US embassy cable - 04THEHAGUE1912

C O N F I D E N T I A L THE HAGUE 001912 
 
SIPDIS 
 
E.O. 12958: DECL: 07/29/2014 
TAGS: PTER, ETTC, ECON, EFIN, NL 
SUBJECT: IRAQ INSURGENT FINANCE: FOLLOWING UP ON DUTCH VIEWS 
 
REF: A) THE HAGUE 1837 B) STATE 153926 
 
Classified By: CLASSIFIED BY A/DCM RICHARD HUFF. 
REASONS 1.4 (B) AND (D) 
 
1.  (C)  As a follow up to initial GONL views reported in ref 
A, Wouter Jurgens, Senior Policy Advisor in the MFA's 
Political Affairs Department, provided econoff with reactions 
from the MFA's legal department to ref B talking points. 
Jurgens reiterated that the GONL remains interested in 
working with the U.S. on any initiatives that would help to 
protect allied forces in Iraq.  While noting the USG argument 
that the measures proposed in ref B could address a gap in 
current UN mechanisms by targeting individuals or groups that 
fund attacks on troops in Iraq (and not civilians and/or 
civilian targets), Jurgens said the MFA's legal department 
had argued that actions against such individuals or groups 
could be addressed under UNSCR 1267 or 1373.  The MFA's legal 
department, according to Jurgens, had argued that without a 
universally accepted definition of "terrorist," action could 
be taken against such individuals or groups under existing UN 
mechanisms. 
 
2.  (C)  Nonetheless, Jurgens said the MFA's legal department 
would be willing to explore the issue further if the U.S. 
decided to take further action on a executive order. 
National legislation on "Sanction Provision for the Duty to 
Report on Terrorism," enacted in 2002, provides authority to 
the Netherlands to identify, freeze, and seize terrorist 
finance assets.  However, burden of proof under these 
measures, Jurgens explained, is difficult, while action under 
UNSCR 1267 is obligatory. 
MINIMIZED CONSIDERED 
SOBEL