“I was born in Somalia, in Mogadishu,” Ibn Adam tells me as we start his interview in a Syrian Democratic Forces (SDF) prison reception area. Ibn Adam is a big black 29-year-old Somali man. He’s got a scar on his forehead and looks like he could reach out and strangle me quite easily, but his smile and his voice are warm as he begins to speak in English with me, answering my questions of how he decided to leave his home in Europe to go and join ISIS.
Ibn Adam came from Somalia to Europe as a war refugee at six years old. He’s one of the refugees that didn’t integrate well and eventually ended up falling into militant jihadist online seduction and traveling for jihad to Syria. Like many Somalis whose families fled war-torn Somalia, Ibn Adam doesn’t remember his father who went missing in the war and after his mother also died of illness, he was raised by a mix of relatives.
“We were pretty much a happy family,” Ibn Adam recalls of his aunt and grandmother who brought him with them to Europe, although they grew up in a poor immigrant neighborhood where Ibn Adam fell into a bad crowd. “She had benefits from the state,” he explains.
“Auntie loves me,” Ibn Adam says with a sweet smile crossing his face as he remembers her. “Last time I talked to her [while still in ISIS], she was telling me to come back, that she can’t sleep.”
“I was a bit of a trouble-maker,” Ibn Adam admits, telling how his aunt followed a common immigrant cure of trying to get him straightened out when he was showing signs of going down the criminal path as a preteen, by taking him back to the home country. In his case, she took Ibn Adam to live with his cousins in the Eastleigh neighborhood of Nairobi, Kenya, an area populated by so many Somalis that it is sometimes referred to as “Little Mogadishu.”
“She took me because I was in trouble. I was stealing from the teachers’ cigarettes and smoking [and stealing] candies.” The last straw was when Ibn Adam got caught stealing cookies from a kindergarten and was taken home by the police who decided not to press charges. “Gramma was home. She was angry.”
Ibn Adam spent two years in Kenya with extended family there, learning to follow the rules. “I became better and calm. I went to school [in Kenya,] but I always wanted to go back to Europe. [After two years,] they agreed for me to go back.”
At that point Ibn Adam was in the 9th grade and turning 16. “Teachers were saying I was smart,” Ibn Adam recalls. “It was easy, but I was lazy. I was studying media and liked to be on the computer.” Like many teen boys he recalls that he was more absorbed by computer games and sports than classwork. “I played games and did Free Running—stunts jumping from buildings.” Ibn Adam recalls one particular good influence in his life, “I liked English. I had the best teacher I had in all my life. Until today I still think about her. She was so kind. She cares about you. Everyone feels this, that she cares about you.”
Despite having a good mentor in high school and being smart, Ibn Adam didn’t attend university due to tragic events that occurred in his family. “My cousin got killed. He was on his way to the mosque, to do morning prayer, but there was a party in the parking lot, [a party] of Somalis. He told them it’s not good. He had a fight with one of them and he stabbed him. I got depressed, so I graduated from high school, but I didn’t go to uni. I started working instead.”
In regard to religion Ibn Adam recalls, “I was not practicing. My aunties and grandmother prayed, but I was never told to pray. I wanted to fast in winter [during Ramadan], but they didn’t let me. They said, ‘You fast at nighttime.’
“When I came back from Kenya, I was more religious,” Ibn Adam explains. “I had stages, on and off, up and down.” Ibn Adam was also not particularly interested in events in Syria either. “I was not a guy who watched the news.” Ibn Adam had other interests. “My life was all about Parkour [Free Running], training, watching animation and Play Station. I loved to watch Japanese animations. I want to hear about [Parkour], what they are doing, cartwheels and flips with buildings.” While he had many vulnerabilities to being interested in groups like ISIS, from his profile at the time, Ibn Adam should have never ended up going to join ISIS, given he had no exposure to ISIS propaganda or recruiters. No one was seducing Ibn Adam by telling him that ISIS could meet many of his unmet needs and frustrated aspirations.
However, things have a way of taking their own turns in people’s lives and Ibn Adam’s was no different in that regard. “The first time I heard about Syria was late 2013 and 2014,” Ibn Adam recalls. “I had a friend who was here [in Syria]. I heard he was here. We were not very close friends, but I knew him. We grew up in the same neighborhood.” In 2014, Ibn Adam’s friend returned from Syria, ostensibly to recruit others to join ISIS. “I saw him in mosque, at Eid. He bought me an I-Pad with lectures of Anwar al Awlaki.”
Awlaki, an infamous Yemeni imam lecturing in English is credited with convincing thousands of Muslims all over the Western world that militant jihad was their individual obligation, as was hijra—that is, moving to lands ruled by shariah law—and that building an Islamic Caliphate should be their goal as they fought jihad tirelessly till the end times. When Ibn Adam was introduced to Awlaki’s virulent influence, Awlaki was already dead, drone killed in Yemen by the American forces. Yet Awlaki was still alive and well on the Internet, as he lectured from beyond the grave and continued to draw young and impressionable Muslims into groups like ISIS.
“He knows how to speak,” Ibn Adam recalls of Awlaki, who was indeed a gifted orator. “Every lecture is one hour to two hours. I was a bus driver. I was bored. Before I used to listen to Quran [while driving the bus], so I started to listen to his lectures.” Awlaki, although already dead, lost no time in drawing Ibn Adam into ISIS. “I was listening to the life of Abu Bakr and about the Caliphate after Abu Bakr, and then onward. After I listened to these two lectures I said, ‘I want to go [to Syria].’”
