Government publishes rules on blocking assets of persons convicted of terrorism

Brazil has published two administrative regulations (link in Portuguese) to standardise procedures for blocking access to property and assets owned by persons convicted of terrorism. The measure is the result of a resolution by the United Nations Security Council (UNSC) aimed at preventing the financing and expansion of terrorism in the world.

The publications were signed on Thursday (2 February) by the Ministries of Justice & Citizenship and Foreign Affairs and by the Attorney General's Office (AGU), as representing Brazil's efforts to comply with international commitments related to combating terrorism.

When individuals or companies are included in the UNSC sanctions lists due to financing or participating in terrorist organisations and acts, countries must internally locate assets, rights and interests of such persons or companies in order to block them and declare them unavailable without delay.

This is an important measure to prevent the financing and expansion of terrorism in the world by focusing on the preventing the financing of terrorist groups. Currently, several countries, individuals and entities are subject to UNSC sanctions, which range from embargoes on arms and ammunition trade with a country to the blockage of individual or company assets and, in extreme cases, even bans on the trade of food, if a country is threatening international peace.

Today, there are sanctions to terrorist groups Islamic State, al-Qaeda and Taliban and to countries such as North Korea, Iraq, Congo, Sudan, Libya, Yemen and others.

Commitment

The published rules officially regulate the provisions of Laws 13,260/2015 and 13,170/2015, and define the process to be followed by Brazil's competent agencies and authorities after anti-terrorist legislation enters into force in the country.

Before these laws, Brazil did not have the criminal classification of terrorism in its legal system, nor the manner of adoption of specific measures by which to act to combat its financing.

With the joint administrative regulations, the country is now prepared to take appropriate action in cases arising from the internalisation of UNSC resolutions in the country, or in case other countries request legal assistance in the sense of preventing access to goods and assets related to acts of terrorism, its financing or other related conducts.

According to the Ministry of Justice, to date Brazil has not reported any convictions for terrorism or blockage of assets in the name of persons on UNSC sanctions lists.