Identifier
Created
Classification
Origin
05VIENNA474
2005-02-17 15:48:00
UNCLASSIFIED
Embassy Vienna
Cable title:
TERRORISM FINANCE: IDENTIFYING DESIGNATION
how-toThis record is a partial extract of the original cable. The full text of the original cable is not available.
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
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
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