Targeted Financial Sanctions

U.S. Targeted Financial Sanctions Implementing Security Council Resolutions in 2013

United States views on international law [1] in relation to U.S. Targeted Financial Sanctions Implementing Security Council Resolutions: (1) Overview

The United States implements its counterterrorism obligations under UN Security Council Resolution 1267 (1999), subsequent UN Security Council resolutions concerning al-Qaida/Afghanistan sanctions including Resolutions 2083 (2012), 1988 (2011), 1989 (2011), and 1373 (2001) through Executive Order 13224 of September 24, 2001. Executive Order 13224 imposes financial sanctions on persons who have been designated in the annex to the executive order; persons designated by the U.S. Secretary of State for having committed or for posing a significant risk of committing acts of terrorism; and persons designated by the Secretary of the Treasury for working for or on behalf of, providing support to, or having other links to, persons designated under the executive order. See 66 Fed. Reg. 49,079 (Sept. 25, 2001); see also this world legal encyclopedia (in relation to issues that took place in the year 2001) at 881– 93 and this world legal encyclopedia (in relation to issues that took place in the year 2007) at 155–58.

Some Aspects of U.S. Targeted Financial Sanctions Implementing Security Council Resolutions

The United States had previously made some Taliban-related sanctions designations pursuant to a separate executive order (E.O. 13129) and accompanying OFAC-administered sanctions regulations. For a discussion of E.O. 13129, see Digest 1991-99 at 1964-67. However, Executive Order 13268, issued by President George W. Bush in 2002, terminated E.O. 13129 and amended E.O. 13224 to include references to those sanctioned under E.O. 13129. See this world legal encyclopedia (in relation to issues that took place in the year 2002) at 882-84. In 2011, OFAC revoked the Taliban Sanctions Regulations, leaving Taliban sanctions to be covered by its Global Terrorism Sanctions Regulations and E.O. 13224. 76 Fed. Reg. 31,470 (June 1, 2011).

Developments

(2) Department of State

In 2013, the Department of State announced the U.S. Secretary of State's designation of nine entities and fifteen individuals (including their known aliases) pursuant to E.O. 13224.

In a Federal Register notice dated January 29, 2013, the Department announced the designation (made on December 21, 2012) of Ahmed Abdullah Saleh al-Khazmari alZahrani. 78 Fed. Reg. 6172 (Jan. 29, 2013). The State Department issued a media note, available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/01/203238.htm, identifying al-Zahrani as a senior member of al-Qa'ida, a Saudi citizen, and wanted by the Kingdom of Saudi Arabia for participation in terrorist activities. On January 8, 2013, the Department designated Michel Samaha. 78 Fed. Reg. 3496 (Jan. 16, 2013).

Details

On February 26, 2013, the Department announced the designation of the Commander Nazir Group (“CNG”) and its sub-commander Malang Wazir in a media note, available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/02/205195.htm. 78 Fed. Reg. 13,931 (Mar. 1, 2013). The media note provides this information about CNG and Malang:

Since 2006, CNG has run training camps, dispatched suicide bombers, provided safe haven for al-Qa'ida fighters, and conducted cross-border operations in Afghanistan against the United States and its allies. In addition to its attacks against international forces in Afghanistan, CNG is also responsible for assassinations and intimidation operations against civilians in Afghanistan and Pakistan.

CNG leader Commander Nazir died in early-January 2013, but the group has since chosen a new leader, and in a statement vowed to continue the group's activities, including supporting al-Qa'ida and conducting attacks in Afghanistan. In the same statement, Malang was named as a part of CNG's top leadership. Acting as a sub-commander for CNG, Malang has overseen training centers and has been known to send fighters to Afghanistan to support the Taliban.

Although CNG and Malang have been behind numerous attacks against international forces in Afghanistan, the group has also been known to attack targets in Pakistan. For example, Malang claimed CNG responsibility for a March 2008 vehicle-borne improvised explosive device attack in front of an army brigade headquarters in Zari Noor, South Waziristan, Pakistan, which killed five Pakistani soldiers and injured 11 more. In May 2011, CNG broke a ceasefire agreement and attacked a Pakistani army camp in Wana, Pakistan, with missiles and rockets.

