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he was buried on monday, 26 september 2011 immediately after the asr prayer in the baniyas graveyard in shamkha, abu dhabi.
ودفن يوم الاثنين الموافق 26 سبتمبر 2011 مباشرة بعد صلاة العصر في مقبرة بني ياس في أبو ظبي.
bassam nabulsi, american business man, was able to smuggle the tape out of the united arab emirates. nabulsi’s lawyer had issued a letter to the minister of justice in abu dhabi, uae’s capital and the most powerful state within the federation, stating th
وبعث المحامي الذي يمثل رجل _الاعمال الامريكي بسام نابلسي الذي تمكن من تهريب الشريط الى خارج الامارات برسالة _الى وزير العدل في ابوظبي، عاصمة دولة الامارات والاكثر نفوذا في دولة الاتحاد _الاماراتية، يقول فيها إن لديه أدلة أخرى كثيرة ضد الشيخ عيسى.
letter dated 3 march 2003 from the chairman of the security council committee established pursuant to resolution 1373 (2001) concerning counter-terrorism addressed to the president of the security council i refer to my letter of 6 august 2002 (s/2002/907). the counter-terrorism committee has received the attached supplementary report from the united arab emirates submitted pursuant to paragraph 6 of resolution 1373 (2001). i should be grateful if you could arrange for this letter and its annex to be circulated as a document of the security council. (signed) jeremy greenstock chairman security council committee established pursuant to resolution 1373 (2001) concerning counter-terrorism annex letter dated 3 march 2003 from the chargé d'affaires a.i. of the permanent mission of the united arab emirates to the united nations addressed to the chairman of the security council committee established pursuant to resolution 1373 (2001) concerning counter-terrorism with reference to your note no. s/ac.40/2003/oc.230 dated 10 february 2003 regarding the request for further information on a number of preliminary comments/questions on the report submitted by the government of the united arab emirates pursuant to paragraph 6 of security council resolution 1373 (2001), i have the honour to transmit herewith the follow-up report from the ministry of foreign affairs of the united arab emirates (see enclosure). (signed) abdulla k. al-shamsi chargé d'affaires a.i. enclosure [original: arabic] report of the united arab emirates to the counter-terrorism committee paragraph 1 of the resolution subparagraph 1 (a) do the circulars of the central bank mentioned in relation to this subparagraph and other subparagraphs have the force of law? if so, on what basis? what legal and practical measures exist for the supervision of the financial operations of the holders of licenses authorizing the collection of charitable contributions? circulars of the central bank aimed at prohibiting and suppressing the financing of terrorism have the force of law by virtue of the powers conferred upon the board of directors of the central bank by articles 121 and 131 of federal law no. 10 of 1980 concerning the central bank, the monetary system and regulation of the banking profession with regard to the issuance of such circulars, notices and instructions as it deems necessary in order to regulate the banking profession. although audit and inspection of accounts of charitable, social and professional associations are the responsibility of the ministry of labour and social affairs, the central bank also plays a role in that area, as evidenced by its circular no. 24/2000, article 3, paragraph 2, which prohibits the opening of accounts for cooperative organizations and charitable, social or professional associations that have not submitted a certificate signed by the minister of labour and social affairs attesting to their status and authorizing them to open such accounts. subparagraph 1 (b) how is effect given in the united arab emirates, as a matter of domestic law, to the requirement of the arab convention for the suppression of terrorism “for the blocking and confiscation of assets and funds derived from, used in or relating to terrorist crimes”? the various articles of the federal penal code mentioned in relation to this subparagraph appear to relate only to actions directed against the internal interests of the united arab emirates. according to the constitution, the international instruments to which the state is a party are binding on the federal authorities as soon as they are ratified. again according to the constitution, all state institutions, including the courts, are bound in many cases to apply the provisions of the international instruments even if domestic legislation has not been adopted to that effect. that is true of the arab convention for the suppression of terrorism. the answer to the question is that domestic laws already exist that define the circumstances in which funds derived from criminal acts may be frozen and the procedures to be followed, the key text being federal law no. 4 of 2002, articles 2/2 and 4, which make money-laundering a criminal offence. article 2/2 of the law indicates the types of criminal offences for which the funds derived therefrom may be frozen and seized; article 4 of the law specifies the parties authorized to take such a step. is there any provision in the code or another law that applies those articles to actions having a transnational character, or is any such provision proposed? in the response relating to paragraph 2 (e), attention was drawn to the formation of a committee in the ministry