A joint investigation team (JIT) may be constituted by the government in accordance with Section 19(1) of the ATA 1997. A JIT is a five-member grouping, headed by an investigating officer of the police who is not below the rank of Superintendent of Police, with the remaining membership of the JIT being filled by officers of equivalent rank from the intelligence agencies, armed forces, and civil armed forces.
Decision-making and recording
The JIT shall decide the outline and parameters of a financial investigation and shall thereon supervise the progress of the investigation as it proceeds. In order to carry out the assigned responsibilities, they shall endeavor to always advance the course of the investigation, manage any associated risks, and decide on the allocation and use of resources. All investigation progress and decisions (with reasoning) must be accurately recorded in the case file.
In order to conduct parallel financial investigations in each terrorism case immediately after its registration, the JIT shall launch a prompt and parallel financial enquirytooperate in conjunction with the primary investigation.
Parameters of a JIT
- The discovery of sources of funding for terrorist activities, identification of the financiers of terrorism (donors, fundraisers, facilitators, operatives, and any other person with linkages to a terrorist financing activity), and the exploration of linkages between the origins of money, intermediaries, and ultimate beneficiaries;
- Accounting for the terrorist financing risks during the course of an investigation, such as drug trafficking, kidnapping for ransom, extortion from businesses, vehicle snatching, robbery, dealing in foreign exchange, case couriers, hundi/hawala transactions, and the misuse of NPOs & NGOs;
- Accessing the widest possible range of financial, administrative, and law enforcement information, including open or public sources and information collected and/or maintained by other departments and organizations;
- Identifying, during the course of investigation for possible action under Section 110 of the ATA 1997, money or other property owned or controlled, wholly or partially, directly or indirectly, by a proscribed person or organization;
- Seeking information about the newest and most innovative modes of funds generation, including the use of crypto-currencies and the internet as a meansofterrorismfinancing; and/or
- The application of the relevant terrorism financing provisions so as to ensure effective prosecution of the case.
JITs and Terrorist Financing offences
In addition to the offences of terrorism under the ATA 1997, the JIT should also specifically take into account provisions criminalizingfinancingofterrorism:
- Section 11 H of the ATA 1997: Fund Raising
- Section 11 L of the ATA 1997: Use and Possession of Money or other Property
- Section 11 J oftheATA 1997: Funding Arrangements
- Section 11 K of the ATA 1997: Money Laundering
- Section 11 N of the ATA 1997: Punishment
- Section 21EE of the ATA 1997: Power to demand financial documents from financial institutions.
Responsibilities of JIT
- To examine and preserve the crime scene(s) and ensure that an accurate site map is prepared.
- To examine the situation report -first inspection notes.
- To ensure that the offices, business premises, frequently visited places and residences of the accused are searched and all records, whether manual or digital.
- To make use of human intelligence throughout the investigation process.
- To identify any witnesses, including potentially through house to-house enquiries.
- To identify and investigate the accused and to find out his or her previous record.
- To identify any other suspects in the case.
- To ensure proper use of resources that have been allocated to the investigation.
- To seek assistance from FIA, FMU, SECP, and SBP for the purposes of financial investigations.
- To seek assistance and cooperation from other federal/ provincial departments and state organizations, wherever required.
Terrorism Financing Responsibilities
- To verify that the case is of terror financing, as stated in sections 11 H to 11 K and 11 N of the ATA.
- To ensure that members of the JIT are fully briefed by the former 10 or complainant and witnesses.
- To collect identification details (CNIC number) of the accused and his associates and check their account details.
- To contact Money Service Businesses (MSBs) for any possible transactions of the suspect.
- To examine call records, financial records, and personal interviews of the suspect to develop a course of action on who else to investigate and what future avenues the investigation may take.
- To obtain the details of lockers/safe deposit boxes which might be maintained by the person, while writing to banks and financial institutions for the account statements. Such lockers/safe deposit boxes will be carefully searched after securing proper court order.
- To maintain records of the statements of officers, wherever a financial record is obtained from a third party such as banker or Registrar of Companies under Section 161 of the Cr.P.C.
- To seek assistance from high end financial experts and, where necessary, make use of available mechanisms (bilateral and multilateral) for exchange of information where the suspect has been found to have made use of front businesses for layering, inter alia, multiple bank accounts, structuring techniques, dubious charitable organizations, shell companies, or offshore businesses.
- To seek international cooperation, formal and informal (Policeto-Police, FMU to FIU), in consultation with MOI wherever required.
- To discover the facilitator/sympathizers who make donations to proscribed organizations.
- To affect recovery of the receipts of proscribed organizations from the suspect.
- To prepare the recovery memo, incorporating the denomination of currency notes and numbers.
- To obtain Call Data Records (CDRs) from telecommunication companies for checking money transactions through cell phones.
- To trace the person(s) who printed receipts or made arrangements regarding receipt books.
- To uncover the communication channels of transactions to proscribed organizations/terrorist networks.
- To collect evidence in relation to the case and ensure preservation by using modern techniques and their dispatch for expert examinations.
- To manage the arrest and interrogation of facilitators, donors and sympathizers of proscribed organizations.
- To prepare high quality case files in regular consultation with prosecutors.
- To engage with, and utilize the resources of, the Intelligence Wing of sister agencies to support the investigative process.
- To examine/scrutinize the records as early as possible for developing further lines of investigation and decide immediately which of the records or gadgets is to be dispatched for forensic/lab tests.
- To keep focus on financial information and associated nonfinancial information in the financial documents, such as phone numbers, addresses, passport numbers, etc.
- To decide, in consultation with the legal counsel or prosecutor, which of the terrorist financing sections of ATA and other laws are attracted, based upon the nature/mode of terrorist financing.
- To requisition the video recordings of CCTV cameras inside or outside the bank and of ATM cameras, to identify the individuals making transactions from the accused or suspects’ accounts.
- To investigate the informal modes of financial transactions made by the accused or suspect from origin to destination, including intermediaries, to identify the donors, facilitators, beneficiaries and end users in a terrorist activity (informal modes include Hundi/Hawala, cash couriers or any other mode in the informal sector).
- To requisition details of moveable and immoveable assets of individuals and organizations involved in terrorist financing from different agencies, including land revenue, housing/ development authorities, motor registration authorities (The purpose is to trace the parked assets of terrorists, which might be used to facilitate or generate funds for terrorism).
Monitoring and evaluation
- The JIT must establish a matrix of actions, as per the priorities that arise from the investigation. The priority of the action must be specified: high, medium, or low.
- The result of the action must be introduced into the information system, in order to contribute to the overall investigation picture.
- The JIT will continue to direct the enquiries as an on-going process and will carefully consider and assess the results of actions and queries to set new investigation strategies and issue further actions in support of the investigative objectives.
- The JIT must prepare case studies of the investigations to provide guidance for future investigations.
- There must be parallel sharing of best practices and lessons learnt/ experiences during physical investigation of TF cases with LEAs/ intelligence agencies, including the latest modes of fund generation and trends observed.
- The services of financial experts may be made available to the JIT (as and when required), including through hiring from the open market, within the ambit of law and relevant rules, on a case-by-case basis, to get information on complex methods used for flow of funds, such as businesses through layering, multiple bank accounts, structuring techniques, dubious charity organizations, shell companies and offshore business structures.
- The JIT may also forward a case to the FMU for better financial analysis