TERRORISM FINANCE: 2005 UPDATE NO. 2: BAHRAIN

S E C R E T SECTION 01 OF 02 MANAMA 000398

SIPDIS

NEA/ARPI, S/CT-TKUSHNER, EB/EPPD-CTHOMPSON,
EB/ESC/TFS-DNELSON AND IO/PSC-JSCHWEITZER
DEPARTMENT PLEASE PASS TO TREASURY-JZARATE AND OFAC-RWERNER

E.O. 12958: DECL: 03/16/2015
TAGS: CVIS EFIN ETTC KVPR PREL PTER BA KTFN
SUBJECT: TERRORISM FINANCE: 2005 UPDATE NO. 2: BAHRAIN

REF: (A) STATE 32688 (B) MANAMA 282

Classified By: Ambassador William T. Monroe for reasons 1.4 (B) and (D)
.


1. (U) Per ref A request the following are Post's answers on
Bahrain,s counter-terrorist financing capabilities:

AMOUNT OF ASSETS FROZEN, FORFEITED OR SEIZED
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2. (U) Bahrain has frozen $10,334,641 in five separate
accounts - two accounts of two entities under UNSCR 1267 and
three accounts of one entity listed under E.O. 13224. No
other actions have been taken against the designated parties.


3. (S) (Note. The five accounts the GOB has frozen are: one
account of Yasin Al Qadi, one account of Lajnat Al Daawa Al
Islamiya (LDI),and three accounts of Al Aqsa Islamic Bank.
End note).


4. (U) The GOB currently freezes assets through a Prime
Ministerial Edict under the authority of the Royal
Prerogative. Under this blanket authority the Bahrain
Monetary Agency (BMA) issues circulars on all names listed in
the UN 1267 list requiring financial institutions to search
for and if found, freeze accounts indefinitely. Names
submitted by the US or other countries are reviewed by a
committee and if there is sufficient evidence the BMA will
issue a circular or contact specific banks that are likely to
have assets. If these assets are found, they are frozen
indefinitely.


5. (U) While the GOB uses this legal framework, their legal
advisors fear a court challenge may result in the restriction
of the Royal Prerogative; therefore, the GOB is pushing to
pass two pieces of legislation: one to define terrorism and
the other to outlaw terrorism financing. These laws would
codify the power to freeze assets and explicitly fulfill the
GOB obligations under the UN Convention on the Suppression of
the Financing of Terrorism which they ratified in 2004 (Note:
Bahrain is the only GCC country to ratify the terrorism
financing convention. End note). With the passage of these
laws, the GOB will be current with the Financial Action Task
Force (FATF) Eight Special Recommendations on terrorism
financing. The BMA is in the process of preparing
regulations for the newest FATF Special Recommendation number
nine on Cash Couriers.

IMPEDIMENTS FOR MORE COOPERATION ON CO-SPONSORING
DESIGNATIONS
-------------- --------------

6. (U) While there are no legal impediments for cooperation
with the GOB on co-sponsoring a designation, the GOB may
require a higher standard of evidence to freeze jointly than
required under US authority. The US requires only the
"reasonable cause to believe" to designate under Executive
Order 13224, while the GOB may require evidence that shows
"probable cause" to participate in a joint designation. At a
conference in Abu Dhabi in February between the GCC and the
EU on terrorism financing, the BMA,s legal advisor expressed
concern that for designations not on the UN Security Councils
1267 Consolidated List the GOB may require a higher standard
of proof to maintain a freeze.

GOB A POSSIBLE PROVIDER OF TRAINING AND TECHNICAL ASSISTANCE
-------------- --------------


7. (U) The GOB is willing to accept USG training and has been
the recipient of various training efforts in the past. The
GOB has received assistance from the USG on establishing its
FIU - the Anti Money Laundering Unit - which is housed in the
Ministry of Interior and is an active member of the Egmont
Group. With an established FIU and Compliance Unit in the
BMA, the priority for training should be detailed training on
investigation of specific terrorism financing cases and
training of compliance officers on reviewing and auditing
bank records for suspicious transactions. The Compliance
Unit at the BMA has participated in training to combating the
financing of terrorism (CFT) at the US Treasury,s Office of
the Comptroller of the Currency (OCC). The Compliance Unit
is sending another officer to the OCC for CFT training in May

2005. The GOB has also expressed a need for additional
training on CFT issues for judges and prosecutors.


8. (U) The GOB may also be considered as a partner in
providing technical assistance to other regional countries
(Note. The BMA has already provided training for Iraqi
bankers at the Bahrain Institute for Banking and Finance
(BIBF). End note.) The GOB established the BIBF to train
bankers and members of the finance industry and it regularly
holds courses on money laundering. While post has not
queried the BIBF, the USG could consider approaching the BIBF
to offer expert speakers on CFT as part of existing money
laundering courses or to assist in developing CFT training
courses utilizing the BIBF facilities and staff.


9. (U) Additionally, Bahrain is the home for the new regional
Middle East and North Africa Financial Action Task Force
(MENA FATF). This organization will be reviewing its
members, compliance with anti-money laundering and combating
the financing of terrorism regulations. The USG could
approach the MENA FATF as a potential venue for providing
technical assistance for other Middle East and North African
countries.
BAHRAIN'S RISK RANKING
--------------


10. (S) Post considers Bahrain as a low-risk country for
terrorism financiers using banking services for significant
fundraising. The BMA is the sole regulator of all financial
institutions and requires suspicious transaction reporting.
The BMA does compliance audits of financial institutions.
While there are about 360 financial institutions in Bahrain,
the banking community is close knit and it would be difficult
to keep any large money laundering or terrorism finance
schemes secret. However, the BMA has stated that because
Bahrain is considered a clean financial sector, it is likely
that Bahrain may be used as a transit point for laundered
money or terrorism funds.


11. (S//NF) Post would rate Bahrain a medium risk for raising
funds through charitable organizations. There is some
concern about the regulation of the Islamic charities,
particularly regarding their transactions overseas, and
whether the BMA or the Ministry of Social Affairs are
monitoring these activities (Ref B). Additionally, according
to interviews done by the OFAC Attache, charities in Bahrain
are raising money for many conflict areas including
Palestine, Iraq (Fallujah) and Chechnya.


MONROE