NORWEGIAN TERRORISM FINANCE PREVENTION PROCEDURES

UNCLAS OSLO 000444 SENSITIVE SIPDIS FOR EEB/ESC/TFS (LINDA RECHT) E.O. 12958: N/A TAGS: EFIN KTFN PTER ETTC PHUM EAID NO SUBJECT: NORWEGIAN TERRORISM FINANCE PREVENTION PROCEDURES REF: STATE 70271 ¶1. (SBU) Poloff delivered reftel demarche to Anniken Enersen, Senior Advisor in the MFA legal section. Enersen explained that while 1267 sanctions committee names are quasi-automatically incorporated into Norwegian law (after administrative entry done by the MFA),our independent naming of E.O. 13224 individuals does have a significant effect, as detailed below. ¶2. (SBU) The MFA forwards our names to relevant ministries and offices, for example, Finance, Justice, and Banking Regulation ("Kredittilsynet"). Our alerts ultimately make their way to banks, which add them to their watchlists. Whereas individuals explicitly named by the 1267 committee are clearly persons whose assets must be frozen according to Norwegian law, section 147(b) of the General Civil Penal Code contains a general prohibition on making funds, assets, or financial services available to a terrorist. Who is a "terrorist" is determined on a case-by-case basis in a court. While our own designations of terrorists are not legally controlling in Norway, they therefore have a chilling effect on Norwegian financial institutions' behavior, as they serve as strong indicators of what is likely illegal under Norwegian law. JOHNSON