Identifier
Created
Classification
Origin
09STATE69814
2009-07-06 22:43:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Secretary of State
Cable title:  

UN 1267 (AL-QAIDA/TALIBAN) SANCTIONS: RESULTS OF

Tags:  EFIN KTFN PREL PTER UNSC 
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TO EU MEMBER STATES COLLECTIVE IMMEDIATE
UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
RUEHAM/AMEMBASSY AMMAN IMMEDIATE 2353
RUEHGB/AMEMBASSY BAGHDAD IMMEDIATE 7020
RUEHSW/AMEMBASSY BERN IMMEDIATE 6097
RUEHEG/AMEMBASSY CAIRO IMMEDIATE 2069
RUEHBY/AMEMBASSY CANBERRA IMMEDIATE 4609
RUEHDM/AMEMBASSY DAMASCUS IMMEDIATE 7373
RUEHML/AMEMBASSY MANILA IMMEDIATE 1563
RUEHBH/AMEMBASSY NASSAU IMMEDIATE 4813
RUEHRB/AMEMBASSY RABAT IMMEDIATE 7432
RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 6766
INFO RUEATRS/TREASURY DEPT WASHINGTON DC 0532
UNCLAS SECTION 01 OF 06 STATE 069814 

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: EFIN KTFN PREL PTER UNSC
SUBJECT: UN 1267 (AL-QAIDA/TALIBAN) SANCTIONS: RESULTS OF
USG REVIEW OF TRANCHE 1 AND 2 NAMES PURSUANT TO PARAGRAPH
25 OF RESOLUTION 1822

REF: 08 USUN 000640

UNCLAS SECTION 01 OF 06 STATE 069814

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: EFIN KTFN PREL PTER UNSC
SUBJECT: UN 1267 (AL-QAIDA/TALIBAN) SANCTIONS: RESULTS OF
USG REVIEW OF TRANCHE 1 AND 2 NAMES PURSUANT TO PARAGRAPH
25 OF RESOLUTION 1822

REF: 08 USUN 000640


1. (U) This is an action request. Please see paragraphs 6-20.

--------------
SUMMARY AND OBJECTIVES
--------------

2. (SBU) The United States Government is in the final stages
of reviewing the first two tranches of names circulated by
the UN (al-Qaida/Taliban Sanctions) Committee chair in
furtherance of the committee's work toward completing a
comprehensive review by June 2010 of the UN 1267 Consolidated
List, as mandated in paragraph 25 of UNSCR 1822. Department
would like at this time to share with EU and other partner
nations key findings of our review, and to advise them that
we would welcome their providing any additional information
that might be relevant to the United States Government,s
review. We ask that any such information be shared with us
as soon as possible (but no later than July 13) so that we
may update the committee (by July 15) on the results of our
review of the first two tranches of names pursuant to
paragraph 25 of UNSCR 1822.


3. (SBU) Department also wishes to convey to partner nations
the following points in discussing these listings:

- the seriousness with which the USG is taking its
obligations pursuant to resolution 1822;
- our hope that the results of our review of the first two
tranches will demonstrate our resolve to ensure meaningful
review of the sanctions list;
- our commitment to ensure fairness and transparency in the
implementation of sanctions;
- our view that the comprehensive review of the sanctions
list is not simply a de-listing exercise, but that the USG
has taken this opportunity to thoroughly review our files
and, to the best of our ability, ensure that the listings we
continue to support remain appropriate;
- the fact that we anticipate requesting or supporting
de-listing of names from the 1267 Consolidated List on a
rolling basis as the review proceeds;
- at this time, out of the 81 names circulated under tranches
1 and 2 that the USG originally sponsored or co-sponsored,
the USG expects to sponsor or co-sponsor delisting of 12
names (8 individuals, 4 entities).