of justice, islamic affairs and religious endowments to review the criminal laws in order to bring them into line with new international developments in combating the serious criminal offences covered by the notion of terrorism. the committee in question has completed its work and submitted proposals, some of which have to do with adding new provisions to the penal code so that it covers transnational acts. subparagraph 1 (c) what is the time frame within which a court order can, in practice, be obtained under article 4.2.2. of the anti-money-laundering law for “the freezing or attachment of funds suspected of being intended for use in terrorist crimes or any of the crimes addressed in the international conventions to which the state is a party”? article 4 of federal law no. 4 of 2002 on money-laundering empowers the central bank to order the immediate freezing of suspect funds for a maximum period of seven working days and authorizes the public prosecutor to extend the freezing or attachment of such funds in the office of the public prosecutor until the end of the investigation. if the public prosecutor decides to bring the matter before the competent court, it is the court that decides on the extension of the attachment for an indefinite period. in other words, when the competent court is seized of the matter, the funds in question have already been frozen, attached or confiscated, and it is the court that decides whether to extend the attachment for an indefinite period or to end it. subparagraph 1 (d) what are the criteria by which, under the relevant central bank circular, financial institutions are required to identify transactions as suspicious and therefore reportable? please outline: the “complete system of additional obligations” imposed on financial institutions by that circular, and the provisions of the other “circulars covering the banking and financial aspects of the forty recommendations of the financial action task force on money laundering (fatf)”. please indicate the laws and procedures available to regulate alternative remittance systems, including systems of, or similar to, the kind known as hawala. circular no. 24/2000 dated 14 november 2000 and amendments thereto specify the international criteria to be applied in that regard, which correspond to the recommendations of the financial action task force on money laundering and the european anti-money-laundering recommendations. presently there is no law governing parallel fund transfer systems. as part of its efforts to establish the necessary rules, the state, through the central bank, organized a conference on the hawala system on 15 and 16 may 2002. the conference adopted a declaration (declaration of abu dhabi), which contains a number of recommendations that the relevant agencies are currently examining. paragraph 2 of the resolution subparagraph 2 (a) as with the articles of the federal penal code mentioned in relation to subparagraph 1 (b), the articles mentioned in relation to this subparagraph appear to relate only to actions directed against the internal interests of the united arab emirates. is there any provision in the code or another law that applies those articles to actions having a transnational character, or is any such provision proposed? in the response relating to paragraph 2 (e), attention was drawn to the formation of a committee in the ministry of justice, islamic affairs and religious endowments to review the criminal laws in order to bring them into line with new international developments in combating the serious criminal offences covered by the notion of terrorism. the committee in question has completed its work and submitted proposals, some of which have to do with adding new provisions to the penal code so that it covers transnational acts. please outline the provisions of the firearms, ammunition and explosives law, and any other provisions, relating to the eligibility of persons for the grant of a licence to possess, acquire or carry a firearm or explosive substance and to the suspension and cancellation of licences granted, and the law relating to the import and export of firearms, other weapons and explosives. with regard to the provisions of the legislation on firearms, ammunition and explosives, it should be pointed out that under article 1 of federal law no. 11 of 1976, as amended, firearms, ammunition and explosives are defined as follows: subparagraph (b): the word weapon means “any firearm of any kind whatsoever and any component or spare part relating to such weapon; this definition covers all types of rifle, pistol and submachine gun”. subparagraph (e): the word explosive means “all explosive substances of any kind whatsoever, instruments used to cause such substances to explode, primers and explosive substances and solutions such as nitroglycerine”. article 2 of the aforementioned law stipulates that: “it shall be prohibited for any natural or juridical person to purchase, carry, trade in or use in any way whatsoever firearms, ammunition or explosive substances unless such persons are in possession of a licence issued for that purpose by the competent authority in accordance with the provisions of the law. the aforementioned provision does not apply to the defence, police and security forces. as to the eligibility of persons for the grant of a licence to own, possess or carry firearms or explosive substances and the provisions relating to the