Identifier
Created
Classification
Origin
05MADRID3512
2005-10-05 11:57:00
CONFIDENTIAL
Embassy Madrid
Cable title:  

TERRORISM FINANCE - SPAIN'S REACTION ON ECI COURT

Tags:  EFIN KTFN KPAO PREL PGOV PTER SP 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.
C O N F I D E N T I A L MADRID 003512 

SIPDIS

E.O. 12958: DECL: 10/02/2015
TAGS: EFIN KTFN KPAO PREL PGOV PTER SP EUN
SUBJECT: TERRORISM FINANCE - SPAIN'S REACTION ON ECI COURT
RULINGS AND EU DESIGNATION SYSTEM

REF: SECSTATE 172518

Classified By: ECONOMIC COUNSELOR WHITNEY BAIRD FOR REASONS 1.4 (B) and
(D).

C O N F I D E N T I A L MADRID 003512

SIPDIS

E.O. 12958: DECL: 10/02/2015
TAGS: EFIN KTFN KPAO PREL PGOV PTER SP EUN
SUBJECT: TERRORISM FINANCE - SPAIN'S REACTION ON ECI COURT
RULINGS AND EU DESIGNATION SYSTEM

REF: SECSTATE 172518

Classified By: ECONOMIC COUNSELOR WHITNEY BAIRD FOR REASONS 1.4 (B) and
(D).


1. (C) EconOff discussed reftel discussion points with Miguel
Enrique Garcia Herraiz, Area Director for EU Terrorism Issues
within the MFA's Subdirectorate on International Terrorism.
He said that the GOS is pleased with the European Court of
First Instance's ruling on the "Swede 3" cases since the
ruling strengthens the EU's ability to block terrorist
financing and sets a good precedent for other entities that
may appeal. Further, the GOS is pleased that the court
determined that there had not been a lack of due process and
that the EU's legal authority to freeze assets was upheld.
Sweden has already indicated to Spain that it is expecting an
appeal, a process they predict to last no less than six
months.


2. (C) EconOff also opened a dialogue on the other discussion
points. Herraiz noted his personal concern that the
expansion of the EU could reduce the efficiency of the
designation process due to the need to maintain consensus. He
emphasized the importance of Spain's national terrorism
finance mechanisms as a supplement to those of the EU.
Herraiz, who has typically worked primarily with the Spanish
police force, also noted personal concern that a greater use
of information from the intelligence community could
undermine the viability of judicial cases by infringing on
the designated individual's rights.


3. (C) Spain's Financial Action Task Force Mutual Evaluation
report will be released in February. Herraiz expects the GOS
to be fully compliant with all points, with the possible
exception of one or two areas of partial compliance. He does
not believe that the GOS is fully compliant with Special
Recommendation III on asset freezing, and believes this may
be noted in the report.


4. (U) Representatives from Spain will attend the proposed
Nov. 7-8 working group in London. However, they have yet to
receive any official invitation or information about the
event. We will maintain a dialogue on the reftel discussion
points with the GOS and will report any developments septel.
AGUIRRE