--------------
BACKGROUND
--------------

4. (U) In order to ensure that the sanctions under UNSCR 1267
are implemented as fairly and transparently as possible, the
Council made several changes to the regime in resolution
1822, adopted in June 2008. These measures include:
requiring states that request new listings to provide
information that may be released to the public on the
proposed party's association with al-Qaida or the Taliban;
requiring the committee to make available on its website a
narrative summary of the reasons for listing for each
individual and entity on the Consolidated List; and
strengthening the call on states to properly notify parties
when they are listed for sanctions. The Council also
required the Committee to
review by June 2010 every entry on the Consolidated List at
the time of the adoption of UNSCR 1822 (June 2008) to ensure
that each entry on the list remains appropriate and is as
accurate as possible. Furthermore, at the completion of this
comprehensive review, the committee going forward now must
review on an annual basis each entry that has not been
reviewed in three or more years.


5. (U) The entire text of UNSCR 1822 can be reviewed in
reftel, or easily accessed on-line via the UN 1267 Committee
website, located at
http://www.un.org/sc/committees/1267/index.sh tml. For ease

STATE 00069814 002 OF 006

SUBJECT: UN 1267 (AL-QAIDA/TALIBAN) SANCTIONS: RESULTS OF
USG REVIEW OF TRANCHE 1 AND 2 NAMES PURSUANT TO PARAGRAPH
25 OF RESOLUTION 18
of reference, however, paragraph 25, which mandates the
committee comprehensively review each entry on the sanctions
list at the time of adoption of resolution 1822, is copied
below.


25. "Directs the Committee to conduct a review of all names
On the Consolidated List at the date of adoption of this
resolution by June 30, 2010 in which the relevant names are
circulated to the designating states and states of
residence and/or citizenship, where known, pursuant to the
procedures
set forth in the Committee guidelines, in order to ensure
the Consolidated List is as updated and accurate as possible
and to confirm that listing remains appropriate";

--------------
ACTION REQUEST
--------------

6. (U) All Action Addressees: All action addresses are
requested to share as soon as possible at the highest
appropriate level the results of our review pursuant to
paragraph 25 of UNSCR 1822 for the first two tranches of
names circulated by the UN 1267 Committee Chairman. Inform
partner nations that the USG views each case as unique, and
that we consider a variety of factors in reaching a decision
on whether to support maintaining a listing or to support
delisting, including the nature of activities that led to the
original listing, the adequacy of identifiers, the
credibility of any information regarding the listed person,s
death, and the nature of any additional reporting that
becomes available on a listed individual or entity following
that individual,s/entity,s listing.


7. (U) Action addresses are further requested to inform
partner nations that: In December 2008, the UN 1267
Committee chair circulated the first tranche of names to be
reviewed by the committee. In tranche 1, out of a total of
52 names, the USG was responsible for reviewing the 42 names
(23 individuals and 19 entities) for which it had sponsored
or co-sponsored the listing. The USG has reviewed these 42
names pursuant to the factors outlined above, and is prepared
to seek (or support another Member States' proposal to seek)
de-listing for the following 2 individuals and 4 entities
from this tranche:

(U) Ali Ghaleb HIMMAT (UN Permanent Reference Number
QI.E.43.01) - Designated by the US on November 7, 2001 and
added to the UN Consolidated List on November 9, 2001. See
(http://www.treas.gov/press/releases/po3380.h tm) for further
details regarding the designation.

(U) Youssef Mustapha NADA Ebada (UN Permanent Reference
Number QI.E.53.01) - Designated by the US on November 7, 2001
and added to the UN Consolidated List on November 9, 2001.
See (http://www.treas.gov/press/releases/po3380.h tm) for
further details regarding the designation.

(U) BARAKAAT INTERNATIONAL FOUNDATION (UN permanent reference
number QE.B.39.01) - Designated by the U.S. under E.O. 13224
on November 7, 2001 and added to the UNSCR 1267 Consolidated
List on November 9, 2001). See
(http://www.treas.gov/press/releases/reports/ js721.pdf) for
further details regarding the designation.

(U) BARAKAAT INTERNATIONAL (UN permanent reference number
QE.B.38.01) - Designated by the U.S. under E.O. 13224 on
November 7, 2001 and added to the UNSCR 1267 Consolidated
List on November 9, 2001. See
(http://www.treas.gov/press/releases/reports/ js721.pdf) for
further details regarding the designation.

