SCENESETTER FOR OCTOBER SEMINAR ON UN TARGETED

C O N F I D E N T I A L SECTION 01 OF 03 BRUSSELS 001363 SIPDIS NOFORN STATE PASS EUR/WE AND EUR/PGI TREASURY FOR TFFC, OFAC, AND OIA E.O. 12958: DECL: 06/24/2019 TAGS: PTER KTFN ETTC PGOV EFIN PREL PINR KJUS PHUM UNSC, EUN, KNNP, BE SUBJECT: SCENESETTER FOR OCTOBER SEMINAR ON UN TARGETED SANCTIONS IN BRUSSELS REF: BRUSSELS 697 BRUSSELS 00001363 001.3 OF 003 Classified By: Acting Charge Richard M. Eason for reasons 1.4 (B) and ( D). ¶1. (C//NF) Summary: In preparation for the Belgian-hosted UN Targeted Sanctions Seminar of Like-Minded Countries, post provides the following information on Belgian attitudes toward reform of 1267 sanctions and other counterterrorism (CT) issues. This is in part based on Treasury Assistant Secretary for Terrorist Financing David Cohen's discussion of CT issues on June 24 with Belgian MFA Counterterrorism Coordinator Thomas Baekelandt. As a member of the Group of Like-Minded countries, Belgium is engaged in discussions to find a way to modify the UNSCR 1267 counterterrorist sanctions procedures that would address European court concerns with targeted persons' fundamental rights while not unnecessarily interfering with the UN designation process. As stated by A/S Cohen, amendments to the 1267 committee procedures, including those found in UNSCR 1822, should already have addressed many of the Like-Minded Countries' concerns. Baekelandt said he did not expect Belgium would approach its upcoming EU presidency during the second half of 2010 with a pre-set list of counterterrorism initiatives, but would respond to the challenges as they arise. End Summary. UN CounterTerrorism Sanctions Reform: Like-Minded Group -------------- -------------- ¶2. (C//NF) On October 15-16, a delegation of Treaury and State Department officials will attend a Belgian-hosted seminar on how to improve UN targeted sanctions on terrorist individuals and organizations and their supporters. the meeting will be chaired by Thomas Baekelandt, Belgian MFA Counterterrorism coordinator. As the MFA's CT Coordinator, Baekelandt spends half of his time working with his UN department colleagues on 1267 issues as well as the EU's separate autonomous terrorist sanctions designation process. He also addresses human rights issues that arise in the fight against terrorism, and has been involved in resettlement of Guantanamo detainees. He meets regularly with embassies that are engaged on CT issues, especially those of the U.S., Sri Lanka, and Turkey. Baekelandt spends the other half of his time liaising with CT experts in Belgium from other agencies and ministries. Belgium has no CIA equivalent, its only foreign intelligence units are in the military and are deployed in Afghanistan for force protection. They have an intelligence agency, the Surete, that works on internal security. Baekelandt serves as a window to the external world for his police and prosecutor colleagues concerned with local terrorism. He works with other colleagues on weapons proliferation, chemical, biological, radiological and nuclear weapons, and crisis response. He advises Belgium's Financial Intelligence Unit on Iranian terrorist financing. ¶3. (C//NF) The GOB is an active member of the group of like-minded countries (the Group) that seeks modification of UN 1267 sanctions committee procedures. As a recent president of the sanctions committee and UNSC member through the end of 2008, Belgium does not wish to undermine the Security Council's authority. It believes the UNSC is the only multilateral authority that should have the power to target and enforce multilateral economic sanctions against member countries or individuals. Baekeland hopes the Group can make suggestions that maintain UNSC prerogatives while at the same time responding to rulings of European courts, including the European Court of Justice (ECJ). These courts have criticized the 1267 process and other UNSC and EU listing procedures on due process grounds. He said the Swiss/Liechtenstein plan to add a right of appeal is not viable, as it fails to address the P5's concerns. It "might be right in legal terms, but not politically," he has said. "If you know the P5, this will never fly." Baekelandt said the Germans and the Dutch had similar "realistic" positions to the Belgians. Like the Belgians, they believe some kind BRUSSELS 00001363 002 OF 003 of reforms beyond UNSCR 1822 are necessary to meet the European courts' concerns. The EU courts seem to clearly want a review system based at the UN in New York, that would be triggered either by requests or on a regular schedule. ¶4. (C//NF) The Group has not abandoned the idea of an independent review panel for UNSC designations. According to Baekelandt, as expressed to Treasury A/S Cohen in June, the idea is to establish a "double trigger" mechanism, so listings would be checked twice. An initial listing would require an immediate freeze to prevent asset liquidation. Then, the designee would have one to two months to submit a response to the UN. Such a step would allow the designee a response and defense while the freeze remains in place. If the designee's response is deemed to justify a delisting, it could take place quickly. Otherwise, after the review period, the listing would continue. The most important questions in creating any review body would be its membership and whether its decisions would be binding. Baekelandt suggests outgoing members of the Security Council or staff from the 1267 Monitoring Team as possible members of such a body. He said in June that the Group would consult the P5 and others in New York with its updated nonpaper. ¶5. (C//NF) To advance the dialogue, Belgium offered to host the October 15-16 meeting in Brussels. Baekelandt and Belgium gauge that the U.S. is open to hearing some new ideas. In June, he told A/S Cohen that the UK only listened to the Group out of courtesy. but has been more amenable to discussion lately. The French are impossible to talk to, he said, and the Chinese are completely mysterious. The Russians are "very hard" to talk to about due process, because they have weak courts and no real concept of "independent review." ¶6. (C//NF) In June, A/S Cohen told Baekelandt that the U.S. appreciated Belgium's leadership on the UN 1267 committee. He added that the U.S. is interested in working with Belgium and other countries to find a solution that ensures the Security Council is able to function efficiently and effectively while addressing the ECJ's concerns. He stressed the need to better publicize UNSCR 1822's recent reforms, and expressed the view that many of the reforms, once implemented, will adequately address some of the ECJ concerns. CT/Security Priorities:Iran, DPRK, Africa, Sri Lanka -------------- -------------- ¶7. (C//NF) In June, A/S Cohen shared U.S. concern with Iran on a wide range of challenges besides the 167 process. He noted Iran's nuclear weapons programs and its support for terrorism. He also flagged U.S. efforts to press for full implementation of the measures called for in UNSCR 1874 on North Korea. Baekelandt said the EU is concerned about the terrorism threat emanating from the Sahel nations from Mauritania through Algeria. After the EU's Schengen Zone expansion, EU member states are increasingly concerned about spillover from one country to the next. He said that Somalia remains a "black box, but the pirates do not seem to be linked to terrorism, yet." South America is not on Europe's radar. Baekelandt did not offer a list of CT priorities Belgium would pursue during its EU presidency the second half of 2010, and he predicted advance planning on such issues would be "light." He noted with irony that Belgium last held the EU Presidency on 9/11. Under their chairmanship the Council's Terrorism Working Group had voted to eliminate the EU Counter-Terrorism Coordinator on September 10, 2001. Thus Belgium is now aiming to be flexible and responsive to current events during its next term as President. Belgium is concerned about privacy related issues in relation to passenger data (HSPD-6) and the Visa Waiver Program. (Note: The Transportation Security Center, along with State Consular Affairs and DHS, are aware of Belgian concerns about privacy protection and are addressing them in the EU context in both Washington and Brussels. End Note.) Baekelandt is BRUSSELS 00001363 003 OF 003 indirectly working on the Terrorist Finance Tracking Program and SWIFT issues, which he beliieves must "keep working as well as possible." EASON .