Irish Paramilitary Bill [re-introduced]

[Democratic Hawk]

Irish Paramilitary Bill

1a. It shall be deemed illegal for any citizen or group to knowingly and willingly provide or furnish with money, financial assistance and or aid, weaponry of all natures, goods of all natures and manpower, to any Irish paramilitary organisation, covered by this Act, operating within or without the island of Ireland.

1b. It shall be deemed illegal for any citizen or group to knowingly and or willingly harbour, offer sanctuary or to wilfully protect members of any Irish paramilitary organisation, covered by this Act, operating within or without the island of Ireland.

1c. It shall be deemed illegal to provide any of the aformentioned assistance to any 'political organisation and or front' part of, or allied to any Irish paramilitary organisation covered by this Act.

2a. The paramilitary organisations covered by this Actl are:
The Real Irish Republican Army
The Continutity Irish Republican Army
The Official Irish Republican Army
The Irish National Liberation Army
Saoirse na hÉireann
Óglaigh na hÉireann
The Loyalist Volunteer Force
The Ulster Defence Association
The Ulster Volunteer Force
The Red Hand Defenders
The Red Hand Commandos
The Orange Volunteers
The Ulster Young Militants

2b. The term 'political organisation and or front', as used within this Act shall refer to the following organisations:
Republican Sinn Féin
32 County Sovereignty Movement
Concerned Group for Republican Prisoners
The Worker's Party of Ireland
The Irish Republican Socialist Party
The Ulster Political Research Group
Progressive Unionist Party

3. It shall be the responsibility of the Secretary of External Affairs to monitor the list of paramiliitary organisations and 'political organisations and or front(s)' that are covered by this Act, and make any appropriate reccomendations to the Senate for alterations to those lists.



Sponsor: Sen. Dave 'Hawk'

[True Federalist (진정한 연방 주의자)]

This bill makes certian activities illegal, but if fails to specify what the penalty would be for committing them.  This is an oversight that needs correcting before I could consider supporting this bill.

[Јas]

This bill makes certian activities illegal, but if fails to specify what the penalty would be for committing them.  This is an oversight that needs correcting before I could consider supporting this bill.

Fair point. Any ideas on what would be appropriate?

[True Federalist (진정한 연방 주의자)]

Something not out of line with the penalties for supporting other terrorist organizations, but what those penalties are I don't know.  Probably buried somewhere in Title 18, United States Code if someone has the time to go and look it up,

[afleitch]

Something not out of line with the penalties for supporting other terrorist organizations, but what those penalties are I don't know.  Probably buried somewhere in Title 18, United States Code if someone has the time to go and look it up,

Good idea

The closest part of the code seemed to involve 'Financial Transactions' with regards to terrorism

(a) Offense.— Except as provided in regulations issued by the Secretary of the Treasury, in consultation with the Secretary of State, whoever, being a United States person, knowing or having reasonable cause to know that a country is designated under section 6(j) of the Export Administration Act of 1979 (50 App. U.S.C. 2405) as a country supporting international terrorism, engages in a financial transaction with the government of that country, shall be fined under this title, imprisoned for not more than 10 years, or both.

Under 'Providing material support or resources to designated foreign terrorist organizations' is outlined here at great length

http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002339---B000-.html

but again this jumps out

(b) Civil Penalty.— Any financial institution that knowingly fails to comply with subsection (a)(2) shall be subject to a civil penalty in an amount that is the greater of—
(A) $50,000 per violation; or
(B) twice the amount of which the financial institution was required under subsection (a)(2) to retain possession or control.

The whole code relating to terrorist organisations I references is found here@

http://www4.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_113B.html

[Democratic Hawk]

Something not out of line with the penalties for supporting other terrorist organizations, but what those penalties are I don't know.  Probably buried somewhere in Title 18, United States Code if someone has the time to go and look it up,

Good idea

The closest part of the code seemed to involve 'Financial Transactions' with regards to terrorism

(a) Offense.— Except as provided in regulations issued by the Secretary of the Treasury, in consultation with the Secretary of State, whoever, being a United States person, knowing or having reasonable cause to know that a country is designated under section 6(j) of the Export Administration Act of 1979 (50 App. U.S.C. 2405) as a country supporting international terrorism, engages in a financial transaction with the government of that country, shall be fined under this title, imprisoned for not more than 10 years, or both.

Under 'Providing material support or resources to designated foreign terrorist organizations' is outlined here at great length

http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002339---B000-.html

but again this jumps out

(b) Civil Penalty.— Any financial institution that knowingly fails to comply with subsection (a)(2) shall be subject to a civil penalty in an amount that is the greater of—
(A) $50,000 per violation; or
(B) twice the amount of which the financial institution was required under subsection (a)(2) to retain possession or control.

The whole code relating to terrorist organisations I references is found here@

http://www4.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_113B.html

I'm more than willing to propose that as an amendment (i.e. an additional Section 4) to this Bill if the Secretary of External Affairs and Senator Ernest so wish. Or I could re-write it along the same lines?

