EU takes new measures to deny terrorists ‘space to act’

The European Commission is proposing a series of measures to improve security and close loopholes that aid terrorism. The move follows the launch of the EU’s anti-terrorism package in October. The measures include increasing the security of identity cards to prevent document fraud; enabling law enforcement and judicial authorities to access electronic evidence and financial information; restricting terrorists’ access to explosive precursors and strengthening controls on the export and import of firearms.

‘These proposals go far beyond existing information-sharing mechanisms and beyond those envisaged in the much-awaited fifth money laundering directive and could be a game changer for law enforcement agencies in Europe,’ said Jo Torode, a financial crime lawyer at Ropes & Gray.

Key points of the proposals are:

• Increasing the security of identity cards
  Biometric data will become mandatory for those countries which have ID cards, together with stronger safeguards on who can access the biometrics. Non-compliant cards will be phased out.
• Greater access for law enforcement authorities
  A new directive will give law enforcement authorities direct access to bank account information in specific cases of serious crime or terrorism. It will also provide for greater co-operation between Member States in requesting and exchanging data on financial transactions.
• Restrictions on materials used for homemade explosives
  Chemicals that could be used to make homemade explosives will be added to the list of banned substances. Current registration systems whereby the purchase of some restricted substances can be made in certain Member States by presenting an ID card will be substituted by a ‘careful’ licensing and screening process. The Commission will also introduce an obligation for businesses to report any suspicious transactions within 24 hours.
• Rules on export and import of civilian firearms to be updated
  The EU rules on the export and import of civilian firearms will be updated to include improved control procedures, such as the introduction of ‘systematic’ background checks on all individuals applying for export authorisations, using the European Criminal Records Information Exchange system (‘ECRIS’) and the Conventional arms export control information system (‘COARM’). Member States should update COARM and keep a national database of authorisations and refusals, as well as providing detailed statistics to the Commission each year.

The Commission has also proposed new tools to gather electronic evidence across borders in criminal proceedings.

More information on the Commission’s proposals can be found here:
http://europa.eu/rapid/press-release_IP-18-3301_en.htm