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Terrorist Asset Freezing

Volume 540: debated on Wednesday 8 February 2012

Under the Terror 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 fourth report under the Act and it covers the period from 1 October 2011 to 31 December 2011. This report also covers the UK implementation of the UN-Al-Qaeda asset freezing regime.

Follow up to independent reviewer’s report

Following recommendations made by David Anderson QC, the independent reviewer, in his report on the operation of the Terrorist Asset-Freezing etc. Act 2010 published on 15 December 2011, the Treasury has revised the content and format of the quarterly report to provide additional information.

This report has been revised to take account of the independent reviewer’s recommendation to publish more information about the operation of the domestic asset-freezing regime. This information can be found in the table and text below. In accordance with the recommendation at paragraph 11.5 of the independent reviewer’s report, the lists at the end of 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 Treasury has also decided to report more fully on the operation of the EU asset-freezing regime in the UK under the EU Regulation (EC) 2580/2001 which implements the UNSCR 1373 against external terrorist threats to the EU. Under this 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.

The Treasury has published its response to the independent reviewer’s report today (8 February 2012) and the next quarterly report will provide an update on implementation of other recommendations which impact on the operation of the asset-freezing regime in the UK.

Additional information, where available, is also provided for the al-Qaeda regime in the revised format adopted to meet the independent reviewer’s recommendation.

The following table sets out the key asset-freezing activity in the UK during the quarter ending 31 December 2011:

TAFA 2010

EU Reg(EC) 2580/2001

Al-QaedaRregime

UNSCR1989

Assets frozen (as at 31/12/2011)

£33,000

£11,000

£72,0001

Number of accounts frozen in UK

(at 31/12/11)

70

10

39

New accounts frozen

0

0

0

Accounts unfrozen

4

0

2

Number of designations

(at 31/12/11)

42

51

343

(i) new designations

(during Q4 2011)

5

5

1

(ii) Delistings

1

1

1

(iii) individuals in custody in UK

15

0

3

(iv) individuals in UK, not in detention

5

0

7

(v) individuals overseas

14

26

242

(vi) groups

8 (0 in UK)

25

91 (2 in UK)

Renewal of designation

1

n/a

n/a

General Licences

Issued in Q4

Amended

(iii) Revoked

(i) 0

(ii) 5

(iii) 0

Specific Licences:

(i) Issued

(ii) Revoked

(i) 4

(ii) 9

(i) 0

(ii) 0

(i) 1

(ii) 2

1 This 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 04/01/12.

The key areas of activity during the quarter were:

The Treasury made five new designations under TAFA 2010. These were in respect of Hamed Abdollahi, Manssor Arbabsiar, Abdul Reza Shahlai, Ali Gholam Shakuri, and Qasem Soleimani; and were the first new designations made under TAFA 2010. The five individuals were subsequently listed under EU Regulation 2580/2001.

Two reviews of existing designations were completed during the quarter, which resulted in the delisting of Ismail Bhuta and the renewal of designation of Bilal Abdullah.

Nine licences were revoked following the delisting of Ismail Bhuta.

The decrease in balances since the last quarter follows delistings made and licences issued (under which frozen funds have been released).

The Al-Qaeda (Asset-Freezing) Regulations 2011 were introduced in November to replace the Al-Qaeda and Taliban (Asset-Freezing) Regulations 2010, following the split of the al-Qaeda and Afghanistan regimes agreed by the UN in June 2011.

Legal Challenges

Two legal challenges against designations made under both the Terrorism (United Nations Measures) Order 2009 and TAFA 2010 were ongoing in the quarter covered by this report. There were no specific developments during the quarter in the cases brought by Zana Rahim and Ismail Bhuta. No new challenges were made against the Treasury during the quarter.

Proceedings

In the quarter to 31 December 2011, no proceedings were initiated in respect of breaches of the prohibitions of the Act or the Al-Qaeda (Asset-Freezing) Regulations 2011.

