Country Reports on Terrorism 2014 - Brazil

Overview: The Brazilian government continued to support counterterrorism activities, which included third-country technical assistance for controlling sensitive technologies, assessing and mitigating potential terrorist threats in advance of major sporting events like the FIFA World Cup, and investigating fraudulent travel documents. Operationally, Brazilian security forces worked with U.S. officials to pursue investigative leads provided by the United States and other intelligence services, law enforcement, and financial agencies regarding terrorist suspects.

The Brazilian Federal Police (DPF) worked closely with the U.S. government and other nations' law enforcement entities to assess and mitigate potential terrorist threats, especially leading up to and during the 2014 FIFA World Cup. Cooperation was strong and continuous, particularly dealing with crisis management, emergency response, and planning exercises to build response capability.

Legislation, Law Enforcement, and Border Security: Brazil's 1980 National Security Law is the only legislation that mentions terrorism. Brazilian law lacks clarity on the definition of terrorist acts, which hinders prosecutions of potential terrorists.

Four pieces of terrorism legislation were under consideration in the Brazilian Congress: one would deny visas to persons and/or expel foreigners convicted or accused of a terrorist act in another country (introduced in 2011); another would define terrorism in the Brazilian Constitution (introduced in 2013); a third would update the Brazilian penal code to include sentencing guidelines for terrorism crimes (introduced in 2012); and the fourth would define a number of crimes, among them terrorism and terrorist financing, and was intended to enter into force in advance of the FIFA 2014 World Cup (introduced in 2011).

Brazil has three law enforcement agencies with counterterrorism responsibilities, ranging from the investigation of terrorism to interdiction and response. The lead counterterrorism agency, with responsibility for investigating any terrorist-related threats or groups, is the DPF Anti-Terrorism Division, working with the DPF's Tactical Operations Command. In addition, the state-level Military Police Departments, through their respective Police Special Operations Battalions; and the state-level Civil Police Departments, through their respective Divisions of Special Operations; also work on counterterrorism issues.

All of Brazil's federal law enforcement agencies with counterterrorism responsibilities have benefitted from U.S. capacity building training. The U.S. Department of State's Antiterrorism Assistance (ATA) program delivered courses to security and law enforcement personnel, covering topics such as tactical command, vital infrastructure security, crisis incident management, digital network security, and bus and rail security – all with the goal of enhancing investigative capabilities, building border security capabilities, and supporting the Government of Brazil's efforts to prevent terrorist attacks at the 2014 World Cup and the 2016 Summer Olympics. The ATA training courses had the added benefit of bringing together disparate agencies, which enhanced Brazilian interagency communication.

The U.S. Department of State funded professional development courses for police and justice officials both in Brazil and through the International Law Enforcement Academy in San Salvador, El Salvador. In 2014, Homeland Security Investigations provided cross-border financial investigations training to help combat terrorist financing. The U.S. Federal Bureau of Investigation offered courses ranging from interview and interrogation techniques, terrorist financing and money laundering investigations, and Hostage Rescue Team technical assistance exchanges. The Transportation Security Administration (TSA) provided training to Brazil's National Civil Aviation Agency (ANAC) airport security managers and to the DPF's Bureau of Airport Security Services on airport security checkpoint optimization, explosive threat mitigation, and the implementation of an airport security testing program. The TSA also initiated an expert exchange with the DPF's canine group (SECAN) to assist in the development of its explosive detection canine program. SECAN requested that its canine program be evaluated by TSA for possible recognition of commensurability with TSA's canine program.

Brazilian authorities continued to work with other concerned nations – particularly the United States – in combating document fraud. Since 2009, multiple regional and international joint operations successfully disrupted a number of document vendors and facilitators, as well as related human-smuggling networks. Since 2008, DHS Immigration and Customs Enforcement and Customs and Border Protection (CBP) have trained Brazilian airline employees on identifying fraudulent documents. The U.S. government provides comprehensive and ongoing anti-fraud training to airline and border police units through its Investigations Program.

The U.S.-Brazil Container Security Initiative in Santos, which began in 2005, continued to operate throughout 2014. Brazil continued to reach out to CBP's International Affairs and Field Operations Offices to learn best practices and conduct joint workshops to bolster supply chain security and port security. Similarly, the Brazilian ANAC, DPF, and Brazilian Customs continued to work with TSA to make modifications to Brazil's National Cargo Security Program to gain TSA recognition of commensurability for cargo security procedures, training, and operations at Brazil's international airports.

Brazil shares vast international borders with ten different countries, and many of these borders are porous – especially those with Colombia, Venezuela, Uruguay, Paraguay, and Argentina. Travel document security is a highly specialized skill. The Brazilian states maintain individual criminal records databases, and information sharing is unwieldy. Biometric information is not collected from visitors. A 2013 law requires the collection of passenger name record data, and it is being gradually implemented. Brazil does not maintain its own terrorist watch list, although it collaborates with other nations.

In 2014, the Brazilian Army inaugurated the initial section of a border-monitoring system that integrates a combination of soldiers, cameras, sensors, and satellites. The initial section was implemented in the state of Mato Grosso do Sul on the Paraguay border. The system will eventually cover the entire Brazilian land border.

Countering the Financing of Terrorism: Brazil is a member of the Financial Action Task Force (FATF) and the Financial Action Task Force of Latin America, a FATF-style regional body. Brazil prioritizes FATF recommendations and created a working group chaired by the Ministry of Justice to incorporate these recommendations into legislation and regulation. Brazil updated its money laundering legislation in 2012, establishing stricter penalties, but it did not criminalize terrorist financing as a stand-alone criminal offense. Brazil is a member of the Egmont Group, a global association of financial intelligence units.

Through Brazil's Financial Activities Oversight Council (COAF), which is a largely independent entity within the Finance Ministry, Brazil has carried out name checks for persons and entities on the UNSCR 1267/1989 (al-Qa'ida sanctions) and 1988 (Taliban sanction) terrorist finance lists, but it has not reported any assets, accounts, or property in the names of persons or entities on the UN lists. The Government of Brazil has generally responded to U.S. efforts to identify and block terrorist-related funds.

COAF does not have the authority to unilaterally freeze assets without a court order. The FATF has recommended that COAF create a standard operating procedure for freezing funds, which COAF has prioritized as a project but had not yet completed by year's end.

For further information on money laundering and financial crimes, see the 2014 International Narcotics Control Strategy Report (INCSR), Volume 2, Money Laundering and Financial Crimes: http://www.state.gov/j/inl/rls/nrcrpt/index.htm.

Regional and International Cooperation: Brazil participates in regional counterterrorism fora, including the OAS and its Inter-American Committee Against Terrorism, the Union of South American Nations, and the working group on terrorism and sub-working group on financial issues in the Southern Common Market.

Brazil is an active participant in the International Civil Aviation Organization's (ICAO) Working Group on Security. Additionally, in 2014, the Director-President of ANAC held the Presidency of the Latin American Civil Aviation Commission.

The Brazilian government continued to invest in border and law enforcement infrastructure, and has undertaken initiatives with its neighboring countries to control the flow of goods – legal and illegal – through the Tri-Border Area of Brazil, Argentina, and Paraguay.

Countering Radicalization to Violence and Violent Extremism: Brazil's DPF Anti-Terrorism Division was created specifically to address threats of radicalization and to counter violent extremism.