Inadequate legal mandate delegated to federal investigation agency under the joint maritime information organization act 2019

Abstract

The thesis delves into the intricate relationship between the Federal Investigation Agency (FIA) and its restricted role as assigned under the Joint Maritime Information Organization Act, 2019. The study scrutinizes the jurisdiction of the FIA over Pakistan's maritime domain, evaluating its legal framework and digital media dynamics. The investigation navigates through the historical evolution of the FIA, highlighting its origin, mandates, and wings. The legal mandate and jurisdiction of the FIA concerning maritime crimes are examined, with a focus on its collaboration with the National Center Bureau- INTERPOL (NCB-INTERPOL). The research underscores the significance of the Joint Maritime Information Organization (JMIO) as established by the JMIO Act, 2019. It examines the relationship between the Law of the Sea, the Joint Maritime Information Coordination Centre (JMICC), and Pakistan's obligations under the International Maritime Organization (IMO). The study explores transnational crimes such as money laundering, terrorism, and terrorist financing, emphasizing the United Nations Security Council resolutions relevant to Pakistan's maritime regime. Furthermore, it analyzes Pakistan's responsibilities in countering maritime crimes and the challenges it faces in its maritime regime. The core of the research focuses on the role of the FIA within the Joint Maritime Information Organization (JMIO) framework established by the JMIO Act, 2019. The potential role of the FIA within the Joint Maritime Information Coordination Centre (JMICC) is examined, along with its mandate to investigate maritime crimes. A comprehensive comparison between the FIA's jurisdiction and Pakistan's maritime domain is provided. The study culminates in an exploration of the FIA's role within the JMIO, considering its capabilities, limitations, and potential contributions to strengthening maritime security. As per the Schedule; The legal mandate of the organization known as FIA under the Act of 1974, is not only limited to “immigration”, as given in the Joint Maritime Information Organization Act, 2019, but also encompasses the regimes of Countering Financing of Terrorism (CFT) and Money Laundering, Cyber-Crimes, Banking Offences, Espionage, Cash and bullion smuggling and enforcing Anti-Corruption laws prevailing in the Federal Government departments. The International Criminal Police Organization (INTERPOL) platform, where Law enforcement Nagencies securely share, communicate and access vital information for the world peace and security, is a mechanism which could be used to counter transnational crimes being committed in the Pakistan Maritime zones. Contrary to that the legislature has given an undermining role as compare to the possible legal role of FIA to have coordination information and communications among the concerned agencies to effectively synergize their role in countering untoward maritime incidents and illegal activities within Pakistan Maritime Domain under the Joint Maritime Information Organization (JMIO) Act, 2019. I believe that FIA can contribute more effectively in liaison with other concerned agencies. The idea behind this research is to highlight the benefits of effective use of FIA legal mandate in countering the Maritime Crimes, effective investigation and finally the prosecution. No doubts the JMICC, as envisioned in the JMIO Act, 2019, has the identical role as of National Counter Terrorism Authority (NACTA) as envisioned under the NACTA Act, 2013 and the National Command Authority (NCA) envisaged in the NCA Act, 2010 to effectively share and coordination of information for safe, secure the strategic interests of Pakistan. The FIA could play more significant role in Joint Maritime information Coordination Center as conceived by the legislature. Further, this study will give a comparison of NCA Act, 2010, NACTA Act, 2013 and the JMIO Act, 2019.