Counter-Terrorist Asset Freezing Regime Debate
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Greg Clark
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Counter-Terrorist Asset Freezing Regime
Greg Clark Excerpts(11 years 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 to Parliament, quarterly, on its operation of the UK’s asset-freezing regime mandated by UN Security Council Resolution 1373.
This is the ninth report under the Act and it covers the period from 1 January 2013 to 31 March 2013. 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 Treasury response to the independent reviewer’s second report was laid in Parliament.
The following table sets out the key asset-freezing activity in the UK during the quarter ending 31 March 2013:
TAFA 2010 | EU Reg (EC) 2580/2001 | Al-Qaeda Regime UNSCR 1989 | |
|---|---|---|---|
Assets frozen (as at 31/03/2013) | £23,000 | £11,000 | £72,0001 |
Number of accounts frozen in UK(at 31/03/13) | 61 | 10 | 27 |
Accounts unfrozen | 0 | 0 | 2 |
Number of designations (at 31/03/2013) | 39 | 362 | 296 |
(i) New designations (during Q1 2013) | 0 | 0 | 0 |
(ii) Delistings | 1 | 0 | 4 |
(iii) Individuals in custody in UK | 14 | 0 | 1 |
(iv) Individuals in UK, not in custody | 4 | 0 | 4 |
(v) Individuals overseas | 13 | 11 | 227 |
(vi) Groups | 8 (0 in UK) | 25 (1 in UK) | 64 (1 in UK) |
Individuals by Nationality | |||
(i) UK Nationals3 | 15 | n/a | n/a |
(ii) Non UK Nationals | 16 | ||
Renewal of designation | 31 | n/a | n/a |
General Licences | |||
(i) Issued in Q4 | (i) 0 | ||
(ii) Amended | (ii) 0 | ||
(iii) Revoked | (iii) 0 | ||
Specific Licences | |||
(i) Issued in Q4 | (i) 1 | (i) 0 | (i) 1 |
(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 10/04/2013. | |||
2Includes EU only and joint UK and EU listings. One Individual was delisted in Q4 of 2012 but this was not included in the Quarterly Report for that period in error. | |||
3Based on information held by the treasury, some of these individuals hold dual nationality. |
A final designation made by the Treasury under TAFA 2010 expires at the end of one year, unless revoked or renewed before that date. As such, the designations of 26 individuals and six groups were reviewed during the period. Following these reviews, 31 designations were renewed and one designation was revoked.
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. Gulam Mastafa also issued proceedings in this period under section 27 of the TAFA 2010 challenging a licensing decision taken by the Treasury. This has been listed to be heard with Mastafa’s substantive appeal against his designation in July 2013. A claim for damages against the Treasury arising from the designation of another individual, known as “M” for the purpose of these proceedings is also ongoing.
In the quarter to 31 March 2013, no criminal proceedings were initiated in respect of breaches of asset freezes made under TAFA 2010 or under the Al-Qaeda (Asset-Freezing) Regulations 2011.
Annex A: Designated persons under TAFA 2010 by name4
Individuals
1. Hamed Abdollahi
2. BilalTalal 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. Muktar Mohammed Said
26. Assad Sarwar
27. Ibrahim Savant
28. Abdul Reza Shahlai
29. Ali Gholam Shakuri
30. Qasem Soleimani
31. 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)2580/20015
Persons
1. Named 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. AliGholam SHAKURI*
11. Qasem SOLEIMANI*
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. BabbarKhalsa
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-Islamiyya) (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. HizbulMujahideen (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. Ejercito de Liberacion 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. Sendero Luminoso (SL) (Shining Path)*
24. Stichting Al Aqsa
25. Teyrbazen Azadiya Kurdistan (TAK)
4For full listing details please refer to http://www.hm-treasury. gov.uk/d/terrorism.htm.
5For full listing details please refer to http://www.hm-treasury. gov.uk/d/terrorism.htm.
*EU listing rests on UK designation under TAFA 2010.