Terror Financing:
Terrorist networks and operations feed on financial resources. Preventing and effectively curbing terrorism financing is therefore among the most important steps for countering terrorism. Curbing terrorism financing is indeed tantamount to nipping the evil in the bud.
The global efforts on combatting terrorism recognize the importance of terrorism financing as key ingredient of the operational capacity of the terrorist groups. Curbing the availability of finances, and the capacity to transfer and use them for operations, is high on policy agenda of counter terrorism regimes.
The global approach for dealing with terrorism financing considers money laundering as a similar criminal act. It is based on the following assumptions:
i. Overlap of sources of funding in similar predicate crimes.
ii. Overlap of similar transfer channels used for the both.
iii. Risk Based Approach is applicable to both, including for assessing the causal relationship among threat, vulnerability and risk.
iv. Both occur in weak regulatory environments.
v. Both are very good at adapting to changes.
vi. Both use largely illegitimate money.
vii. Similar legal, regulatory and enforcement measures can curb and restrict the both.
The Process Flow of TF: The multiple factors of high risk profile, high incidence of predicate crime, existence of UNSC-proscribed terrorist organizations, and availability of weakly regulated or non-regulated channels of funds transfer enable a process of flow of terrorism financing, which is explained in the following diagram:

This process flow of terrorism financing is because of existence of different vulnerabilities within the public and private spheres. As these vulnerabilities have become opportunities for terrorism financing, these need to be closely examined and analysed to understand the process.
Institution-wise analytics to ascertain the risk of terrorism financing: [MER refers to Mutual Evaluation report carried out between GOP and FATF & IMF]
Policy Level
| Institutions and Function | TF stage and relationship | MER assessment | Recommendations |
| NEC, GC, MoF,MoI, MoFA(legislative and policy-level recommendations) | All 4 stages(collection, stashing, conveyance and use). |
Demonstration deficit in assessing risk and applying risk based approach for policy action (PC) (No TF risk assessment of legal persons, NPOs, Waqfs, trusts; risks associated with funding of TOs; No analysis of new technologies; and lesser focus on cross border (cash smuggling). | |
Regulatory level - Federal Government
| Institutions and Function | TF stage and relationship | MER assessment | Recommendations |
| SBP and SECP(regulatory level) | Stashing and transfer/conveyance(including cash). | Limited understanding at the time of onsite visit. However SBP and SECP have issued regulations for CDD, and EDD, which have been incorporated by banks. FIs do not have adequate systems to provide STRs on high-risk predicate crimes like drug trafficking. | Improve regulations of FIs and demonstrate risk assessment of legal persons(SECP); there was no risk understanding of STR reporting on legal persons. |
| PSX (Pakistan Stocks Exchange) | Stashing and transfer | PSX is regulated by SECP and has data on public limited companies (legal persons). | Improvement in CDD and risk based approach regarding TF should be observed (only 926 cases of CDD, KYC breaches were detected till 2019; not commensurate with the risk profile). |
| Pakistan Post and Central Directorate of National Savings(CDNS) –undocumented and unregulated agencies | Stashing of funds and transfer | More than 13,000 Post offices across the country performing agency function (Saving Bank)and PLI on behalf of Ministry of Finance. Transactions manual and no understanding of TF risks
CDNS issues bearer bonds and National Saving Certificates which are alternate legal tender; a similar high risk profile as for Pakistan Post. | Raising TF risk understanding and regulating these hitherto unregulated agencies, at the institutional and operational levels. Establishing reporting mechanisms is also crucial. |
Implementation level-Federal
| Institutions and Function | TF stage and relationship | MER assessment | Recommendations |
| Financial Monitoring Unit (STRs and CTRs) | Detection- Financial intelligence for preventing stashing and conveyance |
CTDs don’t have direct access to FMU intelligence; only though court order.
FMU has no access to tax database.
No formal linkage between FMU and NACTA.
No formal exchange of info between FMU and foreign similar agencies.
Currency seizure cases are shared with FMU by customs on monthly basis.
FMU does not share data with NACTA.
1394 proactive Intel cases provided by FMU16.
Gives detail of use of FMU agency wise. | FMU to be strengthened further and its role in providing financial intelligence may be strengthened; also needs capacity building.
CTDs to directly access FMU data proactively.
Besides FIA, CTD persons to be deputed to FMU. |
| FIA | Investigation and prosecution TF cases | Demonstrated low capacity and use of FI for proactive investigation, e.g. 81 cases of TF proactively reported to FIA (27closed and 54 at inquiry stage). | The capacity of FIA for investigation of TF may be augmented. A Federal CTD may also be established with amendments in FIA Act. |
| NACTA | Policy coordination at all levels for all stages of TF (TF-Sub Committee with in NACTA) |
NACTA has not access to FMU(not an investigation agency).
TF Committee is working, SOP issued in 2018, and now TF investigation policy approved and issued by PM office |
NACTA’s strategic role to be increased. FMU data to be shared with NACTA for trends analysis. High frequency meetings of TF sub-committee be held. |
| ANF | Drugs trafficking a major predicate crime(Collection stage in TF). | 4951 investigations (2,785convictions and 3,396 persons convicted – TF angle was not a major concern.18 CNSA has provision for MLA and is made use of by ANF. | Parallel TF investigation made part of drug trafficking investigation.
