Consultation on terrorist asset freezing
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18 March 2010
The Treasury today launched a public consultation on the Terrorist
Asset-Freezing Bill, which was published in draft on 5 February 2010.
The consultation document sets out the Government’s approach to terrorist
asset freezing and its proposals for more permanent terrorist asset freezing
legislation.
This public consultation will play an important role in ensuring that the new
legislation is subject to proper scrutiny and that Parliament’s consideration of
the proposals in due course is informed by external views and evidence.
Exchequer Secretary to the Treasury, Sarah McCarthy-Fry said:
"Government’s asset freezing regime is a valuable tool for countering
terrorist activity. We are committed to maintaining an effective, proportionate
and fair terrorist asset freezing regime that meets UN obligations, protects
national security by disrupting flows of terrorist finance, and safeguards human
rights."
The consultation will close on 18 June 2010.
Notes
1. United Nations Security Council resolutions require the UK to implement
two terrorist asset freezing regimes:
- An asset freezing regime against Al-Qaida and the Taliban (established
under UNSCR 1267), where there is a central UN list of those subject to the
freeze and the asset freezes apply globally. This is implemented in the UK
through the Al-Qaida and Taliban (United Nations Measures) Order 2006.
- An asset freezing regime against individuals involved in terrorism
(established under UNSCR 1373), where there is no central UN list and
targeting is left to individual states, with the sanctions only applying
within their jurisdiction. This is implemented in the UK under the Terrorism
(United Nations Measures) Order 2009 and its preceding Orders made in 2001 and
2006.
2. These were implemented through Orders in Council made under the United
Nations Act 1946. Following the Supreme Court’s decision to quash the 2006
Order, and its indication that the 2009 Order was vulnerable to being quashed on
the same basis as the 2006 Order, the Terrorist Asset-Freezing (Temporary
Provisions) Act 2010 was passed on 10 February. The Act restores the validity
in law of the UK’s 1373 terrorist asset freezing regime until 31 December 2010,
providing time for proper scrutiny of more permanent legislation without
incurring a gap in our terrorist asset freezing regime that would have damaged
national security.
3. More permanent primary legislation is required to implement fully the UK’s
obligations under the 1373 terrorism regime and provide the Government with the
power to take national decisions to freeze the assets of domestic terrorist
suspects.
4. The consultation document sets out the Government’s approach to terrorist
asset freezing and its proposals for more permanent legislation.
5. The Consultation will close in three months time on 18 June 2010.
6. Responses should be sent to:
Asset Freezing Unit
HM Treasury, 3/12
1 Horse Guards Road
London
SW1A 2HQ
Or emailed to: AFUconsultation@hmtreasury.gsi.gov.uk
Telephone: 0207 270 5454
7. The Treasury’s response to the consultation will be published in due
course, and all those contacting the Treasury about this will receive a
response.
8. The Supreme Court also quashed The Al-Qaida and Taliban (United Nations
Measures) Order 2006. However, the Al-Qaida and Taliban asset freezing regime is
not included in the consultation because it continues to be implemented in the
UK under a directly applicable EC Regulation, 881/2002. Secondary legislation,
the Al-Qaida and Taliban (Asset Freezing) Regulations 2010, which provides
penalties for breaches of the provisions of the EC Regulation, have been laid
before the Houses of Parliament and will soon be debated.
9. Public
Consultation on the draft Terrorist Asset-Freezing Bill
10. Public
Consultation on the draft Terrorist Asset-Freezing Bill - consultation document
(PDF)
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