Ibn Adam told his ISIS friend, who replied, “Good.”
“At that time, I didn’t know there were Muslims against going to Syria. I thought all the Muslims were for it and all non-Muslims against,” Ibn Adam explains.
Life events intervened again, however, preventing Ibn Adam from throwing his life away in Syria. “My grandmother was getting old and she wanted to die in Somalia. I took my grandmother and left her there, [but] before I went back, I told my friend in Somalia, ‘I want to go to Syria.’ He said, ‘It’s not allowed to go to Syria and fight there. You have to ask your parents’ permission and these people, what they are doing is wrong.’ I was shocked, but he said he had asked his Islamic teacher. I went back to Europe and said [to my other friend] ‘I’m not going. I prefer to go to Egypt and study my religion.’”
The recruiter friend answered shrewdly, “You have to ask someone who has been there. You can’t ask someone who doesn’t know, who hasn’t been there.” Ibn Adam, however, wasn’t convinced by this until he went back to listening to Anwar al Awlaki, this time about the constants of Jihad, which he admitted had a hypnotic effect upon him and renewed his desire to join the ISIS jihad in Syria.
Ibn Adam reached out again to his friend who had already returned to Syria and got the contacts for a smuggler to help him cross into Syria from Turkey. “I didn’t tell anyone,” he recalls. “I thought they will stop me.” Yet his family sensed something amiss. “I remember I was speaking to my cousin at my auntie’s house. She was telling me in a joking way, ‘If you would go to Syria, would you tell us?’ I was shocked. I said, ‘What? Why would I tell you? Why would I tell someone that would try to prevent me?’”
“I don’t know how they found out,” Ibn Adam explains, “but they found out when I was in Turkey and she wrote to me on Facebook [Messenger]. ‘Why did you do this? Why you leave us?’ [I answered,] ‘What are you talking about?’ I was trying to act normal because she might call the cops and they catch me. I was in Urfa [southern Turkey].” Indeed, some of the ISIS cadres I have interviewed had friends, or were themselves stopped in Turkey, when their home country police learned in enough time to prevent them, with the help of Turkish security officials, from crossing into Syria. Ibn Adam didn’t want that to happen to him.
“We met in Urfa,” Ibn Adam explains about the ISIS smuggler. “He took me to a safehouse. I stayed for about a day, [then I entered Syria. I] jumped over a fence.” Making use of his Parkour training, Ibn Adam recalls, “I made like a flip, otherwise I’d be stuck. We were 14 guys, men from Libya, Yemen, Palestine. First we threw our bags [over the fence] and then jumped over it. A lot of guys got stuck. It was daytime. I didn’t see Turkish soldiers, but I heard bullets. I don’t think they were shooting at us, but shooting to scare us. One guy said he saw the bullets in front of him hitting the ground.”
Upon his arrival into ISIS, Ibn Adam was first drafted into driving a minibus for newcomers coming through the Turkish/Syrian border. Next he was taken for military training in Iraq. Ibn Adam was not aware that being sent to the Iraqi battleground was essentially a death sentence but he soon understood when he was about to be deployed to Fallujah. Wising up, Ibn Adam refused to go, and was sent to Haditha instead from where he made his way back into Syria, to Raqqa. “In Raqqa the emir tells me I have to go back to Iraq,” Ibn Adam recalls, but he managed to evade it by finding Somali friends who came and took him into their ranks.
Reflecting back on the vision he held that had fueled his travel from Europe to Syria to join ISIS, Ibn Adam recalls, “When I thought about this place I thought everyone is angels, everyone is perfect. They will they will give me a car and a house, everything I need. I thought it would be like the days of the Companions. I thought everything was perfect. It was not.”
Ibn Adam admits, “I didn’t watch their videos, but as an Islamic State, I thought everyone will be acting according to Islam one hundred percent.” He recalls, “I was not disappointed in the beginning, but it was not exactly what I thought. He recalls the way his trainers in Iraq lied about the training schedule always claiming things would begin the next day, “In Islam it’s not allowed to lie, but when I see these guys say tomorrow, tomorrow…” Ironically, many of the European ISIS members were exasperated by this trait among the Arab ISIS leaders of failing to state things directly. And German ISIS joiners were even more infuriated by their Arab leaders’ total lack of punctuality.
Back in Syria, Ibn Adam realized he needed to join some fighting group. “I saw some guy asking people to go and fight, so I went with him. They didn’t give me weapon or grenade and battle vest. They were saying, ‘You’ll get it later. Jump on the truck. When you reach that place…’ I was scared, thinking why did I come? I was not in the front. I was in ribat [at the borders]. It was the first time I hear airstrikes and bullets and stuff like that. We went in. One guy was showing us the way. They try to hide from the drones, walking and hiding. Then, he was sitting and when he got up he got shot by a sniper.”
“No one else knew the way. We don’t know how to go back. We don’t know where to go. Then some other guys from Dawlah [ISIS] came. They took us to their place. We stayed for a day or two, then the room I was sleeping in they made a flash bang. I felt like I was in a tunnel. Everything is white after a flash bang. We retreated a bit. After a day or two, I wanted to go back. I couldn’t understand the structure. I can’t speak Arabic. They said you have to speak to the emir, he’s a French guy.”
