Governance Regime For Proscription In Pakistan

Under section 11B of the ATA, the Federal Government may proscribe any organization where it has reason for an organization involving in an act of terrorism is owned directly or by individual proscribed under the 4th Schedule of the same Act or is acting on behalf of any proscribed individual or proscribed organization. The list of proscribed persons, outlined in Schedule 1 of the ATA, is discussed in Section 11E. The names of such person are included in the 4th schedule as prescribed by the Ministry of Interior and can be subjected to restrictions on travail, speech, and business administered by the local police under a surety bond. 11EE of ATA 1997 empowers the Federal Government to proscribe individuals in line with UNSCR 1373 sanctions regime and list such persons in the 4th schedule of the Act on an ex-parte basis. A person is placed on the 4th schedule if there are reasonable grounds to believe that such person is Concerned in terrorism; an activist, office bearer on an associate of an organization kept under observation under section 11D or proscribed under section 11B; and In any way concerned or suspected to be concerned with such organization or affiliated with any group or organization suspected to be involved in terrorism or sectarianism or acting on behalf of, or at the direction of, any person or organization proscribed under this Act. Monitoring and Surveillance Section of section 11EE empowers the district police for the following; require the proscribed person to execute a surety bond to the satisfaction of the District Police for good behaviour and not involve in any act of terrorism or in any manner advance the objectives of the concerning organization. Arrest and Detention 11EEE of ATA empowers the Government to direct an arrest or dentation for a period extendable up to 12 months with a review to prevent any person whose name is included in the list referred to section 11EE, it is necessary so to do. All Financial Institutions and DNFBPs are not screening for persons acting on behalf of, or at the direction of, a designated/proscribed person or entity; and most FIs and all DNFBPS are not applying Targeted Financial Sanctions to designated persons that are beneficial owners. The respondents mentioned that it is very difficult to demonstrate in TF investigations the actions focusing on TFS for proliferation financing due to capacity issues of the investigators. This finding of the study is in line with Pakistan Mutual Evaluation Report which provides that Pakistan gives domestic effect to TFS for PF by issuing Statutory Regulatory Order; however, SROs are not issued without delay - there are other technical shortcomings.