(U) NADA MANAGEMENT ORGANIZATION SA (UN Permanent Reference
Number QE.N.58.01) (NADA MANAGEMENT) - Designated by the US
on November 7, 2001, and added to the UNSCR 1267 Consolidated
List on November 9, 2001. See
(http://www.treas.gov/press/releases/po771.ht m) for further
details regarding the designation.

(U) BANK AL-TAQWA Ltd. (UN Permanent Reference Number
QE.B.34.01) - Designated by the U.S. on November 7, 2001 and

STATE 00069814 003 OF 006


2001. See (http://www.treas.gov/press/releases/po3380.h tm)
for further details regarding the designation.


8. (U) In February 2009, the UN 1267 Committee chair
circulated the second tranche of names to be reviewed by the
committee pursuant to paragraph 25 of UNSCR 1822. In tranche
2, out of a total of 106 names (93 individuals and
13 entities),the USG was responsible for reviewing the 39
names (30 individuals and 9 entities) for which it had
sponsored or co-sponsored the listing. The USG has reviewed
these 39 names pursuant to the factors outlined above, and is
prepared to seek (or support another Member States' proposal
to seek) de-listing for the following 6 individuals from this
tranche:

(U) Sulayman Khalid DARWISH (UN permanent reference number
QI.D.183.05) - Designated by the U.S. under E.O. 13224 on
January 25, 2005 and added to the UNSCR 1267 Consolidated
List on September 28, 2005. See
(http://www.treas.gov/press/releases/js2206.h tm) for further
details regarding the designation.

(U) Nasr Fahmi Nasr HASSANNEIN (Muhammad Salah) (UN permanent
reference number QI.H.16.01) - Designated under E.O. 13224 on
September 23, 2001 and added to the UNSCR 1267 Consolidated
List on October 6, 2001. No press release available.

(U) Khadafi Abubakar JANJALANI (UN Permanent Reference Number
QI.J.180.04) - Designated by the US on December 17, 2004 and
added to the UN Consolidated List on December 22, 2004. See
(http://www.treas.gov/press/releases/js2157.h tm) for further
details regarding the designation.

(U) Mohamed MOUMOU (UN permanent reference number
QI.M.227.06) - Designated by the U.S. under E.O. 13224 and
added to the UNSCR 1267 Consolidated List on December 7,

2006. See (http://www.treas.gov/press/releases/hp191.ht m)
for further details regarding the designation.

(U) Jainal Antel SALI Jr. (UN Permanent Reference Number
QI.S.209.05) - Designated by the US on November 30, 2005 and
added to the UN Consolidated List on December 6, 2005. See
(http://www.treas.gov/press/releases/js3027.h tm) for further
details regarding the designation.

(U) ZIA Mohammad (UN Permanent Reference Number QI.M.32.01) -
designated by the US on October 12, 2001 and added to the UN
Consolidated List on October 17, 2001. No press release
available.


9. (U) Embassy London: In addition to the information
included in paragraphs 6-8, Embassy London should share the
following information on names of interest to the UK which we
are likely to support or propose for delisting:

Mohamed Moumou - We assess that Moumou was killed in Iraq,
and we therefore plan to indicate to the UN 1267 Committee
our support for his removal from the Consolidated List.


10. (SBU) Embassy Rome: In addition to the information
included in paragraphs 6-8, Embassy Rome should share the
following information on names of interest to Italy which we
are likely to support or propose for delisting:

Youssef Mustapha NADA Ebada - While the information available
to the USG at the time of the designation provided a basis
for listing under the relevant UNSCR, after careful review
pursuant to paragraph 25 of UNSCR 1822 and based on the
factors described above, we are of the view that
circumstances no longer warrant maintaining NADA,s listing
on the 1267 Consolidated List. However, we plan to retain
him on our domestic terrorism list, because we believe that
circumstances continue to warrant maintaining his listing
under the broader criteria of our domestic authorities.

NADA MANAGEMENT ORGANIZATION SA - After careful review
pursuant to paragraph 25 of UNSCR 1822 based on the guiding
principles and factors described above, circumstances no
longer warrant maintaining NADA MANAGEMENT ORGANIZATION SA,s

STATE 00069814 004 OF 006


BANK AL-TAQWA Ltd. - After careful review pursuant to
paragraph 25 of UNSCR 1822 based on the guiding principles
and factors described above, circumstances no longer warrant
maintaining BANK AL-TAQWA,s listing on the 1267 Consolidated
List.