Ibn Adam went to the emir saying “‘I want to go back.’ That’s the last thing I remember. Airstrike. I woke up in hospital. I was not one hundred percent. The guys took out cartilage in my knee, [put a] metal plate in my forehead. One guy said, ‘When you get shot, the bullet will go back.’ I said, ‘What are you talking about?’ It was the metal plate he was talking about. My finger was broken also.”
Ibn Adam recalls staying in hospital for two months and getting his regular pay alongside a payment for being injured, although his money was all stolen while he drifted in and out of consciousness. Upon his release from hospital, Ibn Adam was signed up to one of the brigades of foreign fighters. Its name was the Anwar al Awlaki katiba after the man who had incited him to join ISIS in the first place.
Ibn Adam was too injured to join the fighting again. But he was well enough to have ISIS help him to arrange to marry a Somali also coming from Europe. They had three children together although only one survived childbirth.
When he recovered, Ibn Adam changed to another katiba and drove a truck mounted with a heavy weapon. “I stayed through the siege in Raqqa,” Ibn Adam recalls. “[I got] mortared, small injury, shrapnel in my body. [There were] bombs close by. One time my house got bombed.” Ibn Adam recalls being so numb at that point that he wasn’t very scared. “There were a lot of people afraid. [There were] phantom drones. You know something is coming. If I see those in the area I go to another area. It comes to see everything, and I know mortar is coming. The other drones I didn’t think they will hit me. I was not in a high position.”
Like so many of the ISIS cadres I’ve interviewed who lived in Raqqa, Ibn Adam liked it at first, finding Raqqa a hospitable place that he and his family could enjoy. “Before the siege I liked it. It was pretty nice.” When asked about the punishments going on and the ISIS brutality Ibn Adam shrugs it off saying, “You hear sometimes people doing wrong, but you can live with it. I heard about if people leave they punish them. If someone wants to leave, why keep him here? He’s extra luggage. He will start to hate you even more, become a spy. If they want to leave, let him leave.”
When asked about the oppressive ISIS hisbah, or morality police, or their intelligence arm, the emni, Ibn Adam recalls having no dealings with them. “Nobody would come and speak to my wife.” Although he does admit, “Some people were very harsh. For example I saw one guy tell a woman to cover her eyes. She didn’t. I saw him stomp on the ground and scare her. ‘Cover your eyes!’ I got scared. If she doesn’t want to, leave her.”
Ibn Adam recalls happening upon the corpses of an ISIS execution carried out in Naim Square in Raqqa. “I felt sorry for them, depending on what these guys did. There was a lot of harshness in the State,” he adds, explaining that in the beginning he believed it was the fault of individuals, but not systematic brutality within ISIS governance itself. Ibn Adam was still naïve in the beginning recalling, “I came for a true Islamic State like in the days of the Companions. I thought everyone will be perfect.”
Ibn Adam and his small family escaped from the siege of Raqqa during a truce with the SDF. “There were busses and trailers,” he recalls. “They took us to Deir ez Zor area, to an area near Hajin.”
Recalling leaving Raqqa, Ibn Adam explains, “I didn’t quit at that time. When we came out from Raqqa, there was no paperwork. It was chaos, especially for those coming from Raqqa. The traffic police were stopping people, telling them they have to go sign up. After a month or two I joined [a katiba] again. You had to join to get pay, help, even to go to the hospital. If you don’t have their ID card, if you do things on your own, it’s difficult, apartment on your own, treatment in hospital.”
Ibn Adam and his wife settled in a small village with very welcoming Syrian neighbors, but it “didn’t last for long. Bashar coming across the river. I went to Bookimal for two, three weeks, then retreat after retreat.”
At this point Ibn Adam realized, “It is not what I thought. I thought I’d like to be in a real Islamic State. I wasn’t thinking I have to get out, but things were bothering me, especially the emni intelligence of the State, stories about them. It makes rage—the injustice. You hear about people going in prison, how they treat people, the very bad treatment, but you cannot speak about injustice openly. I was in Friday prayers and one guy lectured on injustice. I saw him later and he said, ‘I’m not allowed to preach anymore.’ He was in prison. Then the prison was bombed.”
“In Kishma it was like war, everyone was retreating. I borrowed some money and I bought 25 kg of rice. [When] it got finished, food got very expensive. I remember buying food for $1000—a half kilo of rice, 10 kilos of flour, ten packs of tuna, powdered milk and five 6-packs of lentils. That was cheap compared to Baghouz.”
“[I got injured] in Shafaa. [I was at that time] sleeping in the mosque. My wife was in a small school. I went to her and she asked me to buy food. Something exploded in the school. I got shrapnel in my leg. I went to hospital. They put a bandage and told me to go. They gave me a stick go to Sousa.” In Sousa, Ibn Adam found an abandoned pair of crutches in the mosque. He is, however, bitter to this day that ISIS didn’t help him when he was crippled by his injury, “Afterward I heard there were lot of crutches, but they didn’t give them out.”
At that point in the retreat, many foreign fighters were feeling that ISIS didn’t care about them and many feared being accused of being spies and executed. Others were angry that the Iraqis appeared to have everything needed—food, Kia trucks, money to rent nice housing, etc. while many foreign fighters dug trenches in the ground and lived under plastic sheeting overhead. “I heard that Iraqis had it very good. I see them selling stuff, so I know they had food. But where did it come from? They were selling it very expensive, which leads to another thing. If they are selling it, it means they have more, or what would they eat?” Ibn Adam asks.
