TERRORISM FINANCE: IDENTIFYING DESIGNATION

UNCLAS VIENNA 000474 SIPDIS STATE FOR EB/ESC/TFS, S/CT, INL/C, EUR/PGI, EUR/ERA TREASURY FOR TFFC AND OFAC JUSTICE FOR CRM/AFMLS E.O. 12958: N/A TAGS: EFIN KTFN PGOV PTER AU EUN SUBJECT: TERRORISM FINANCE: IDENTIFYING DESIGNATION AUTHORITIES - AUSTRIA REF: STATE 28352 ¶1. Below are the answers to reftel questions regarding Austria's designation mechanisms and authorities. National Authority to Implement Sanctions -------------- ¶2. UN Security Council resolutions are generally reflected in EU Council regulations, which in Austria, as a EU member country, are directly and immediately applicable. The GOA's legal ability to block terrorist- related assets is based on UNSCRs and EU regulations. UNSCR 1267 is reflected in EU Council Regulation 881 of May 27, 2002, as amended, and thus directly applicable in Austria. ¶3. Resolution 1373 is reflected in EU Council Regulation 2580 of December 27, 2001, as amended. Regulation 2580 is directed at non-EU citizens (note: the EU Council has no competency for EU citizens in this area) and has been implemented through Austrian National Bank (ANB) official announcements, including official announcement DL 2/2002 of September 2, 2002 titled "Amendment to Official Announcement DL 2/91; UN Security Resolution No. 1373 (2001)." Last amendment of DL 2/2002 was official announcement DL 2/2004 of October 16, 2004. The ANB's official announcements are based on the Austrian Foreign Exchange Act of 2003 (Federal Law Gazette I/123 of December 16, 2003). ¶4. As directly applicable law, EU Council Regulations serve as sufficient legal basis for commercial banks to freeze assets of individuals and organizations. Banks have to report their actions to the ANB, which on such issues closely cooperates with the Interior Ministry's intelligence agency, the Office for Protection of the Constitution and Counterterrorism (BVT). Austrian Authority Authorizing and Transmitting National Positions -------------- -------------- ¶5. The Austrian authority authorizing and transmitting national positions regarding individuals and entities proposed for listing by the EU clearing house mechanism is the Austrian Federal Ministry for Foreign Affairs (MFA),in agreement with Interior Ministry's intelligence agency, the BVT. BROWN