Ali Ghaleb HIMMAT - After careful review pursuant to
paragraph 25 of UNSCR 1822 based on the guiding principles
and factors described above, circumstances no longer warrant
maintaining HIMMAT,s listing on the 1267 Consolidated List.

Rachid FETTAR - We learned recently that the Government of
Italy has indicated support for Fettar's continued listing.
After careful review, we do not plan to recommend FETTAR,s
de-listing, but would greatly appreciate any additional
information the GOI could provide to us on Fettar.


11. (SBU) Embassy Stockholm: In addition to the information
included in paragraphs 6-8, Embassy Stockholm should share
the following information on names of interest to Sweden
which we are likely to support or propose for de-listing.

Sweden has one 1267-listed national (Mohammed Moumou) and one
entity (Barakaat International Foundation) based in
Sweden that we plan to support for de-listing. We note that
Sweden has already indicated it does not support maintenance
of Barakaat International Foundation on the UN 1267
Consolidated List and would like to know if the GOS intends
to file a formal de-listing petition that we would be
prepared to support. Sweden may also be interested to learn,
in particular, that we also intend to support removal of
Barakaat International and Mohamed Moumou, whom we assess was
killed in Iraq. As he is deceased, we plan to support his
removal from the UN 1267 Consolidated List.


12. (U) Embassies Manila and Canberra: In addition to the
information included in paragraphs 6-8, Embassies Manila and
Canberra should share the following information on names of
interest to the Philippines and Australia which we are
likely to support or propose for delisting:

Khadafi Abubakar JANJALANI - We assess Janjalani was killed
in the Philippines. As he is deceased, we plan to support his
removal from the UN 1267 Consolidated List.

Jainal Antel SALI Jr. - We assess that Sali was killed in

2007. As he is deceased, we plan to support his removal from
the UN 1267 Consolidated List.


13. (U) Embassy Cairo: In addition to the information
provided in paragraphs 6-8, Embassy Cairo should share the
following information on names of interest to Egypt:

Youssef Mustapha NADA Ebada and Ali Ghaleb HIMMAT - While the
information available to the USG at the time of the
designation provided a basis for listing NADA and HIMMAT
under the relevant UNSCR, after careful review pursuant to
paragraph 25 of UNSCR 1822 and based on the guiding factors
described above, we are of the view that circumstances no
longer warrant maintaining NADA,s and HIMMAT,s listings on
the 1267 Consolidated List. We note that according to press
reports in 2007 and 2008, NADA and HIMMAT were convicted in
absentia in Egypt on charges of financing terrorism. We would
appreciate any additional information Egypt can provide on
their terrorism financing activities.


14. (U) Embassy Islamabad: In addition to the information
included in paragraphs 6-8, Embassy Islamabad should share
the following information on names of interest to Pakistan
which we are likely to support or propose for delisting:

Zia Mohammad - His last known whereabouts was listed as
Peshawar, Pakistan. Zia Mohammad's entry on the Consolidated
List lacks biographic identifiers, making it very difficult
to implement sanctions against him. After careful review
pursuant to paragraph 25 of UNSCR 1822 based on the guiding
principles and factors described above, circumstances no
longer warrant maintaining MOHAMMAD,s listing on the 1267

STATE 00069814 005 OF 006

SUBJECT: UN 1267 (AL-QAIDA/TALIBAN) SANCTIONS: RESULTS OF
USG REVIEW OF TRANCHE 1 AND 2 NAMES PURSUANT TO PARAGRAPH
25 OF RESOLUTION 18
Consolidated List. We would be grateful if the GOP could let
as know as soon as possible if it has any additional
information on this individual relevant to our review of his
case pursuant to paragraph 25 of UNSCR 1822.


