US embassy cable - 05DUBLIN222

UNCLAS DUBLIN 000222 
 
SIPDIS 
 
EB/ESC/TFS 
S/CT 
INL/C 
EUR/PGI 
EUR/ERA 
TREASURY FOR TFFC, OFAC 
JUSTICE FOR CRM/AFMLS 
 
E.O. 12958: N/A 
TAGS: EFIN, KTFN, PGOV, PTER, EUN 
SUBJECT: TERRORISM FINANCE - IDENTIFYING DESIGNATION 
AUTHORITIES IN IRELAND 
 
REF: A. STATE 28352 
     B. 04 DUBLIN 01367 
 
1.  Summary:  Per reftel's request on Ireland's designation 
mechanisms and authorities, Ireland's authority in combating 
terrorism financing rests with the Departments of Foreign 
Affairs, Justice and Finance.  Under the auspices of Finance, 
the Central Bank of Ireland plays a key role in monitoring 
the freezing of assets, but the individual banks bear most of 
the burden of complying with UN and/or EU designations.  End 
Summary. 
 
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Designation Authorities and Mechanisms 
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2.  The competent authorities in combating terrorism 
financing in Ireland are the Central Bank of Ireland, under 
the auspices of the Department of Finance (DOF), and the 
Departments of Justice (DOJ) and Foreign Affairs (DFA).  In 
regards to transnational terrorist assets, Ireland currently 
can only freeze bank accounts of groups designated by the UN 
1267/1373 Sanctions Committees or the EU Clearinghouse, but 
shortly will pass new legislation, which will give it direct 
authority to freeze assets (see para 3).  EU designation has 
immediate legal effect in Ireland, but may take up to two 
weeks for compliance. 
 
--The Department of Foreign Affairs is responsible for 
transmitting the 1267 and 1373 designations of the UN 
Security  Council, as well as the EU Clearinghouse designees 
to the Central Bank of Ireland and the Departments of Finance 
and Justice.  DFA representatives also attend EU 
Clearinghouse meetings to represent the GOI in voting. 
 
--The Department of Finance/Central Bank notify individual 
banks to be on the alert for suspicious transactions, 
accounts, and assets.  The DOF issues legal penalties to the 
individual banks for not complying with UN Resolutions and 
any bank found in violation may be referred to the office of 
the Director of Public Prosecutions.  The Central Bank's main 
role is that of monitoring the freezing of assets and 
ensuring requisite seizures take place. 
 
--The real onus is on the individual banks.  Under penalty of 
law, banks must immediately freeze assets of designees and 
then report these seizures to the Central Bank. 
 
--The Department of Justice may request surveillance and 
investigation of individuals designated by the Sanctions 
Committees or Clearinghouse. 
 
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Pending Legislation - Criminal Justice and Terrorist Offenses 
Bill 
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3. When the Criminal Justice and Terrorist Offenses Bill of 
2002 is passed, it will give the GOI the direct authority to 
freeze assets of suspected terrorist and terrorism finance 
groups.  Current legislation stipulates freezing only when 
assets are the proceeds of a crime.  The new law will extend 
to cover suspicions of assets that will be used to commit a 
future crime or terrorist act.  The legislation has been 
delayed for two years because it contains three distinct 
parts - one dealing with terrorism financing, one dealing 
with ratifying language for an EU terrorist directive,  and 
one dealing with several other UN terrorism conventions.  The 
Bill recently was amended to include new data retention 
language and is currently passing from the Upper House of 
Parliament back to the Lower House for a final review.  It 
will then proceed to the desk of the President, who is 
expected to sign it into law.  Once signed into law, the GOI 
will begin procedures to adopt the four remaining UN 
Conventions/Protocols on terrorism. 
KENNY