Identifier
Created
Classification
Origin
05DUBLIN222
2005-02-22 17:21:00
UNCLASSIFIED
Embassy Dublin
Cable title:  

TERRORISM FINANCE - IDENTIFYING DESIGNATION

Tags:  EFIN KTFN PGOV PTER EUN 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS DUBLIN 000222 

SIPDIS

EB/ESC/TFS
S/CT
INL/C
EUR/PGI
EUR/ERA
TREASURY FOR TFFC, OFAC
JUSTICE FOR CRM/AFMLS

E.O. 12958: N/A
TAGS: EFIN KTFN PGOV PTER EUN
SUBJECT: TERRORISM FINANCE - IDENTIFYING DESIGNATION
AUTHORITIES IN IRELAND

REF: A. STATE 28352

B. 04 DUBLIN 01367

UNCLAS DUBLIN 000222

SIPDIS

EB/ESC/TFS
S/CT
INL/C
EUR/PGI
EUR/ERA
TREASURY FOR TFFC, OFAC
JUSTICE FOR CRM/AFMLS

E.O. 12958: N/A
TAGS: EFIN KTFN PGOV PTER EUN
SUBJECT: TERRORISM FINANCE - IDENTIFYING DESIGNATION
AUTHORITIES IN IRELAND

REF: A. STATE 28352

B. 04 DUBLIN 01367


1. Summary: Per reftel's request on Ireland's designation
mechanisms and authorities, Ireland's authority in combating
terrorism financing rests with the Departments of Foreign
Affairs, Justice and Finance. Under the auspices of Finance,
the Central Bank of Ireland plays a key role in monitoring
the freezing of assets, but the individual banks bear most of
the burden of complying with UN and/or EU designations. End
Summary.

--------------
Designation Authorities and Mechanisms
--------------


2. The competent authorities in combating terrorism
financing in Ireland are the Central Bank of Ireland, under
the auspices of the Department of Finance (DOF),and the
Departments of Justice (DOJ) and Foreign Affairs (DFA). In
regards to transnational terrorist assets, Ireland currently
can only freeze bank accounts of groups designated by the UN
1267/1373 Sanctions Committees or the EU Clearinghouse, but
shortly will pass new legislation, which will give it direct
authority to freeze assets (see para 3). EU designation has
immediate legal effect in Ireland, but may take up to two
weeks for compliance.

--The Department of Foreign Affairs is responsible for
transmitting the 1267 and 1373 designations of the UN
Security Council, as well as the EU Clearinghouse designees
to the Central Bank of Ireland and the Departments of Finance
and Justice. DFA representatives also attend EU
Clearinghouse meetings to represent the GOI in voting.

--The Department of Finance/Central Bank notify individual
banks to be on the alert for suspicious transactions,
accounts, and assets. The DOF issues legal penalties to the
individual banks for not complying with UN Resolutions and
any bank found in violation may be referred to the office of
the Director of Public Prosecutions. The Central Bank's main
role is that of monitoring the freezing of assets and
ensuring requisite seizures take place.

--The real onus is on the individual banks. Under penalty of
law, banks must immediately freeze assets of designees and
then report these seizures to the Central Bank.

--The Department of Justice may request surveillance and
investigation of individuals designated by the Sanctions
Committees or Clearinghouse.

-------------- --------------
Pending Legislation - Criminal Justice and Terrorist Offenses
Bill
-------------- --------------


3. When the Criminal Justice and Terrorist Offenses Bill of
2002 is passed, it will give the GOI the direct authority to
freeze assets of suspected terrorist and terrorism finance
groups. Current legislation stipulates freezing only when
assets are the proceeds of a crime. The new law will extend
to cover suspicions of assets that will be used to commit a
future crime or terrorist act. The legislation has been
delayed for two years because it contains three distinct
parts - one dealing with terrorism financing, one dealing
with ratifying language for an EU terrorist directive, and
one dealing with several other UN terrorism conventions. The
Bill recently was amended to include new data retention
language and is currently passing from the Upper House of
Parliament back to the Lower House for a final review. It
will then proceed to the desk of the President, who is
expected to sign it into law. Once signed into law, the GOI
will begin procedures to adopt the four remaining UN
Conventions/Protocols on terrorism.
KENNY