'Hawk'

[True Federalist (진정한 연방 주의자)]

Either amendment or "technical revision" is fine with me.

[Democratic Hawk]

Debate suspended until the passing of the Motion to Waive the Final Budget

'Hawk'

[Democratic Hawk]

I, hereby, propose the following amendment:

Section 4. Offense and Civil Penalties
 
a. Offense. Any Atlasian citizen who engages in a financial transaction with the any of the aforesaid Irish paramilitary organisations and/or 'political organization' stipulated in Section 2a and Section 2b of this Act, shall be fined:

i. $50,000 or be sentenced to a period of imprisonment of no more than 10 years in the case of paramilitary organizations;
ii. $25,000 or be sentenced to a period of imprisonment of no more than 5 years in the case of 'political organizations'.

b. Civil Penalty. Any financial institution that knowingly fails to comply with this Act shall be subject to a civil penalty of $50,000 per violation.


I feel that given that Atlasia should encourage the 'political organizations' to renounce terrorism and seek political legitimacy through due democratic process, that we should make the penalties less austere than for those who illegally assist paramilitary organizations

However, if the Senate, or the executive, feels that no such distinction be made, I'm more than willing to remove it

'Hawk'

[Democratic Hawk]

I hereby open the vote on the following amendment. Please vote Aye, Nay or Abstain

Section 4. Offense and Civil Penalties
 
a. Offense. Any Atlasian citizen who engages in a financial transaction with the any of the aforesaid Irish paramilitary organisations and/or 'political organization' stipulated in Section 2a and Section 2b of this Act, shall be fined:

i. $50,000 or be sentenced to a period of imprisonment of no more than 10 years in the case of paramilitary organizations;
ii. $25,000 or be sentenced to a period of imprisonment of no more than 5 years in the case of 'political organizations'.

b. Civil Penalty. Any financial institution that knowingly fails to comply with this Act shall be subject to a civil penalty of $50,000 per violation.

'Hawk'

[Democratic Hawk]

Aye

'Hawk'

[True Federalist (진정한 연방 주의자)]

Aye

[Speed of Sound]

Aye

[Јas]

Aye

[DWPerry]

Aye

[I spent the winter writing songs about getting better]

Aye

[Democratic Hawk]

With 6 'Ayes', 0 'Nays' and 0 Abstentions, this amendment has passed

'Hawk'

[Colin]

Aye FTR

[Democratic Hawk]

I hereby open the final vote on this Bill. Please vote Aye, Nay or Abstain

Irish Paramilitary Bill

1a. It shall be deemed illegal for any citizen or group to knowingly and willingly provide or furnish with money, financial assistance and or aid, weaponry of all natures, goods of all natures and manpower, to any Irish paramilitary organisation, covered by this Act, operating within or without the island of Ireland.

1b. It shall be deemed illegal for any citizen or group to knowingly and or willingly harbour, offer sanctuary or to wilfully protect members of any Irish paramilitary organisation, covered by this Act, operating within or without the island of Ireland.

1c. It shall be deemed illegal to provide any of the aformentioned assistance to any 'political organisation and or front' part of, or allied to any Irish paramilitary organisation covered by this Act.

2a. The paramilitary organisations covered by this Actl are:
The Real Irish Republican Army
The Continutity Irish Republican Army
The Official Irish Republican Army
The Irish National Liberation Army
Saoirse na hÉireann
Óglaigh na hÉireann
The Loyalist Volunteer Force
The Ulster Defence Association
The Ulster Volunteer Force
The Red Hand Defenders
The Red Hand Commandos
The Orange Volunteers
The Ulster Young Militants

2b. The term 'political organisation and or front', as used within this Act shall refer to the following organisations:
Republican Sinn Féin
32 County Sovereignty Movement
Concerned Group for Republican Prisoners
The Worker's Party of Ireland
The Irish Republican Socialist Party
The Ulster Political Research Group
Progressive Unionist Party

3. It shall be the responsibility of the Secretary of External Affairs to monitor the list of paramiliitary organisations and 'political organisations and or front(s)' that are covered by this Act, and make any appropriate reccomendations to the Senate for alterations to those lists.

4a. Offense. Any Atlasian citizen who engages in a financial transaction with the any of the aforesaid Irish paramilitary organisations and/or 'political organization' stipulated in Section 2a and Section 2b of this Act, shall be fined:

i. $50,000 or be sentenced to a period of imprisonment of no more than 10 years in the case of paramilitary organizations;
ii. $25,000 or be sentenced to a period of imprisonment of no more than 5 years in the case of 'political organizations'.

4b. Civil Penalty. Any financial institution that knowingly fails to comply with this Act shall be subject to a civil penalty of $50,000 per violation.

'Hawk'

[Democratic Hawk]

I have harmonised Section 4 to match the style of Sections 1, 2 and 3

'Hawk'

[Colin]

Aye

[I spent the winter writing songs about getting better]

Aye

[True Federalist (진정한 연방 주의자)]

Aye

[Јas]

Aye

[Democratic Hawk]

Aye

'Hawk'