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German Measures Against International Terrorism - Rudolf Roy

Guiding principle: Comprehensive Strategy

Measures in the in the „classical" fields of internal security such as Criminal law and Competencies of Police forces;

but also in other areas for example Civil- and Health protection or Air and Sea security, Protection of critical infrastructures;

in the area of Visa policy, Border protection, Foreigner law, Asylum procedure;

Measures in the field of Foreign policy (co-operation with international organizations for example the UN or third countries).

Anti-Terror Package N° 1

Amendment to the Law governing Private Associations
Introduction of Section 129b of the German Criminal Code: possibility to prosecute the membership in and support of terrorist groups under criminal law, even if they do not have a relevant structure in Germany
Aviation-Security (Clearance checks)

Anti-Terror Package N° 2 --- Page 1

New competencies of the Federal Office of the protection of the Constitution and for the Federal Intelligence Service
Expanding competencies for the Military Counterintelligence Service
Expanding Competencies of the Federal Criminal Police office
Expanding Competencies of the Federal Border Police

Anti-Terror Package N° 2 --- Page 2

Amendment of the Act governing Passports and Identity cards
Amendment of the Security Clearance Check Act
Stepping up the law governing Private Associations
Amendment to the Social Code

Anti-Terror Package N° 2--- Page 3

Aliens Act
Asylum procedure
Act governing the Central Aliens Register

Refusal to grant a visa or residence authorisation to any persons who engage in or support terrorism or acts of violence;

Expansion of the grounds for regular expulsion;

Uniform format for residence permit; Possibility to use biometric data for documentation of foreigners;

Protection from deportation for political refugees is restricted by making use of the provisions set forth in the Geneva Refugee Convention of 28 July 1951(Article .

A legal base was created in the Asylum Procedure Act to record peoples voices

Visa policy: prior consultation of the security services before delivering a visa; extension of the list of "risk countries"

Central aliens register: visa file that was upgraded into a file containing visa-related decisions

Co-operation with
the UN
Germany is one of the active players
Germany has already ratified 11 Counter Terrorism Conventions; the 12 Convention will be ratified in the very near future;

Active support of the UN-Counter Terrorism Resolutions (namely for the work of the Taliban/Al-Qaida- Sanction Committee 1267 (1999) and for the Counter Terrorism Committee (CTC) of RS 1373 (2001);

Listing of Al- Qaida /Taliban 1267 (1999); 11 listings on the basis of German proposals; further listings are currently prepared;

2 (g) Prevent the movement of terrorists or terrorist groups by effective border controls and controls on issuance of identity papers and travel documents, and through measures for preventing counterfeiting, forgery or fraudulent use of identity papers and travel documents;…
3 (f) Take appropriate measures in conformity with the relevant provisions of national and international law, including international standards of human rights, before granting refugee status, for the purpose of ensuring that the asylum seeker has not planned, facilitated or participated in the commission of terrorist acts;
3 (g) Ensure, in conformity with international law, that refugee status is not abused by the perpetrators, organizers or facilitators of terrorist acts, and that claims of political motivation are not recognized as grounds for refusing requests for the extradition of alleged terrorists…

Quick an comprehensive reaction of the EU after the 11th of September;
Road-Map with around 7o measures to fight against Terrorism was adopted;
Note: comprehensive approach: measures in the „classical" field of JHA (such as police co-operation, visa policy, border protection issues) as well as measures in the field of foreign policy (co-operation with international organizations for example the UN or third countries, des Civil- and Health protection, air and sea security);
In the JHA sector: listing of terrorists, enhancing Europol, security features for visa sticker and identity documents, enhancing of Schengen Information System, setting up of a Visa Information system etc.

on the issue of anti-terrorism legislation and its impact on migration