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Also on February 26, the Department announced that it had designated Iyad ag Ghali of Mali. See media note, available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/02/205196.htm. 78 Fed. Reg. 13,931 (Mar. 1, 2013). The media note provides the following information about Ghali:

Ghali is also listed by the United Nations 1267/1989 al-Qa'ida Sanctions Committee. The UN listing requires all member states to implement an assets freeze, a travel ban, and an arms embargo against Ghali. The UN action demonstrates international resolve in eliminating Ghali's violent activities in Mali and the surrounding region.

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Iyad ag Ghali is the leader of Ansar al-Dine (AAD), an organization operating in Mali which cooperates closely with al-Qa'ida in the Islamic Maghreb (AQIM), a designated Foreign Terrorist Organization. Ghali created AAD in late 2011 because his effort to take over a secular Tuareg organization failed due to his extremist views.

U.S. Targeted Financial Sanctions Implementing Security Council Resolutions in 2013 (Continuation)

United States views on international law [1] in relation to U.S. Targeted Financial Sanctions Implementing Security Council Resolutions: On March 11, 2013, the Department designated Ansar al-Dine pursuant to E.O. 13224. 78 Fed. Reg. 17,745 (Mar. 22, 2013). A March 21013 State Department media note, available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/03/206493.htm, includes the following further information about Ansar al-Dine:

AAD has also been listed by the United Nations 1267/1989 al-Qa'ida Sanctions Committee. …

Ansar al-Dine is an organization operating in Mali which cooperates closely with al-Qa'ida in the Islamic Maghreb (AQIM), a designated Foreign Terrorist Organization. AAD was created in late 2011 after AAD's leader, Iyad ag Ghali, failed in an attempt to take over a secular Tuareg organization due to his extremist views. Ghali was designated by the Department of State under E.O. 13224 on February 26, 2013.

AAD has received support from AQIM since its inception in late 2011, and continues to maintain close ties to the group. AAD has received backing from AQIM in its fight against Malian and French forces, most notably in the capture of the Malian towns of Agulhok, Tessalit, Kidal, Gao, and Timbuktu, between January and April 2012. In AAD's March 2012 attack against the town of Aguelhok, the group executed 82 Malian soldiers and kidnapped 30 more. Before the French intervention in January 2013, Malian citizens in towns under AAD's control who did not comply with AAD's laws faced harassment, torture, or execution.

More about U.S. Targeted Financial Sanctions Implementing Security Council Resolutions

On April 16, 2013, the Department designated Abu Muhammad al-Jawlani. 78 Fed. Reg. 29,200 (May 17, 2013). On May 16, 2013, the Department announced the designation of al-Jawlani, leader of the al-Nusrah Front, in a media note available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/05/209499.htm. The State Department had amended the designations of al-Qa'ida in Iraq (“AQI”) under Executive Order 13224 in 2012 to include al-Nusrah Front as an alias. See this world legal encyclopedia (in relation to issues that took place in the year 2012) at 526-27.

Development

On June 20, 2013, the Department designated Abd Al-Ra'Ouf Abu Zaid Mohamed Hamza. 78 Fed. Reg. 40,545 (July 5, 2013). A July 3, 2013 State Department media note, available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/07/211513.htm, explains that Hamza, with three co-conspirators, had participated in an armed attack in Khartoum, Sudan in 2008 resulting resulted in the deaths of a U.S. diplomat and a locally employed U.S. Embassy staff member.

Details

On July 18, 2013, the Department designated Bahawal Khan. 78 Fed. Reg. 48,539 (Aug. 8, 2013). On August 26, 2013, the Department announced the designation of Bahawal Khan in a media note available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/08/212730.htm. As explained in the media note, Khan was appointed as new leader of the Commander Nazir Group in January 2013. As discussed, in this world legal Encyclopedia, the Department designated the Commander Nazir Group under E.O. 13224 in February 2013.

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On July 24, 2013, the Department announced the designation of Bulut Yayla in a media note available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/07/212372.htm. Bulut Yayla is a trained operative of the Revolutionary People's Liberation Party/Front (“DHKP/C”), a Marxist terrorist organization which seeks the overthrow of the Turkish government and, among other terrorist acts, used a suicide bomber to attack U.S. Embassy Ankara on February 1, 2013. Notice of Yayla's designation appeared in the Federal Register on July 25, 2013. 78 Fed. Reg. 45,011 (July 25, 2013).

Resources

Notes

1. U.s. Targeted Financial Sanctions Implementing Security Council Resolutions in the Digest of United States Practice in International Law

Resources

Notes

1. U.s. Targeted Financial Sanctions Implementing Security Council Resolutions in the Digest of United States Practice in International Law