suspension and cancellation of licences granted, it should be pointed out that: article 134 of federal law no. 11 of 1976 provides that: “this law shall be without prejudice to the right enjoyed exclusively by citizens to keep in their homes such rifles and pistols as they may need for their own use in order to defend themselves, together with the necessary ammunition, provided that such citizens have obtained from the competent authority a licence to purchase weapons”. article 12 of the same law stipulates that no licence shall be issued: to persons who have been convicted of assault on others; to suspects, fugitives from justice and persons placed under police surveillance; to persons convicted of carrying weapons during the commission of criminal offences in which weapons were used; to persons suffering from mental or psychological illnesses; to persons aged under 21 years; to alcoholics or drug addicts. articles 24 and 25 define the modalities for the import and export of weapons and ammunition; in this regard, article 24 provides that: “the competent authority may issue licences for the manufacture or export of weapons, ammunition or explosives only after obtaining the consent of the council of ministers.” article 25 stipulates that: “any person wishing to obtain a permit to carry on a business connected with firearms, ammunition or explosives (manufacture, repair, sale, import or export) shall be obliged to conform to the conditions laid down by the competent authority pursuant to the ordinances adopted by the competent minister in application of the provisions of this law.” in addition, article 6 of decision no. 22 of 1977 of the minister of the interior specifies the following conditions for eligibility for the grant of a licence to carry, possess or trade in firearms and ammunition: “subject to the provisions of the preceding article, the applicant must enclose the following documents with his application: a certificate from the police or security services confirming: (a) that he has no criminal record; (b) that he is not under police surveillance. a birth certificate confirming that he is 21 years of age; if it is not possible to obtain such a document, an estimate of the applicant's age may be accepted, provided that it is issued by the competent medical services of the ministry of health. where there is doubt as to the state of the applicant's health, a medical certificate drawn up by the competent medical services of the ministry of health confirming: (a) that he is of sound mind and is not suffering from any mental, psychological or neurological illness; (b) that he is not a drug addict or an alcoholic. the competent authority must verify that the applicant is a citizen of the united arab emirates by checking his certificate of nationality and noting its number. article 7 of the same decision provides that: “no licence referred to in article 4 of this decision may be issued without the consent of the state security services.” with regard to the provisions relating to the import of weapons and ammunition, attention should be drawn to article 4 of federal law no. 11 of 1976, which stipulates that: “licences for the import of firearms and ammunition shall be issued by the competent department of the ministry of defence in accordance with the provisions of this law.” please outline the measures, both legislative and practical, preventing entities and individuals from recruiting, collecting funds or soliciting other forms of support for terrorist activities to be carried out inside or outside the united arab emirates, including, in particular, the carrying out of recruiting, collecting of funds and soliciting of other forms of support in other countries. the arab convention for the suppression of terrorism, which has been ratified by the united arab emirates, contains the following provisions in article 3, paragraph 1, subparagraph 1: states parties undertake: to prevent the use of their territories in any way whatsoever for the planning, organization, execution or commission of terrorist crimes or for participation in such crimes, including by adopting measures to prevent terrorist elements from infiltrating, seeking refuge or residing in their territories, either individually or collectively, and from being trained, armed or financed therein. likewise, part two, article 4, stipulates that states parties shall undertake to exchange information on the sources of financing of terrorist groups and of their leaders and members and that, at the practical level, the security services should coordinate their respective efforts to prevent the mobilization of funds by groups or individuals with a view to their use in terrorist acts. please outline the measures, both legislative and practical, preventing entities and individuals from recruiting, collecting funds or soliciting other forms of support for terrorist activities to be carried out inside or outside the united arab emirates, including, in particular, the carrying out, within or from the united arab emirates, of recruiting, collecting of funds and soliciting of other forms of support from other countries, and deceptive activities such as recruitment based on a representation to the recruit that the purpose of the recruitment is one different from the true purpose and collection of funds through front organizations. given that articles 149 and 150 (c) of the federal penal code (law no. 3 of 