At that point in retreating from ISIS’s crumbling statehood many were also deeply disappointed in the failure of the ISIS leaders to take charge to inspire the ranks. “There were a lot of people disappointed that Baghdadi did not make a speech,” Ibn Adam recalls.
Rumors were also flying about, many of them purposely started by ISIS to discourage fighters from abandoning the State. Ibn Adam recalls rumors about, “People will go out and stay [detained] for two months and then go to camps. They will send the women out, but it doesn’t make sense to me. How are you going to send your wife and kids to people you are fighting? We have been fighting them for years. They are going to suddenly take you and only take you for two months?”
Like many foreign fighters who couldn’t find housing in Baghouz, Ibn Adam recalls, “I lived in a trench. I found one that was ready. I tried to dig one, one time but I didn’t have energy. I was very tired. For two or three days we were in the trench.” Unlike most who recalled the trenches as pure hell, Ibn Adam recalls the trench being much better than the overcrowded home he had just abandoned. “It had a carpet. They made it very nice. It had a small wall in it. In the house we lived in first there were maybe 70 people, women and children in one side and men on the other side. There was no privacy. There was arguing with his wife to go get water. In the tent [trench] we had privacy.”
All the same, Ibn Adam had to crawl out of his trench to go get water and food. “I saw death.” Although he recalls witnessing the worst in that regard in Raqqa, “The most [death I saw was] in the siege of Raqqa, bodies.” In Baghouz, Ibn Adam recalls seeing a man shot dead in front of him, “He was walking with his wife. He got shot in the heart. He fell down from a sniper from the Syrian army.”
In Baghouz there was no longer food and many of the foreign fighters started eating the grain husks used for animal feed. Others boiled grass to feed their families. “[We used the husks of] grains for the animals. We made bread from it, dark bread, from the parts you usually throw away. It was harsh on the stomach.” While ISIS had previously fed its members, in Baghouz they fought only the fighters, ignoring even the injured ones. “If you were not fighting they gave one sardine for two guys, or one teacup of lentils.”
Remembering that Ibn Adam’s former friend and recruiter had told him he should only trust an ISIS insider, someone who had been there, to know whether to join or not, I ask him now from his experiences with ISIS if he has advice for others about joining the group. “With all this experience I would tell them live your life,” Ibn Adam answers without hesitation. “Think before you act. Problem is, I learn after I act. Smart ones learn from other people’s mistakes. That’s good. Good you learn. But to learn from others’ mistakes is better.”
Before Baghdadi was killed, his last video rallied ISIS supporters to revenge against Western powers for destroying the ISIS territorial Caliphate and for Baghouz. I ask Ibn Adam what he thinks about Baghdadi’s plea for revenge attacks at home in Europe. “That is not something I personally would do. Jack, or John, or Ahmed did this act and got caught and went to prison. What is the benefit? What did he get out of it? If you are injured laying on floor, or killed, he didn’t get benefit from it and it doesn’t bring back the dead to life. Why do it? What is the benefit?”
Since I was waiting for my taxi to the airport on the day in March 2016 that ISIS blew up the Brussels airport, I often ask ISIS members how they feel about that attack, curious to know what they’ll say. Some endorse it, making me angry inside, others strongly decry it. Ibn Adam is neutral on the subject. “I didn’t feel good, nor did I feel bad. I didn’t really feel anything. Something happened somewhere else, it didn’t affect you too much.” Similar to how he was earlier in his life, he recalls, “I didn’t follow the news too much.”
“I should care for others, but it’s not happening in front me of me, so I don’t feel too much,” he explains. But then he goes on to qualify his statement, “I don’t know anything in Islam that tells you can attack civilians. If I am a Muslim, I should talk to them in a good way, try to make people convert. Our Prophet said you have a package. It’s the way you deliver. You can knock on the door or throw it at him, or make it beautiful and say, ‘This is for you.’ Either way you delivered the message. I don’t know anything in Islam that says you are allowed to attack civilians, and that you should. Our Prophet said, ‘Don’t kill an old man who is not fighting, nor a woman who is not fighting. Don’t break the branches of trees, or burn them. Don’t fight those who are not doing anything.” Indeed, Ibn Adam paraphrases the scriptures of Islam, but he forgets how Awlaki and ISIS twisted other scriptures to convince people like him to come support their heinous acts against innocents.
While still debating his future in Baghouz, Ibn Adam recalls his father-in-law advising him to surrender after sending his wife out to the camps. Ibn Adam replied, “If I go out, only bad news will happen. You won’t hear about me. We heard the women reached the camps, but men no.” Yet when Ibn Adam finally surrendered himself to the SDF he recalls how good they were to him. “They gave me chicken and potatoes. I ate like a mad man. It was up on the mountain. They did a body search, then brought bread, eggs, chicken and potatoes. I loved the food. I didn’t have bread for a long time.” Most of the ISIS prisoners I’ve interviewed in SDF territory tell a similar story of relatively good treatment given the constraints of the overcrowded prisons and limited funds for staffing and food.
