Counter-Terrorist Asset Freezing Regime Debate
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Mark Hoban
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Counter-Terrorist Asset Freezing Regime
Mark Hoban Excerpts(12 years, 3 months ago)
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The Financial Secretary to the Treasury (Mr Mark Hoban)
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 sixth report under the Act and it covers the period from 1 April to 30 June 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 the EU Regulation (EC) 2580/2001 which implements UNSCR 1373 against external terrorist threats to the EU. Under the latter regime, 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 one and two 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.
The following table sets out the key asset-freezing activity in the UK during the quarter ended 30 June 2012:
TAFA 2010 | EU Reg (EC) 2580/2001 | Al-Qaeda Regime UNSCR 1989 | |
|---|---|---|---|
Assets frozen (as at 30/06/2012) | £33,000 | £11,000 | £71,0001 |
Number of accounts frozen in UK (at 30/06/12) | 68 | 10 | 32 |
New accounts frozen | 0 | 0 | 0 |
Accounts unfrozen | 0 | 0 | 6 |
Number of designations (at 30/06/12) | 40 | 37 | 325 |
(i) new designations (during Q2 2012) | 0 | 0 | 1 |
(ii) Delistings | 0 | 0 | 6 |
(iii) individuals in custody in UK | 14 | 0 | 3 |
(iv) individuals in UK, not in detention | 5 | 0 | 5 |
(v) individuals overseas | 13 | 12 | 257 |
(vi) groups | 8 (0 in UK) | 26 (1 in UK) | 69 (2 in UK) |
Individuals by nationality (i) UK Nationals2 (ii) Non UK Nationals | 15 17 | n/a | n/a |
Renewal of designation | 0 | n/a | n/a |
General Licences (i) Issued in Q2 (ii) Amended (iii) Revoked | (i) 0 (ii) 0 (iii) 0 | ||
Specific Licences: | |||
(i) Issued in Q2 (ii) Revoked | (i) 5 (ii) 0 | (i) 0 (ii) 0 | 1 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 02/07/12. 2Based on information held by the Treasury, some of these individuals hold dual nationality. |
There are no significant areas of activity to report on this quarter.
Legal Challenges
One legal challenge against designations made under both the Terrorism (United Nations Measures) Order 2009 and TAFA 2010 was ongoing in the quarter covered by this report. This was the appeal by Zana Abdul Rahim. There were no specific developments during the quarter in this case. An appeal was issued by Gulam Mastafa against his 2012 designation under TAFA 2012 and he was also given leave to appeal out of time against his 2011 designation. A damages claim was served by M, seeking payment of damages by the Treasury flowing from his designations under the Terrorism (United Nations Measures) Order 2006, which was quashed by the Supreme Court in R (on the application of Ahmed) v. HMT [2010] UKSC 2 and the Terrorism (United Nations Measures) Order 2009.
Proceedings
In the quarter to 30 June 2012, no proceedings were commenced involving the Treasury in respect of breaches of the prohibitions of the Act or the al-Qaeda (Asset-Freezing) Regulations 2011.
1- Designated persons under TAFA 2010 by name3
Individuals
1. | Hamed ABDOLLAHI |
2. | Bllal 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. | Ali 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)
2 – Persons designated by the EU under Council Regulation (EC) 2580/20014
Persons
1. Hamed ABDOLLAHI*
2. Abdelkarim Hussein AL-NASSER*
3. Ibrahim Salih AL YACOUB*
4. Manssor ARBABSIAR*
5. Mohammed BOUYERI
6. Sofiane Yacine FAHAS
7. Hasan IZZ-AL-DIN*
8. Khalid Shaikh MOHAMMED*
9. Abdul Reza SHAHLAI*
10. AN 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-lslamlyya) (Islamic Group — IG)
8. Islami Buyuk Dogu Akincilar Cephesi (IBDA-C) (Great Islamic Eastern Warriors Front)
9. Hamas, including Hamas-Izz al-Din al-Qassem
10. Hizbui 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. Ejercito de Liberacion Nacional (National Liberation Anny)*
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
24. Teyrbazen Azadiya Kurdistan (TAK)
3. 4.For full listing details please refer to: http://www.hm-treasury.gov.uk/d/terrorism.htm.
*EU listing rests on UK designation under TAFA 2010.