15. (U) Embassy Damascus: In addition to the information
included in paragraphs 6-8, Embassy Damascus should give
special attention to information related to Sulayman Khalid
Darwish, a Syrian national whom we assess was killed in Iraq.
The Governments of Jordan, Iraq, Syria and the United States
sponsored Darwish's January 28, 2005 listing. As Darwish is
deceased, we plan to support his removal from the UN 1267
Consolidated List.


16. (U) Embassy Rabat: In addition to the information
included in paragraphs 6-8, Embassy Rabat should share the
following information on names of interest to Morocco which
we are likely to support or propose for delisting. We assess
that Mohamed Moumou, a dual Moroccan/Swedish national born in
Morocco, was killed in Iraq. As he is deceased, we plan to
support his removal from the UN 1267 Consolidated List.


17. (SBU) Embassy Bern: In addition to the information
included in paragraphs 6-8, Embassy Bern should share the
following information on names of interest to Switzerland
which we are likely to support or propose for delisting.
Youssef Mustapha NADA Ebada - While the information available
to the USG at the time of the designation provided a basis
for listing NADA under the relevant UNSCR, after careful
review pursuant to paragraph 25 of UNSCR 1822 based on the
factors described above, we are of the view that
circumstances no longer warrant maintaining NADA,s listing
on the 1267 Consolidated List. However, we plan to retain
him on our domestic terrorism list, because we believe that
circumstances continue to warrant maintaining his listing
under the broader criteria of our domestic authorities.

The Government of Switzerland will be interested in this case
because Mr. Nada is challenging before the European Court of
Human Rights Switzerland's implementation of the sanctions
(specifically, of the travel ban). The GOS will likely be
interested in knowing that we are likewise prepared to
support delisting two related entities, including NADA
MANAGEMENT ORGANIZATION SA (UN Permanent Reference Number
QE.N.58.01) (NADA MANAGEMENT),and BANK AL-TAQWA Ltd. (UN
Permanent Reference Number QE.B.34.01)

Due to our continued concerns about NADA, we would like to
know if NADA, NADA MANAGEMENT ORGANIZATION SA, or BANK
AL-TAQWA Ltd. has any assets blocked under Swiss
jurisdiction, and if so, we urge Switzerland to be cautious
that any unfrozen assets are not ultimately used to support
terrorist activities.


18. (U) Embassy Baghdad: In addition to the information
included in paragraphs 6-8, Embassy Baghdad should share the
following information on names of interest to Iraq which we
are likely to support or propose for delisting:

Mohamed Moumou - was known to have provided support to the
al-Zarqawi Network and to AQ. We assess that Moumou was
killed in Iraq. As he is deceased, we plan to support his
removal from the UN 1267 Consolidated List.

Sulayman Khalid DARWISH - We assess Darwish was killed in
Iraq. As he is deceased, we plan to support his removal from
the UN 1267 Consolidated List.


19. (U) Embassy Amman: In addition to the information
included in paragraphs 6-8, Embassy Amman should share the
following information on names of interest to Jordan which we
are likely to support or propose for delisting.
Sulayman Khalid DARWISH - We assess Darwish was killed in
Iraq. As he is deceased, we plan to support his removal from
the UN 1267 Consolidated List. The Governments of Jordan,
Iraq, Syria and the United States sponsored Darwish's January
28, 2005 listing.



20. (U) Embassy Nassau: In addition to the information

STATE 00069814 006 OF 006

SUBJECT: UN 1267 (AL-QAIDA/TALIBAN) SANCTIONS: RESULTS OF
USG REVIEW OF TRANCHE 1 AND 2 NAMES PURSUANT TO PARAGRAPH
25 OF RESOLUTION 18
included in paragraphs 6-8, Embassy Nassau should draw to the
attention of the GOB the results of our review pursuant to
paragraph 25 of UNSCR 1822 of BANK AL-TAQWA Ltd. (UN
Permanent Reference Number QE.B.34.01),which is listed as
having its headquarters in the Bahamas.

--------------
REPORTING DEADLINE AND POINT OF CONTACT
--------------

21. (U) Action addresses should report as soon as possible
(but no later than July 13) results of their engagement.


22. (U) Questions may be directed to IO/PSC (Erin
Crowe,202-736-7847).
CLINTON