Identifier
Created
Classification
Origin
07ANKARA324
2007-02-15 12:22:00
CONFIDENTIAL
Embassy Ankara
Cable title:
UNSCR 1737: TURKEY WILL SEARCH FOR ASSETS, BUT
how-toVZCZCXYZ0000 PP RUEHWEB DE RUEHAK #0324 0461222 ZNY CCCCC ZZH P 151222Z FEB 07 FM AMEMBASSY ANKARA TO RUEHC/SECSTATE WASHDC PRIORITY 0967 INFO RUEHIT/AMCONSUL ISTANBUL PRIORITY 2124 RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
C O N F I D E N T I A L ANKARA 00324
SIPDIS
SIPDIS
FOR ISN, T, NEA
TREASURY FOR OTI RLOEFFLER
DOJ FOR DAAG SWARTZ
E.O. 12958: DECL: 02/15/2017
TAGS: ETTC KFTN PARM KNNP IR TU
SUBJECT: UNSCR 1737: TURKEY WILL SEARCH FOR ASSETS, BUT
DIFFICULT TO FREEZE
REF: STATE 16917
Classified By: ECON/C Tom Goldberger. Reasons 1.4 (b) and (d).
C O N F I D E N T I A L ANKARA 00324
SIPDIS
SIPDIS
FOR ISN, T, NEA
TREASURY FOR OTI RLOEFFLER
DOJ FOR DAAG SWARTZ
E.O. 12958: DECL: 02/15/2017
TAGS: ETTC KFTN PARM KNNP IR TU
SUBJECT: UNSCR 1737: TURKEY WILL SEARCH FOR ASSETS, BUT
DIFFICULT TO FREEZE
REF: STATE 16917
Classified By: ECON/C Tom Goldberger. Reasons 1.4 (b) and (d).
1. (C) Summary. Demarches on implementation of UNSCR 1737
have been delivered to the Minister of Finance, Turkey's
financial intelligence unit, and the Foreign Ministry. The
senior foreign ministry official responsible for intelligence
and security appreciated the information, but admitted that
Turkey lacks a solid basis on which to take administrative
action to freeze or block any assets that might be found in
Turkey. End Summary.
2. (C) Under Secretary Joseph sought Turkish cooperation to
take economic measures to pressur
program in a February 12Finance
Minister Kemal Ur `NSCR 1737 and
specifIRGC. Post followed upaper to the directoQf Turkey's
financial intelligence unit -- whoparticipated in U/S
Joseph's meeting -- and t/ the personal office of Minister
Unakitan on February 13.
3. (C) On February 14, EconCouns delivered the non-paper
and points to MFA Director General for Intelligence and
Security Affairs, Hayati Guven. Guven said he appreciated
the information and that he would ask the relevant Turkish
authorities to search for assets of the companies/individuals
mentioned in the non-paper.
--------------
Weak Legal Basis for Asset Freezes
--------------
4. (C) Guven continued by saying that since the July 2006
judicial decision overturning the 1267 freeze on Yasin
al-Qadi's assets (currently under appeal) it has become much
more difficult for the Council of Ministers to take
administrative action to freeze assets. To freeze assets,
the government would have to ask for a court order, which
requires a much higher evidentiary standard than the
information in reftel or than what is normally provided by
the United Nations. Guven stressed that assets found in
Turkey remained frozen pursuant to UNSCR 1267, but frankly
admitted that the legal basis for these and any future
administrative freezes is tenuous. The Econ Counselor said
Turkey was obligated to the United Nations to implement
Security Council resolutions, as has been discussed many
times. The U.S. was providing the reftel information to
assist Turkey and Turkey would have to find an effective way
to act if assets are found. Guven understood this, but
pointed again to the legal challenges that have bedeviled
past asset freezes.
Visit Ankara's Classified Web Site at
http://www.state.sgov.gov/p/eur/ankara/
WILSON
SIPDIS
SIPDIS
FOR ISN, T, NEA
TREASURY FOR OTI RLOEFFLER
DOJ FOR DAAG SWARTZ
E.O. 12958: DECL: 02/15/2017
TAGS: ETTC KFTN PARM KNNP IR TU
SUBJECT: UNSCR 1737: TURKEY WILL SEARCH FOR ASSETS, BUT
DIFFICULT TO FREEZE
REF: STATE 16917
Classified By: ECON/C Tom Goldberger. Reasons 1.4 (b) and (d).
1. (C) Summary. Demarches on implementation of UNSCR 1737
have been delivered to the Minister of Finance, Turkey's
financial intelligence unit, and the Foreign Ministry. The
senior foreign ministry official responsible for intelligence
and security appreciated the information, but admitted that
Turkey lacks a solid basis on which to take administrative
action to freeze or block any assets that might be found in
Turkey. End Summary.
2. (C) Under Secretary Joseph sought Turkish cooperation to
take economic measures to pressur
program in a February 12Finance
Minister Kemal Ur `NSCR 1737 and
specifIRGC. Post followed upaper to the directoQf Turkey's
financial intelligence unit -- whoparticipated in U/S
Joseph's meeting -- and t/ the personal office of Minister
Unakitan on February 13.
3. (C) On February 14, EconCouns delivered the non-paper
and points to MFA Director General for Intelligence and
Security Affairs, Hayati Guven. Guven said he appreciated
the information and that he would ask the relevant Turkish
authorities to search for assets of the companies/individuals
mentioned in the non-paper.
--------------
Weak Legal Basis for Asset Freezes
--------------
4. (C) Guven continued by saying that since the July 2006
judicial decision overturning the 1267 freeze on Yasin
al-Qadi's assets (currently under appeal) it has become much
more difficult for the Council of Ministers to take
administrative action to freeze assets. To freeze assets,
the government would have to ask for a court order, which
requires a much higher evidentiary standard than the
information in reftel or than what is normally provided by
the United Nations. Guven stressed that assets found in
Turkey remained frozen pursuant to UNSCR 1267, but frankly
admitted that the legal basis for these and any future
administrative freezes is tenuous. The Econ Counselor said
Turkey was obligated to the United Nations to implement
Security Council resolutions, as has been discussed many
times. The U.S. was providing the reftel information to
assist Turkey and Turkey would have to find an effective way
to act if assets are found. Guven understood this, but
pointed again to the legal challenges that have bedeviled
past asset freezes.
Visit Ankara's Classified Web Site at
http://www.state.sgov.gov/p/eur/ankara/
WILSON