IRELAND PREFERS EU DESIGNATION MECHANISM

C O N F I D E N T I A L DUBLIN 001203

SIPDIS

E.O. 12958: DECL: 10/27/2014
TAGS: EFIN KTFN KPAO PREL PGOV PTER EUN
SUBJECT: IRELAND PREFERS EU DESIGNATION MECHANISM

REF: SECSTATE 172518

Classified By: POL/ECON CHIEF MARY DALY, FOR REASONS 1.4 (B),(D)

1.(C) On September 26, emboff spoke with Department of
Foreign Affairs UN/Terrorism and Illicit Drugs section First
Secretary Maurice Biggar regarding reftel points. Biggar

SIPDIS
relayed that Ireland is pleased with the September 21 ruling
of the European Court of First Instance (ECI) that the EU has
the right to freeze assets of people on the UN list of
suspected terrorists.


2. (C) Per reftel's request for an assessment on designation
procedures, Biggar said that the EU current mechanism for
implementing sanctions under UNSCRs 1267 and 1373 is
efficient and effective. It is as follows:

--UN 1267 Designations

Once the UN 1267 Sanctions Committee designates an individual
or group as having ties to Osama Bin Laden, Al-Qaeda, or the
Taliban, the EU automatically adopts a designation for its
Member States. According to Biggar, the process takes about
three days and the implementations are binding on Member
States.

--UN 1373 Designations

Biggar, the Irish delegate to the Counterterrorism Committee
(COTER),said that the GOI is well aware of its obligations
to block terrorist funds under UNSCR 1373, and he argues that
implementation of this resolution is much more effective at
the EU level vice at the national level. At the national
level, Ireland can freeze assets of terrorism suspects only
if senior police officials can convince judges that funds
used by suspects are proceeds of terrorism finance. He added
that information in such cases may be required from outside
sources, indicating a dependence upon intelligence from other
countries. However, at the EU level, Member States decide on
designations according to EU Common Position 931, the EU
legal basis for freezing terrorism assets. Biggar said that
Ireland supports the current EU Clearinghouse method, because
it is an effective way of sharing information on individual
terrorism suspects or groups. Once a person or group is
listed by the Clearinghouse, Biggar said that Ireland is
bound by UN 1373 to seize assets, and may do so under the
legal umbrella provided by the EU.
KENNY