Ibn Adam will likely remain imprisoned in SDF territory for a long time given his country does not have any plans for repatriating citizens and weak laws for prosecuting returnees. Yet he seems like a good candidate for repatriation, to be brought to justice at home. He appears battle fatigued and claims he wouldn’t be interested to rejoin ISIS if it made a comeback. “After all I went through, go again? No! After all of this oppression and injustice?”
Interestingly, Ibn Adam states that of the men housed in his prison at least “90 percent are disappointed” in ISIS and feel the same way—that they would never go back. Whether or not he is telling the truth is impossible to say, but given his experiences of being repeatedly disappointed by ISIS, it seems likely.
“I want to go home,” Ibn Adam says. “I miss Europe. I miss even Somalia. I used to think it was harsh there, but after here I think I can go through anything.”
Author’s note: first published in Homeland Security Today
U.S.: From mass airstrikes to targeted terrorist attack
The U.S.-led military operation “Inherent Resolve” has begun in August 2014. Its ostensible purpose was a struggle with the gaining ground ISIS at that moment. As the operation develops, Australia, France, Great Britain, Saudi Arabia, the Netherlands, Belgium and other countries joined the American airstrikes.
United forces, with purposes to show power and strengthen its influence in the region carried out more than three thousand airstrikes in the first year, resulting in thousands of victims among civilians. It is worth to note that member states of the coalition didn’t try to hide the fact that their actions caused the death of thousands of people. In 2018, British authorities justified civilian deaths by the fact that militants used them as human shields and it was impossible task to minimize losses.
According to “Airwars”, the British non-government organization, from 2014 till 2019 up to 13,190 civilians were killed in Iraq and Syria as a result of the international coalition actions.
However, despite all the “efforts” and the Pentagon’s loud statements about the fight against international terrorism, the fact of the continuously growing territory controlled by the militants testifies the opposite. In addition, since 2015, facts of provided by Washington direct support to terrorists have begun to be revealed. U.S. and its allies produced weapons were repeatedly found in the territories liberated from jihadists. So, for example in 2017 during armed clashes with government troops militants used anti-tank TOW-2 and SAMS air defense systems of the U.S. production. Also, American medicines, communication tools and even component kits for UAVs were found in positions abandoned by terrorists.
The negative reaction of the international community began to rise in this context and Washington had no choice but to change the strategy of its activity in Syria. The practice of mass airstrikes was replaced by targeted terrorist attacks against government forces by their backed militants.
For implementing of such kind of actions, U.S. retained its military presence in Homs province where their military base Al-Tanf is deployed. A huge amount of evidence U.S. servicemen training armed groups fighters is widely accessible. Moreover it’s known that 55 km zone around Al-Tanf has been inaccessible to government troops for years and Syrian army attempts to enter the area were suppressed by the U.S. airstrikes.
At the same time, IS militants have been spotted moving in this region without encumbrance and used the base as a safe zone for regrouping. Terrorists slipped in Deir ez-Zor, Palmyra, as well as Daraa and As-Suwayda from this area. In addition, the U.S. has created the Jaysh Maghawir al-Thawra group to fight government forces in the eastern section of the border between Syria and Iraq. Initially, the armed group was created to fight against government troops, but after a number of defeats they started to protect the area around the Al-Tanf.
Up to the date Washington continues to insist on Bashar al-Assad government “illegitimacy” and actively supports so-called moderate opposition. Pursuing its selfish economic and political goals, the United States counters to the international law, completely ignoring the tens of thousands victims among civilians and millions of refugees flooded Europe. Although the role of the White House and its allies in supporting terrorist groups is difficult to overestimate, the United States obviously will not consider it enough.
FATF: A Sword of Damocles or a tool of financial discipline?
Pakistan has been groaning under the Financial Action Task Force restrictions. There is marked contrast between Pakistan’s and India’s view of Pakistan’s current status, compliant or tardy with regard to most of the conditions. Pakistan oozes optimism that it has complied with most of the conditions. India however is pessimistic about Pakistan’s ability to get over the bar anytime soon.
One hurdle to meet the FATF conditionalities was to have a permanent mechanism to nab and prosecute the offenders. Pakistan’s federal cabinet has already approved a new set of rules to amend Anti-Money-Laundering (Forfeited Properties Management) Rules 2021 and the AML (Referral) Rules 2021. Thus, Pak government is now all set to set to introduce new rules on forfeiture, management and auction of properties and assets relating to Anti-Money Laundering (AML) cases and transfer of investigations and prosecution of AML cases from police, provincial anti-corruption establishments (ACEs) and other similar agencies to specialised agencies to achieve remaining benchmarks of the Financial Action Task Force (FATF).
These rules and related notifications for certain changes in existing schedule of Anti-Money Laundering Act 2010 (AMLA) would come into force immediately to be followed by appointment of administrators and special public prosecutors for implementation.
These legislative steps would help the FATF determine whether Pakistan has complied with three outstanding benchmarks, out of 27, that blocked its exit from the so-called grey list in February this year. The FATF has planned several meetings in the second week of June, ending in the FATF plenary on June 21-25.
The three outstanding action points (out of total 27) include (i) demonstrating that terrorist financing (TF) investigations and prosecutions target persons and entities acting on behalf or at the directive of the designated persons or entities; (ii) demonstrating that TF prosecutions result in effective, proportionate and dissuasive sanctions; and (iii) demonstrating effective implementation of targeted financial sanctions against all designated terrorists, particularly those acting for them or on their behalf.
