Senate approves Anti-Terrorism (Amendment) Bill 2020

Two bills were clause wise approved during the session chaired by Senate chairman Sadiq Sanjrani.

ISLAMABAD (Dunya News) – Parliament’s upper house, Senate on Thursday has approved clause wise Anti-Terrorism (Amendment) Bill, 2020 and United Nations Security Council (Amendment) Bill, 2020. However, members of Jamiat Ulema-e-Islam opposed them. According to details, both the bills were presented by Adviser to Prime Minister on Parliamentary Affairs Dr Babar Awan during the session chaired by Senate chairman Sadiq Sanjrani. This legislation is related to fulfill certain requirements of the Financial Action Task Force in order to exclude Pakistan fro its grey list.

While addressing the House, Pakistan Muslim League-Nawaz (PML-N) leader Mushahidullah Khan said that the government remains silent on the major issues. He said that foreign minister should have taken action over entry of TikTok stars in the ministry office. Meanwhile, Foreign Minister Shah Mahmood Qureshi thanked the Senate members for approving the legislation related to FATF and foiling the Indian designs to push Pakistan towards FATF’s black list.

He said Pakistan has undertaken this legislation in compliance of its obligations to implement International Court of Justice’s judgment in Indian spy Kulbhushan Jadhav case.

Regarding issuance of International Court of Justice (Review and Re-consideration) Ordinance, 2020, the Foreign Minister said it was also a step to fulfill Pakistan’s international obligations. He dispelled the impression that any concession has been granted to Indian spy Kulbhushan Jadhav by making new laws.

Shah Mahmood expressed the confidence that after this legislation Pakistan will come out of the FATF grey list as it has fulfilled all the requirements in this respect.

Anti-Terrorism (Amendment) Bill, 2020

The Anti-terrorism (Amendment) Bill, 2020 (Amendment in sections 2, 11O and insertion of section 11OOO of the Anti-Terrorism Act, 1997) aims to fulfill the obligation of the Financial Action Task Force (FATF) to exclude Pakistan name from the grey list. It defines ‘Person’ in section 2 as an additional clauses named (pa) which provides detailed definition of individuals.

As per the Federal Legislative List provided in the Fourth Schedule of the Constitution of Islamic Republic of Pakistan 1973, the Federal Government for compliance of international treaties, conventions and agreements and international arbitration can make legislations and rules to enforce such decisions.

United Nations (Security Council) (Amendment) Bill, 2020

The bill aims at ensuring effective implementation on the resolutions of the UN Security Council. According to statements of objects and reasons of the bill, the implementation of the obligations of the resolutions adopted by the UNSC under Chapter VII of the United Nations Charter are fulfilled through the United Nations (Security Council) Act, 1948 (XIV of 1948). Under the said Act, the Federal Government passes orders, directing authorities in Pakistan to implement various measures in the Security Council resolutions, including the freezing and seizure of assets, travel ban and arms embargo.

The Act does not contain an indemnity clause to provide protection to the persons implementing in good faith, the orders passed under the Act. Furthermore, there is a requirement to give powers to the Federal Government to make rules for carrying out the purposes of the bill. In addition, the power to issue orders under the bill needs to be delegated by the Federal Government to ensure that the orders are issued in a timely manner, within a matter of a few hours, as required by the Security Council. It is to be mentioned here that a total of six ordinances, The International Court of Justice (Review and Re-consideration) Ordinance, 2020, The Public Procurement Regulatory Authority (Amendment) Ordinance, 2020, The Public Private Partnership Authority (Amendment) Ordinance, 2020, The Companies (Amendment) Ordinance, 2020, The Corporate Restructuring Companies (Amendment) Ordinance, 2020, and The Companies (Second Amendment) Ordinance, 2020, were tabled before the House on July 29 for approval.

---with input from APP