Amendment in CNSA2007 and sub-ordinate legislation be framed accordingly |
| Customs | Cash transfer (cross border) and smuggling a predicate crime. | Pakistan Customs confiscated a total of USD 4.32 million currency at various borders between 2012 and 2018. |
TF angle to be included as cash smuggling and smuggling are major predicate crimes. It is being done, however it needs to be strengthened and mainstreamed. |
Implementation level-Provincial
| Institutions and Function | TF stage and relationship | MER assessment | Recommendations |
| Provincial Police and CTDs |
Investigation at all stages of TF(collection-stashing conveyance and use) | CTD Punjab stands out as having better understanding of TF and also has established an R&W Wing. It cannot directly access FMU data or proactive TF related financial intelligence. | CTDs to be provided direct access to FMU data and CTD personnel to be placed in FMU on deputation for viewing STRs CTRs with TF angle |
| Prosecution departments | Prosecution of all TF stages of crime | Low understanding of TF. | Rigorous training for prosecution departments. |
| Home Department | Proscription of TOs | Lack of data is the main issue regarding Home Departments. | High frequency data sharing and availability is urged. |
| Social Welfare Department | Stashing of funds and means of conveyance through cooperative societies. | The information on cooperative societies was meager. | Mapping of all cooperative societies (including beneficial owners) and uploading data on all websites (RTI provisions for proactive disclosure). |
| Auqaf | Stashing of funds in property. | Waqf properties. | A mapping exercise to be undertaken and information about beneficial owner, use of rent earnings to be documented and displayed under RTI legislation (proactive disclosures). |
Hawala/hundi or Money Value Transfer Service (MVTS):
‘Promissory notes,’ a traditional and informal mode of money transfer, have been increasingly used for TF. Anecdotal evidence points out that the hundi/hawala business in Pakistan is around USD 12 billion;20 it works around the Foreign Exchange Regulation Act 1947.
This ancient system of cash transfer poses a huge TF risk, as was also recognized in Pakistan’s NRA report of 2017. The illegal MVTS operators have opened shops across Pakistan making it a thriving business and a channel for largely less educated Pakistani diaspora.
To facilitate remittances through formal, the government implemented the Pakistan Remittance Initiative (PRI) in 2015. The success of this initiative is sub-optimal as reflected in NRA by Pakistan in 2017 and noted in MER in 2019.
Civil society and nonprofit organizations: [NGO's]
NPOs are considered among high-risk areas because of their possible misuse for terrorism financing; the NPOs’ misuse of donation, as assessed through STRs analysis, is 0.14%.23 Although SECP has issued guidelines for NPOs to evaluate risks, the MER was not convinced by the regulators’ understanding and thus outcome in terms of checking the misuse of NPOs for terror financing.
What compounds the problem is multiple types of NPOs such as so-called liberal non-governmental organizations or CSOs, Islamic charities (usually involved in relief and collective goods activities), traders bodies, and manufacturing associations.
SECPhowever also de-registered many NGOs. According to some reports, there were 46,000 NGOs operating in Pakistan and after the regulatory focus was diverted to this sector only 16,000-17,000remained.
The charity factor: Pakistan has proscribed many so-called welfare or charity organizations, which were reportedly linked to banned militant and religious groups, such as Falah-e-Insaniyat Foundation (FIF), Al-Rasheed Trust, and Al-Khair Trust, among others.
However, the 2019 Mutual Evaluation Report noted that these charitable organizations were still operating, especially the ambulance service of FIF. Pakistan is one of the most charity giving nations in the world.
It is considered a social safety net for poor and needy. A study published in 2016 revealed that just in the year 2014, PKR 239.7 billion were given in charity.
| Type of giving | Amount (PKR in billions) | Percentage |
| Non-Zakat/monetary | 70.8 | 30 |
| Zakat [an Islamic obligation] | 25.4 | 11 |
| In-kind [giving] | 35.1 | 14 |
| Time [volunteered] | 83.2 | 34 |
| Usher [or agricultural levy] | 13.9 | 6 |
| Animal hides | 4.9 | 2 |
| [Giving at] shrines | 6.4 | 3 |
| Total | 239.7 | 100 |
There are Zakat and Ushar Departments in provincial government, but they don’t have a regulatory mandate. The banks deduct Zakat on 1st of Ramadan but the volume of official Zakat collection is very small; people generally tend to give Zakat directly. The volume of non-Zakat charity is even higher than Zakat.
Pakistan’s Anti-Terrorism Act 1997 (as amended from time to time) is the principal substantive law which governs the offence of terrorism. A 2019 report by Law and Justice Commission of Pakistan on police reforms noted that 48% cases registered under ATA were discharged by the courts. There port also stated that 4.6% cases registered under ATA between 2005 and 2011 were related to bombing, including suicide and complex attacks, in Punjab; therefore about 96% of registered cases were not strictly terrorism offences.
ATA should also have provisions for MLA[Money laundering] on the pattern of CNSA especially regarding TF [Terrorism Financing].
Witness Protection Laws should be enacted (Federal and Punjab laws have been) and special allocation to be made under these laws in recurrent budgets of all LEAs.
While terrorism has been dealt with the use of force, or kinetic responses, the issue of terrorism financing has hardly been treated even as an ancillary part in investigation, prosecution and conviction. At the policy level, the National Action Plan’s (NAP) 20 clauses entail one on curbing terrorism financing, which says that ‘financial sources of terrorists and terror organisations will be cut’. But many contest the effectiveness of NAP as a whole.
Terror financing happens below the radar of law enforcement. Therefore, the most plausible approach to curb this secretive crime is to reduce the risk of it by reducing vulnerabilities. The capacity of TOs[Terrorist Organisations] has a directly proportional relation with the vulnerabilities existing on structural and transactional levels. The following diagram illustrates this concept:
The government of Pakistan must work amend legal instruments by introducing specific legislation pertaining to money laundering in relation to terrorism financing, it must increase the punishment for suspects involved in such crimes and the government has to work at pace to strengthen the legal frame-work and empower investigative agencies at the federal and provincial level to identify, investigate and prosecute terrorism financing.