Within framework of the amended rules, the Pak government would appoint dozens of administrators with the powers to confiscate, receive, manage, rent out, auction, transfer or dispose of or take all other measures to preserve the value of the properties and perishable or non-perishable assets (including those at go downs, maalkhanas or any other place) to be confiscated under the AML 2010 rules or court orders pursuant to proceedings under AMLA 2010.
The regional directors of the Anti-Narcotics Force would be designated as administrators for the ANF, customs collectors for the Federal Board of Revenue, directors of directorates of intelligence and investigation of the Inland Revenue Service for the IRS, zonal directors for FIA and additional directors of recovery, disposal and assets management cells for National Accountability Bureau.
Valuation of inventories
The AML (Forfeited Properties Management) Rules 2021 specify how the inventories would be measured, described or defined, protected and evaluated for auction and how to complete all processes thereto, including constitution of auction committees and how properties would be quantified or classified like if a property is of residential, commercial or industrial nature and what should be its market value or sale price etc.
For example, the movable case property worth more than Rs100,000 would be kept in the locker or vault in the State Bank of Pakistan, district or tehsil treasury or any nationalised bank. For withdrawal of such movable properties, the agency concerned would designate two officers of grade-17 or above and prior written permission of next supervisory officer of the agency would be required.
Each agency would establish a central asset recovery office to ensure assets recovery and management of the forfeited property and keep a designated central account with the SBP maintained by the ministry of finance where proceeds of property would be remitted by all agencies after attainment of the finality of forfeiture order by a court. All investigating and prosecuting agencies would exchange financial intelligence and information about the properties with other stakeholders for expeditious confiscation and forfeiture under the AMLA 2010.
Transfer of cases to competent authorities
The Anti-Money Laundering (Referral) Rules, 2021 are being introduced to enable transfer of the cases from one set of investigation agencies to another. If police, the ACEs or any other governmental organisations, other than investigating and prosecution agency under the AMLA, finds that an offence under the AMLA 2010 has been committed and such agency lacks jurisdiction to take cognizance of it, the head of such would refer the matter to the head of the agency concerned having jurisdiction to investigate.
Police, the ACEs or other governmental organisations would continue an inquiry or an investigation of the offence and would take necessary measures to preserve and retrieve the relevant information and evidence and case properties till formal acceptance by the investigating and prosecuting agency concerned as set out in the relevant clause of the AMLA and formal handing over and taking over of complete record.
After acceptance of the case by the competent investigating and prosecuting agency, police or ACEs etc would hand over complete record, including case files, record of proceedings and seizure memos along with relevant evidence, property and other material seized and the accused in custody, if any. Such investigating and prosecuting agencies would resume all the proceedings under the said act including to examine, re-examine persons concerned and other oral and documentary evidence and would expeditiously take steps as necessary for just finalisation of the proceedings.
Adequate number of special public prosecutors would be appointed for the Anti-Narcotics Force and Counter Terrorism Department (CTD) besides a separate panel of lawyers for customs and the Internal Revenue Service of the Federal board of Revenue. Also, law officers not below the rank of assistant director legal would be appointed for the Federal Investigating Agency and special public prosecutors for the National Accountability Bureau.
Pakistan also has to issue “National Policy Statement on Follow the Money (NPSFM)”. Through this statement and rules listed above, Pakistan’s compliance with FATF recommendations in Post Observation Period Report (POPR) would further improve with corresponding enhancement in the ratings or effectiveness of the FATF’s relevant Immediate Outcomes. Pakistan’s POPR would be reviewed by the FATF’s Asia-Pacific Joint Group (A-PJG), and based on the report of this group, the FATF would decide further course of action on Pakistan’s progress on the POPR in its plenary scheduled in June 21-25, 2021.
The NPSFM commits Pakistan to tackling money laundering and terrorist financing as a matter of priority during investigations, prosecutions, and subsequent confiscation in all money laundering, terrorism financing and high risk predicate crimes by adopting universal approach to combating money-laundering and terror-financing through generating sound and effective financial intelligence reports for the consumption of law enforcement agencies and maintaining risk-sensitive anti-money-laundering regime to enhance cooperation and coordination amongst the such stakeholders both domestically and internationally.
The government is also committed to protecting the financial system and the broader economy in Pakistan from criminality through a robust financial system to ensure that dirty money does not find its ways into the financial system. The government would ensure a robust beneficiary identification system, deterring financial crime as it deprives criminals of the proceeds of their crimes and removes financial support for terrorism and further ensures that targeted financial sanctions are implemented in letter and spirit.
Further, it would ensure a transparent, robust and efficient approach to investigating money laundering and terrorist financing and to the seizure, confiscation and management of criminal assets by supporting relevant agencies in cooperatively achieving this goal.
The Asia Pacific Group (APG) on Money Laundering has improved Pakistan’s rating on 21 of the 40 technical recommendations of the Financial Action Task Force (FATF) against money laundering and terror financing, but retained it on ‘Enhanced Follow-up’ for sufficient outstanding requirements.
The second Follow-Up Report (FUR) on Mutual Evaluation of Pakistan released by the APG — a regional affiliate of the Paris-based FATF — also downgraded the country on one criterion. The report said Pakistan was re-rated to ‘compliant’ status on five counts and on 15 others to ‘largely compliant’ and on yet another count to ‘partially compliant’.
