US embassy cable - 05VIENNA474

UNCLAS VIENNA 000474 
 
SIPDIS 
 
STATE FOR EB/ESC/TFS, S/CT, INL/C, EUR/PGI, EUR/ERA 
TREASURY FOR TFFC AND OFAC 
JUSTICE FOR CRM/AFMLS 
 
E.O. 12958: N/A 
TAGS: EFIN, KTFN, PGOV, PTER, AU, EUN 
SUBJECT: TERRORISM FINANCE: IDENTIFYING DESIGNATION 
AUTHORITIES - AUSTRIA 
 
REF:  STATE 28352 
 
1.  Below are the answers to reftel questions regarding 
Austria's designation mechanisms and authorities. 
 
National Authority to Implement Sanctions 
----------------------------------------- 
 
2.   UN Security Council resolutions are generally 
reflected in EU Council regulations, which in Austria, as 
a EU member country, are directly and immediately 
applicable.  The GOA's legal ability to block terrorist- 
related assets is based on UNSCRs and EU regulations. 
UNSCR 1267 is reflected in EU Council Regulation 881 of 
May 27, 2002, as amended, and thus directly applicable in 
Austria. 
 
3.  Resolution 1373 is reflected in EU Council Regulation 
2580 of December 27, 2001, as amended.  Regulation 2580 
is directed at non-EU citizens (note:  the EU Council has 
no competency for EU citizens in this area) and has been 
implemented through Austrian National Bank (ANB) official 
announcements, including official announcement DL 2/2002 
of September 2, 2002 titled "Amendment to Official 
Announcement DL 2/91; UN Security Resolution No. 1373 
(2001)."  Last amendment of DL 2/2002 was official 
announcement DL 2/2004 of October 16, 2004.  The ANB's 
official announcements are based on the Austrian Foreign 
Exchange Act of 2003 (Federal Law Gazette I/123 of 
December 16, 2003). 
 
4. As directly applicable law, EU Council Regulations 
serve as sufficient legal basis for commercial banks to 
freeze assets of individuals and organizations.  Banks 
have to report their actions to the ANB, which on such 
issues closely cooperates with the Interior Ministry's 
intelligence agency, the Office for Protection of the 
Constitution and Counterterrorism (BVT). 
 
Austrian Authority Authorizing and Transmitting National 
Positions 
--------------------------------------------- ----------- 
 
5.  The Austrian authority authorizing and transmitting 
national positions regarding individuals and entities 
proposed for listing by the EU clearing house mechanism 
is the Austrian Federal Ministry for Foreign Affairs 
(MFA), in agreement with Interior Ministry's intelligence 
agency, the BVT. 
 
BROWN