US embassy cable - 05DUBLIN1203

C O N F I D E N T I A L DUBLIN 001203 
 
SIPDIS 
 
E.O. 12958: DECL: 10/27/2014 
TAGS: EFIN, KTFN, KPAO, PREL, PGOV, PTER, EUN 
SUBJECT: IRELAND PREFERS EU DESIGNATION MECHANISM 
 
REF: SECSTATE 172518 
 
Classified By: POL/ECON CHIEF MARY DALY, FOR REASONS 1.4 (B), (D) 
 
1.(C)  On September 26, emboff spoke with Department of 
Foreign Affairs UN/Terrorism and Illicit Drugs section First 
Secretary Maurice Biggar regarding reftel points.  Biggar 
 
SIPDIS 
relayed that Ireland is pleased with the September 21 ruling 
of the European Court of First Instance (ECI) that the EU has 
the right to freeze assets of people on the UN list of 
suspected terrorists. 
 
2. (C)  Per reftel's request for an assessment on designation 
procedures, Biggar said that the EU current mechanism for 
implementing sanctions under UNSCRs 1267 and 1373 is 
efficient and effective.  It is as follows: 
 
--UN 1267 Designations 
 
Once the UN 1267 Sanctions Committee designates an individual 
or group as having ties to Osama Bin Laden, Al-Qaeda, or the 
Taliban, the EU automatically adopts a designation for its 
Member States.  According to Biggar, the process takes about 
three days and the implementations are binding on Member 
States. 
 
--UN 1373 Designations 
 
Biggar, the Irish delegate to the Counterterrorism Committee 
(COTER), said that the GOI is well aware of its obligations 
to block terrorist funds under UNSCR 1373, and he argues that 
implementation of this resolution is much more effective at 
the EU level vice at the national level.  At the national 
level, Ireland can freeze assets of terrorism suspects only 
if senior police officials can convince judges that funds 
used by suspects are proceeds of terrorism finance.  He added 
that information in such cases may be required from outside 
sources, indicating a dependence upon intelligence from other 
countries.  However, at the EU level, Member States decide on 
designations according to EU Common Position 931, the EU 
legal basis for freezing terrorism assets.  Biggar said that 
Ireland supports the current EU Clearinghouse method, because 
it is an effective way of sharing information on individual 
terrorism suspects or groups.  Once a person or group is 
listed by the Clearinghouse, Biggar said that Ireland is 
bound by UN 1373 to seize assets, and may do so under the 
legal umbrella provided by the EU. 
KENNY