UK’s Counter-Terrorist Asset-Freezing Regime Debate
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Greg Clark
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UK’s Counter-Terrorist Asset-Freezing Regime
Greg Clark Excerpts(11 years, 3 months ago)
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The Financial Secretary to the Treasury (Greg Clark)
My noble friend the Commercial Secretary to the Treasury, Lord Deighton, has today made the following written ministerial statement:
Under the Terrorist Asset-Freezing etc. Act 2010 (“TAFA 2010”), the Treasury is required to report quarterly to Parliament on its operation of the UK’s asset-freezing regime mandated by UN Security Council Resolution 1373.
This is the eighth report under the Act and it covers the period from 1 October 2012 to 31 December 2012. This report also covers the UK implementation of the UN al-Qaeda asset-freezing regime and the operation of the EU asset-freezing regime in the UK under EU Regulation (EC) 2580/2001 which implements UNSCR 1373 against external terrorist threats to the EU. Under the UN al-Qaeda asset-freezing regime, the UN has responsibility for designations and the Treasury has responsibility for licensing and compliance with the regime in the UK under the al-Qaeda (Asset-freezing) Regulations 2011. Under EU Regulation 2580/2001, the EU has responsibility for designations and the Treasury has responsibility for licensing and compliance with the regime in the UK under part 1 of TAFA 2010.
Annexes A and B to this statement provide a breakdown by name of all those designated by the UK and the EU in pursuance of UN Security Council Resolution 1373.
During this period the independent reviewer’s second annual report on the operation of the TAFA 2010 was laid in Parliament. The report made one recommendation, to which the Treasury will respond by 14 February 2013.
The following table sets out the key asset-freezing activity in the UK during the quarter ending 31 December 2012:
TAFA 2010 | EU Reg (EC) 2580/2001 | Al-Qaeda Regime UNSCR 1989 | |
|---|---|---|---|
Assets frozen (as at 31/12/2012) | £26,000 | 11,000 | £65,0001 |
Number of accounts frozen in UK (at 31/12/2012) | 65 | 10 | 25 |
New accounts frozen | 0 | 0 | 1 |
Accounts frozen | 0 | 0 | 0 |
Number of designations (at 31/12/2012) | 40 | 37 | 295 |
(i) new designations (during Q4 2012) | 0 | 0 | 3 |
(ii) Delistings | 0 | 0 | 14 |
(iii) individuals in custody in UK | 14 | 0 | 1 |
(iv) individuals in UK, not in detention | 5 | 0 | 3 |
(v) individuals overseas | 13 | 12 | 228 |
(vi) groups | 8 (0 in UK) | 25 (1 in UK) | 63 (1 in UK) |
Individuals by Nationality | |||
(i) UK Nationals2 | 15 | n/a | n/a |
(ii) Non UK Nationals | 17 | ||
Renewal of designation | 8 | n/a | n/a |
General Licences | |||
(i) Issued in Q4 | (i) 1 | ||
(ii) Amended | (ii) 0 | ||
(iii) Revoked | (iii) 0 | ||
Specific Licences | |||
(i) Issued in Q4 | (i) 1 | (i) 0 | (i) 0 |
(ii) Amended | (ii) 1 | (ii) 0 | (ii) 0 |
(iii) Revoked | (iii) 0 | (iii) 0 | (iii) 0 |
1This figure reflects the most up-to-date account balances available and includes approximately $64,000 of suspected terrorist funds frozen in the UK. This has been converted using exchange rates as of 19/01/2013. |
Ibrahim (aka Abu Hamza) and Al-Fawaz were deported to the US in October 2012. Both individuals are designated under the UN al-Qaeda asset-freezing regime.
Legal Proceedings
Appeals against designations made under the Terrorism (United Nations Measures) Order 2009 and TAFA 2010 were ongoing in the quarter covered by this report, brought by Zana Abdul Rahim and Gulam Mastafa. Judgment was handed down on a preliminary issue in relation to Mastafa’s appeal on 12 December 2012. Mr Justice Collins held that article 6 of the European Convention on Human Rights applies to proceedings under TAFA 2010. A claim for damages arising from the designation of another individual, known as “M” for the purpose of these proceedings, issued against the Treasury, is also ongoing.
In the quarter to 31 December 2012, no criminal proceedings were initiated in respect of breaches of asset-freezes made under the Act or under the Al-Qaeda (Asset-Freezing) Regulations 2011.
