US embassy cable - 01ABUJA2841

UNCLAS SECTION 01 OF 02 ABUJA 002841 
 
SIPDIS 
 
 
E.O. 12958: N/A 
TAGS: ETTC, EFIN, PTER, NI 
SUBJECT: NIGERIAN EFFORTS TO FREEZE TERRORIST ASSETS 
 
REF: (A) STATE 185882 (B) ABUJA 2793 
 
 
Post provides the following responses to reftel questionnaire: 
 
 
A. President Obasanjo has issued a statement of support for 
the global coalition against terrorism.  On October 8, the 
Central Bank of Nigeria (CBN) issued a Circular directing all 
financial institutions in Nigeria to identify accounts 
connected to terrorists identified in Executive Order 13224. 
Another Circular was issued October 17 to include the 
terrorists identified by the Departments of State and 
Treasury on October 12. 
 
 
B. Yes, the CBN issued the order on October 8, 2001. 
 
 
C. No terrorist-related assets have been identified as of 
November 2. 
 
 
D. (i) Nigerian domestic law does not require an UNSCR as a 
prerequisite to freezing financial assets in Nigeria. 
(ii) N/A 
(iii) No action by a multilateral body is required to freeze 
financial assets. 
(iv) Specific anti-terrorism legislation does not currently 
exist in Nigeria.  Draft legislation containing specific 
reference to terrorism, is pending approval by the Executive 
Council (equivalent to the U.S. Cabinet).  An interagency 
committee comprised of officials from the Presidency, Federal 
Ministry of Justice, Central Bank of Nigeria, National Drug 
Law Enforcement Agency and the Federal Ministry of Foreign 
Affairs has been established to revise existing legislation 
and implement UNSCRs 1267, 1333, 1368.  Even without the new 
legislation, CBN Deputy Governor for International Operations 
reported that the NDLEA Decree of 1989 and the Money 
Laundering Decree of 1995 provide sufficient basis for 
freezing terrorist-related assets.  The CBN can also freeze 
accounts based on the order of a court of competent 
jurisdiction. 
 
 
E. UNSCRs require domestic legislative and executive action 
to make them effective. 
 
 
F. The NDLEA Decree of 1989 and the Money Laundering Decree 
of 1995 provide sufficient basis for freezing 
terrorist-related assets.  The CBN can also freeze accounts 
based on a court order. 
 
 
G. According to CBN Deputy Governor Ebi, yes, the legal 
authority for a simultaneous freeze exists.  However, the 
decision is ultimately political and would need to come from 
President Obasanjo himself, Ebi states. 
 
 
H. GON has pledged to cooperate fully in preventing 
terrorists access to financial assets in accordance with 
UNSCR 1267.  The CBN has required all banks to identify and 
report on accounts held by terrorist entities pursuant to 
September 23 Executive Order and subsequent designations by 
Secretaries of State and Treasury.  As of November 3, 50 
 
SIPDIS 
banks had reported to the Central Bank. No accounts have been 
identified. 
 
 
I. Same as above (H). 
 
 
J. GON has not reported any difficulties with implementation 
of UNSCR 1373.  It is noteworthy that the President, Vice 
President, CBN Governor and key Ministers have all offered 
full support in the fight against terrorism.  Draft 
legislation (reported Ref B) criminalizes the financing of 
terrorist organizations, but fails to identify terrorism or 
terrorist groups. 
 
 
K.  Yes, the GON has agreed to freeze assets of the full list 
of 39 persons. 
 
 
L. (i) According to CBN Deputy Governor Ebi, there are no 
legal restrictions with sharing financial account information 
with foreign authorities.  Ebi has offered Embassy officers 
full disclosure of all CBN files relating to its 
investigation into terrorist accounts. 
(ii) N/A 
 
 
M. Federal Ministry of Justice recently completed draft 
legislation to combat money laundering, financial crimes and 
terrorism.  RNLEO MARK Taylor will carry copies of the draft 
legislation to Washington the week of November 5. 
 
 
N. No GON agency is specifically tasked with implementing UN 
Security Council resolutions.  It is likely that the GON does 
not monitor most UNSCRs.  However, if the decision to 
implement a UNSCR were made, the Federal Ministries of 
Foreign Affairs and Justice would hold primary 
responsibility.  Draft legislation, as described Ref B, 
establishes a Financial Crimes Commission, which might 
subsume responsibility for implementation of UNSCR 1267, 
1333, and 1373. 
 
 
O. As described in para M and N above, draft legislation is 
pending approval by the Federal Executive Council (equivalent 
to U.S. Cabinet).  The legislation would then require 
ratification by the National Assembly. 
Andrews