Overall, Pakistan is now fully ‘compliant’ with seven recommendations and ‘largely compliant’ with 24 others. The country is ‘partially compliant’ with seven recommendations and ‘non-compliant’ with two out of total 40 recommendations. All in all, Pakistan is now compliant or largely compliant with 31 out of 40 FATF recommendations.
The Asia Pacific Group announced,
“Overall, Pakistan has made notable progress in addressing the technical compliance deficiencies identified in its Mutual Evaluation Report (MER) and has been re-rated on 22 recommendations,”.
It said recommendations 14, 19, 20, 21 and 27 had been re-rated to comply. These pertain to money or value transfer services, higher risk countries, reporting of suspicious transactions, tipping-off and confidentiality and powers of supervisors.
The APG said Pakistan was re-rated to largely compliant with 15 recommendations — 1, 6, 7, 8, 12, 17, 22, 23, 24, 25, 30, 31, 32, 35 and 40. These include assessing risk and adopting a risk-based approach, targeted financial sanctions relating to terror and terror financing, targeted financial sanctions related to proliferation, non-profit organisation, politically exposed persons and reliance on third parties.
Also, re-rating was done on designated non-financial business & professions (DNFBP) in terms of due diligence and other measures, transparency in beneficial ownership of legal persons and related legal arrangements, responsibilities of law enforcement and investigation authorities, cash couriers, sanctions and other forms of international cooperation.
Another re-rating to partially compliant status was done on recommendation 28 that pertained to regulation and supervision of DNFBPs. The two recommendations on which Pakistan was downgraded to ‘non-complaint’ were 37 and 38 due to insufficient progress and pertained to mutual legal assistance (MLA) with other countries and freezing and confiscation of assets and accounts.
Negative impact of rigorous compliance
The managers of financial institutions in Pakistan are implementing the FATF conditions without understanding their purpose. They are harassing honest investors. For instance, the manager of the national Saving Centre Poonch house Rawalpindi refuses to issue an investment certificate unless the applicant submits a host of documents. These documents include a current bank statement, source-of-income certificate besides biodata along with a passport-size photograph. They call for the documents even if the applicant submits a cheque on his 40-year-old bank account.
Deviation from objectives
The financial Action Task Force has ostensibly noble objectives. It provides a `legal’, regulatory, framework for muzzling the hydra-headed monster of money-laundering. It aims at identifying loopholes in the prevailing financial system and plugging them. But, it has deviated from its declared objectives. It has became a tool to coerce countries, accused of financing terrorism or facilitating money-laundering. The FATF is more interested in disciplining a state like Pakistan, not toeing US policies, than in checking money-laundering. The tacit message is that if Pakistan does not toe USA’s Afghan policy, and lease out air bases for drone attacks, then it will remain on FATF grey list.
The consequences of being in the grey list may entail economic sanctions and difficulties in obtaining loans from international donors like the International Monetary Fund, World Bank and Asian Development Bank. The trade-and-aid difficulties may retard economic progress of a country.
Favoritism towards India: India has a much larger Gross Domestic Product (US$2875 billion , 2019), than Pakistan’s paltry US$ 264 billion (2020).Similarly India has a much larger and wealthier Diaspora than Pakistan particularly in the Middle East and the USA.
The hawala (hand to hand transactions) and other money transfer practices among Indians and Pakistanis are similar. Yet the FATF keeps Pakistan always in focus and looks the other way when it comes to India.
Pakistan is a bête noire and India a protégé at the FATF only because of stark geo-political interests. Otherwise the money laundering situation in India is no less gruesome in India than in Pakistan. India has even been a conduit of ammunition to the Islamic State study conducted by Conflict Armament Research had confirmed that seven Indian companies were involved in the supply chain of over 700 components, including fuses or detonating cords used by the so-called Islamic State to construct improvised explosive devices.
Political considerations, not primary objectives, override voting behavior at the FATF.
The Autopsy of Jihadism in the United States
The American counter-terrorism establishment is shocked to know that its current terrorist threat, contrary to conventional wisdom, is not foreign but “a large majority of jihadist terrorists in the United States have been American citizens or legal residents”.
A terror threat assessment by NewAmerica, a think tank comprehensive, up-to-date source of online information about terrorist activity in the United States and by Americans overseas since 9/11, 20 years after 9/11 reported: “…while a range of citizenship statuses are represented, every jihadist who conducted a lethal attack inside the United States since 9/11 was a citizen or legal resident except one who was in the United States as part of the U.S.-Saudi military training partnership”.
The ultimate irony is NewAmerica quoting a terrorist to underline the seriousness of the threat: “Yet today, as Anwar al-Awlaki, the American born cleric who became a leader in Al Qaeda in the Arabian Peninsula, put it in a 2010 post, ‘Jihad is becoming as American as apple pie’.”
Since 9/11 and today, the United States faced just “one case of a jihadist foreign terrorist organization directing a deadly attack inside the United States since 9/11, or of a deadly jihadist attacker receiving training or support from groups abroad”. The report recalls: “That case is the attack at the Naval Air Station Pensacola on December 6, 2019, when Mohammed Al-Shamrani shot and killed three people. Al Qaeda in the Arabian Peninsula claimed the attack and according to the FBI, evidence from Al-Shamrani’s phone he was in contact with an AQAP (Al Qaeda in the Arab Peninsula) militant and AQAP prior to his entry to the United States…”
In the last two decades, “jihadists” have killed 107 people inside the United States. Compare this with deaths occurring due to major crimes: 114 people were killed by far-right terrorism (consisting of anti-government, militia, white supremacist, and anti-abortion violence), 12 and nine people, respectively, killed in attacks “inspired by black separatist/nationalist ideology and ideological misogyny”. Attacks by people with Far-Left views have killed one person. It just goes to show that terrorism inside the United States is no longer the handiwork of foreign or “jihadi” ideologies, but is “homegrown”, the report points out.