Annex A: Designated persons under TAFA 2010 by name3
Individuals
1. Hamed Abdollahi
2. Bilal Talal Abdullah
3. Imad Khalil Al-Alami
4. Abdula Ahmed Ali
5. Abdelkarim Hussein Al-Nasser
6. Ibrahim Salih Al-Yacoub
7. Manssor Arbabsiar
8. Usama Hamdan
9. Nabeel Hussain
10. Tanvir Hussain
11. Zahoor Iqbal
12. Umar Islam
13. Hasan Izz-Al-Din
14. Parviz Khan
15. Waheed Arafat Khan
16. Osman Adam Khatib
17. Musa Abu Marzouk
18. Gulam Mastafa
19. Khalid Mishaal
20. Khalid Shaikh Mohammed
21. Ramzi Mohammed
22. Sultan Muhammad
23. Yassin Omar
24. Hussein Osman
25. Zana Abdul Rahim
26. Muktar Mohammed Said
27. Assad Sarwar
28. Ibrahim Savant
29. Abdul Reza Shahlai
30. All Gholam Shakuri
31. Qasem Soleimani
32. Waheed Zaman
Entities
1. Basque Fatherland and Liberty (ETA)
2. Ejercito de Liberacion Nacional (ELN).
3. Fuerzas Armadas Revolucionarias de Colombia (FARC)
4. Hizballah Military Wing, Including External Security Organisation
5. Holy Land Foundation for Relief And Development
6. Popular Front for the Liberation Of Palestine-General Command (PFLP-GC)
7. Popular Front for the Liberation of Palestine (PFLP)
8. Sendero Luminoso (SL)
Annex B: Persons designated by the EU under Council Regulation (EC) 2580/20044
Persons | |
1. | Hamed ABDOLLAHI* |
2. | Abdelkarim Hussein AL-NASSER* |
3. | Ibrahim Salih ALYACOUB* |
4. | Manssor ARBABSIAR* |
5. | Mohammed BOUYERI |
6. | Sofiane Yacine FAHAS |
7. | Hasan IZZ-AL-DIN* |
8. | Khalid Shaikh MOHAMMED* |
9. | Abdul Reza SHAHLAI* |
10. | AM Gholam SHAKURI* |
11. | Qasem SOLEIMANI* |
12. | Jason Theodore WALTERS |
Groups and entities
1. Abu Nidal Organisation (ANO)
2. Al-Aqsa Martyrs’ Brigade
3. Al-Aqsa e.V.
4. Al-Takfir and Al-Hijra
5. Babbar Khalsa
6. Communist Party of the Philippines, including New People’s Army (NPA), Philippines
7. Gama’a al-lslamiyya (a.k.a. Al-Gama’a al-lslamiyya) (Islamic Group—IG)
8. Islami Büyük Dogu Akincilar Cephesi (IBDA-C) (Great Islamic Eastern Warriors Front)
9. Hamas, including Hamas-Izz al-Din al-Qassem
10. Hizbul Mujahideen (HM)
11. Hofstadgroep
12. Holy Land Foundation for Relief and Development*
13. International Sikh Youth Federation (ISYF)
14. Khalistan Zindabad Force (KZF)
15. Kurdistan Workers Party (PKK) (a.k.a. KONGRA-GEL)
16. Liberation Tigers of Tamil Eelam (LTTE)
17. Ejército de Liberación Nacional (National Liberation Army)*
18. Palestinian Islamic Jihad (PIJ)
19. Popular Front for the Liberation of Palestine (PFLP)*
20. Popular Front for the Liberation of Palestine—General Command (PFLP-GC)*
21. Fuerzas armadas revolucionarias de Colombia (FARC)*
22. Devrimci Halk Kurtulu Partisi-Cephesi—DHKP/C (Revolutionary People’s Liberation Army/Front/Party)
23. Sedero Luminoso (SL) (Shining Path)*
24. Stichting Al Aqsa
25. Teyrbazen Azadiya Kurdistan (TAK)
2Based on information held by the Treasury, some of these individuals hold dual nationality.
3For full listing details please refer to: http://www.hm- treasury.gov.uk/d/terrorism.htm.
4For full listing details please refer to: http://www.hm- treasury.gov.uk/d/terrorism.htm.
*EU listing rests on UK designation under TAFA 2010.