(i) Designated persons under TAFA 2010 by name2

INDIVIDUALS

Hamed ABDOLLAHI

Bilal Talal ABDULLAH

Habib AHMED

Imad Khalil AL-ALAMI

Abdula Ahmed ALI

Abdelkarim Hussein AL-NASSER

Ibrahim Salih AL-YACOUB

ManssorARBABSIAR

Selman BOZKUR

UsamaHAMDAN

Nabeel HUSSAIN

Tanvir HUSSAIN

ZahoorlQBAL

Umar ISLAM

Hasan IZZ-AL-DIN

ParvizKHAN

Waheed Arafat KHAN

Osman Adam KHATIB

Musa Abu MARZOUK

GulamMASTAFA

Khalid MISHAAL

Khalid Shaikh MOHAMMED

Ramzi MOHAMMED

Sultan MUHAMMAD

YassinOMAR

Hussein OSMAN

Zana Abdul RAHIM

Muktar Mohammed SAID

Assad SARWAR

Ibrahim SAVANT

Abdul Reza SHAHLM

All Gholam SHAKURI

Qasem SOLEIMANI

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)

2For full listing details please refer to: http://www.hm-treasury.gov.uk/d/terrorism.htm.

(ii) Persons designated by the EU under Council Regulation (EC)2580/20013

Hamed ABDOLLAHI*

Rabah Naami ABOU

Maisi ABOUD

Abdelkarim Hussein AL-NASSER*

Ibrahim Salih AL YACOUB*

ManssorARBABSIAR*

Kamel ARIOUA

Mohamad ASLI

Rabah ASLI

Mohammed BOUYERI

Noureddine DARIB

Abderrahmane DJABALI

Sofiane Yacine FAHAS

Hasan IZZ-AL-DIN*

15. Khalid Shaikh MOHAMMED*

FatehMOKTARI

FaridNOUARA

HoarlRESSOUS

19. Noureddine SEDKAOUI

Abdelghani SELMANI

Sofiane SENOUCI

Abdul Reza SHAHLAI*

All Gholam SHAKURI*

Qasem SOLEIMANI*

Mohammed TINGUALI

Jason Theodore WALTERS

Abu Nidal Organisation (ANO)

Al-Aqsa Martyrs’ Brigade

Al-Aqsa e.V.

Al-Takfir and Al-Hijra

Babbar Khalsa

Communist Party of the Philippines, including New People’s Army (NPA), Philippines

Gama’a al-lslamiyya (a.k.a. Al-Gama’a al-lslamiyya) (Islamic Group— IG)

Islami Büyük Dogu Akincilar Cephesi (IBDA-C) (Great Islamic Eastern Warriors Front)

Hamas, including Hamas-Izz al-Din al-Qassem

Hizbul Mujahideen(HM)

Hofstadgroep

Holy Land Foundation for Relief and Development*

International Sikh Youth Federation (ISYF)

Khalistan Zindabad Force (KZF)

Kurdistan Workers Party (PKK) (a.k.a. KONGRA-GEL)

Liberation Tigers of Tamil Eelam (LTTE)

Ejército de Liberación Nacional (National Liberation Army)*

Palestinian Islamic Jihad (PIJ)

Popular Front for the Liberation of Palestine (PFLP)*

Popular Front for the Liberation of Palestine—General Command (PFLP-GC)*

Fuerzas armadas revolucionarias de Colombia (FARC)*

Devrimci Halk Kurtulu Partisi-Cephesi—DHKP/C (Revolutionary People’s Liberation Army/Front/Party)

Sendero Luminoso (SL) (Shining Path)*

Stichting Al Aqsa

Teyrbazen azadiya Kurdistan(TAK)

3for full listing details please refer to: http://www.hm-treasury.gov.uk/d/terrorism.htm.

*EU listing rests on UK designation under TAFA 2010.