The report points out a poor understanding of the terror threat and its roots by the Trump administration. A week into his presidency, Donald Trump issued an executive order banning entry of citizens of seven Muslim countries into the United States. The countries were: Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia. Th order cited “national security” as the reason, but gave no real justification.
Trump’s aides tried to find some justification for the order claiming that in the administration’s assessment the United States was and will be the prime target of terrorist organisations from these countries. The same report clarifies how wrong this assessment was: “None of the deadly attackers since 9/11 emigrated or came from a family that emigrated from one of these countries nor were any of the 9/11 attackers from the listed countries. Nine of the lethal attackers were born American citizens. One of the attackers was in the United States on a non-immigrant visa as part of the U.S.-Saudi military training partnership.”
President Trump had to swallow his pride and gradually revoke his order. In early March of 2017, he revised the order excluding Iraq from the ban list. That September, he dropped Sudan too, but added North Korea, Venezuela and Chad.
In the last two decades since 9/11, there have been 16 “lethal jihadist terrorists in the United States”. Of them, “three are African-Americans, three are from families that hailed originally from Pakistan, one was born in Virginia to Palestinian immigrant parents, one was born in Kuwait to Palestinian-Jordanian parents, one was born in New York to a family from Afghanistan, two are white converts – one born in Texas, another in Florida, two came from Russia as youth, one emigrated from Egypt and conducted his attack a decade after coming to the United States, one emigrated from Uzbekistan and one was a Saudi Air Force officer in the United States for military training”. Nobody from the banned countries, nobody foreign citizens; all were American citizens.
What is more embarrassing for the Trump administration is the report saying: “When the data is extended to include individuals who conducted attacks inside the United States that were foiled or otherwise failed to kill anyone, there are only four cases that the travel ban could have applied to. However, in at least two of those cases, the individual entered the United States as a child. In a third case the individual had a history of mental illness and assault not related to jihadist terrorism. In a fifth, non-lethal attack Adam al-Sahli, who conducted a shooting at a military base in Corpus Christi on May 21, 2020, was born in Syria but was a citizen because his father was an American citizen and thus would not have been subject to the travel ban.”
The NewAmerica assessment, in contrast to the executive order, finds concrete evidence to suggest that the terror threat is “homegrown”. It gives the example of Mohammed Reza Taheri-Azar, “a naturalised citizen from Iran”, who on March 3, 2006 drove a car into a group of students at the University of North Carolina, injuring nine people. “Taheri-Azar, though born in Iran, came to the United States at the age of two” and “his radicalization was homegrown inside the United States”. On September 17, 2016 Dahir Adan, a naturalized citizen from Somalia, injured 10 people while wielding a knife at a mall in Minnesota. He too had come to the United States as a young child.
There are more such instances: “On November 28, 2016 Abdul Razak Ali Artan, an 18-year-old legal permanent resident who came to the United States as a refugee from Somalia in 2014 — having left Somalia for Pakistan in 2007 — injured eleven people when he rammed a car into his fellow students on the campus of Ohio State University…However, it is not clear that the attack provides support for Trump’s travel ban.
In Artan’s case, he left Somalia as a pre-teen, and “if he was radicalized abroad, it most likely occurred while in Pakistan”, which is not included on the travel ban. The report says the chances of him being radicalised inside the United States are more. This is based on the fact that “in a Facebook posting prior to his attack, he cited Anwar al-Awlaki, the Yemeni-American cleric born in the United States, whose work — which draws largely upon American culture and history — has helped radicalize a wide range of extremists in the United States including those born in the United States”.
There are several other pointers to the “homegrown” theory. For one, a “large proportion of jihadists in the United States since 9/11 have been converts”. There are “jihadists” who are non-Muslims. These facts “challenge visions of counterterrorism policy that rely on immigration restrictions or focus almost entirely on second generation immigrant populations”, the report says, debunking the Trump executive order.
The NewAmerica report debunks the assumption that only “hot headed” people are attracted to jihadist extremism. It finds that “participation in jihadist terrorism has appealed to individuals ranging from young teenagers to those in their advanced years (and) many of those involved have been married and even had kids – far from the stereotype of the lone, angry youngster”.
Women have broken the glass ceiling of jihadist terrorism as “more women have been accused of jihadist terrorism crimes in recent years” inside the United States.
The expansion of the social media world has played a singular role in radicalising American youth. “Many extremists today either maintain public social media profiles displaying jihadist rhetoric or imagery or have communicated online using encrypted messaging apps. The percentage of cases involving such online activity has increased over time.” Al Qaeda terrorists became key figures in this proliferation. They “fine-tuned the message and the distribution apparatus” and “put out extremist propaganda via websites and YouTube videos”.
America’s jihadists were never an immigration problem, the biggest jihadist terror threat U.S faces today is “homegrown”.
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