1987) provide penalties for any person who mobilizes troops or men or who collects funds, provisions, munitions or any other article for illicit purposes, it is inconceivable that persons could be recruited for purposes other than the actual purpose. likewise, funds may only be collected with an official permit issued by the competent state authorities, and such permits are granted only to entities authorized by those authorities. subparagraph 2 (b) please provide particulars of the increases in the penalties for perpetrators of crimes of extremism and terrorism, as mentioned in relation to this subparagraph. are the increases the result of legislation or of changes in judicial sentencing practice? this question has already been answered in relation to subparagraph 1 (b); it should be made clear that the increases in question come within the framework of the proposed amendments to the federal penal code (law no. 3 of 1987). in what respect has national legislation been aligned with international conventions relating to terrorism, as mentioned in relation to this paragraph? the international instruments relating to terrorism ratified by the united arab emirates have been promulgated by federal decrees published in the official gazette. they are thus an integral part of domestic law, which all the parties concerned, each in his area of competence, undertake to apply. attention has been drawn to the establishment of a committee charged with revising the federal penal code (law no. 3 of 1987), which is required, inter alia, to take into account issues arising from international instruments that require action by legislators. subparagraph 2 (c) please outline the basis on which eligibility for the grant of visas, entry permits and residence permits is determined. chapter 3 of interior ministry decision no. 360 of 1997 promulgates the implementing regulations for federal law no. 6 of 1973, which establishes the basis on which foreigners may enter the country and reside there, lists the various types of entry permits and visas and defines criteria for their issuance and for application procedures. article 23 of that same decision contains the following wording: “conditions to be fulfilled by foreigners in order to obtain an entry permit for the purpose of taking up employment when the recruiting entity is a private enterprise, it must obtain authorization from the ministry of labour, which verifies the validity of the permit to exercise the business activity. when the recruiting entity is a public-sector enterprise, body or institution, it must apply directly to the department dealing with nationality issues; that department issues the permit on the basis of the decision by the competent authority appointing the person concerned. if the recruiting entity is a foreign or international body, the application shall be made as follows: (a) the employer must be an embassy, consulate, international body or institution, arab or foreign social body, church, or embassy school; (b) the recruitment must be for a non-diplomatic administrative post, since the application is to be approved by the ministry of the interior.” article 28 of the same decision sets out the conditions to be met by those applying for entry or residence permits: “1. rejoining the father, mother or guardian; being enrolled at a university, faculty or institute in the united arab emirates; participating in a training course or specialized course in a public-sector company or body; for foreign women, having at least one child by a deceased or divorced husband who is a citizen of the united arab emirates; for holders of foreign passports, being the parent or child of a male citizen of the united arab emirates; for holders of foreign passports, being the husband or child of a female citizen of the united arab emirates; for the foreign wife of a citizen of a member state of the gulf cooperation council, holding a valid residence permit for the state of which her husband is a citizen, provided that the arrangement is reciprocal; being a family member of a foreign woman exercising a highly specialized or important profession such as medicine, engineering or teaching and having the qualifications described in paragraph 4 (f) of article 23 of the aforementioned legal instrument, provided that sponsorship requirements are com
رسالة مؤرخة 3 آذار/مارس 2003 موجهة إلى رئيس مجلس الأمن من رئيس لجنة مجلس الأمن المنشأة عملا بالقرار 1373 (2001) بشأن مكافحة الإرهاب أود أن أشير إلى رسالتي المؤرخة 6 آب/أغسطس 2002 (s/2002/907). وقد تلقت لجنة مكافحة الإرهاب التقرير التكميلي المرفق المقدم من دولة الإمارات العربية المتحدة عملا بالفقرة 6 من القرار 1373 (2001). أرجو ممتنا تعميم هذه الرسالة وملحقها بوصفهما وثيقة من وثائق مجلس الأمن. (توقيع) جيريمي غرينستوك رئيس لجنة مجلس الأمن المنشأة عملا بالقرار 1373 (2001) بشــــأن مكافحــــــة الإرهـــــاب مرفق رسالة مؤرخة 3 آذار/مارس 2003 موجهة إلى رئيس لجنة مجلس الأمن المنشأة عملا بالقرار 1373 (2001) بشأن مكافحة الإرهاب من القائم بالأعمال للبعثة الدائمة لدولة الإمارات العربية المتحدة لدى الأمم المتحدة بالإشارة إلى مذكرتكم رقم s/ac.40/2003/oc.230 المؤرخة 10 شباط/فبراير 2003 والمتعلقة بطلب معلومات إضافية بشأن عدد من التعليقات الأولية والأسئلة فيما يتعلق بالتقرير المقدم من دولة الإمارات العربية المتحدة عملا بالفقرة 6 من قرار مجلس الأمن 1373 (2001) يشرفني أن أحيل إليكم هنا تقرير المتابعة الوارد من وزارة خارجية دولة الإمارات العربية المتحدة. (توقيع) عبد الله ك. الشمسي القائم بالأعمال [الأصل: بالعربية]