordination of Civil Protection

22. NCIP SPECIAL POLICE FORCE VIKING Role and responsibility • Armed Response • Counter Terrorism Operations • Crisis Negotiations • Diving Operations • CT Maritime Operations • IED Response • High Risk Arrests • Narcotic Raids • VIP Protection • Surveillance Operations

23. Organized criminality, terrorism threat, state security, extremists, treason og espionage Threat assessment, risk assessment NSA Background checks NSU - National Security Unit Roles and Responsibilities on Internal Security

24. NCIP – Police Security Service • International cooperation -NATO AC 46/AC 35 - Police Working Group on Terror - Nordic Security Police - PST, PET, SAPO - Europol - Interpol - Schengen, SIRENE - Nordic National Commissioners - FATF against Money Laundering - United Nations - Council of Europe

25. The Governments Policy on the Integration of Immigrants • From 2007 • Deals with the following issues • Icelandic language education for adults • Dissemination and collection of information • Employment issues and employment participation • Education issues • Health care services • The role of municipalities • Issues relating to the disabled

26. Sum-up • Iceland has so far not viewed terrorism as a serious threat • Risk assessments made by the NSU • International co-operation takes place • Accession calls for legal amendments • Mainly to the GPC and the Civil Protection Act, No 82/2008 • Iceland follows developments with interest, mainly because of its awareness of the necessity of protecting human rights and fundamental freedoms at all time