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This consultation seeks the views of intersted parties and the general public on the Government's proposed approach to terrorist asset freezing. In particular it is interested in responses to the following: (1) does the draft bill set out the most effective way of meeting UN obligations and protecting national security whilst also ensuring sufficient safeguards in respect of human rights? (2) views on the current operation f the UK's asset freezing regime under the Terrorism orders; (3) does the regulatory impact assessment accurately reflect the costs and benefits of the regime? This paper discusses the UK's current approach to counter-terrorist finance, the international framework, the UK approach to terrorist asset freezing, implementation, and draft legislation. It includes the draft bill, expalanatory notes to the bill, and a regulatory impact assessment.
The draft Bill was published as Cm. 7806 (ISBN 9780101780629)
This paper contains the draft Terrorist Asset-Freezing Bill, explanatory notes and an impact statement. The purpose of the Bill is to give effect to resolution 1373 (2001) adopted by the Security Council of the United Nations on 28 September 2001 relating to terrorism and resolution 1452 (2002) adopted on 20 December 2002 relating to humanitarian exemptions. Resolution 1373 includes a requirement that member states must (a) prevent the financing of terrorist acts, including the freezing of funds and economic resources of persons who commit or attempt to commit, terrorist acts or participate in or facilitate such acts, and (b) prohibit their nationals and those within their territories from making funds, financial services or economic resources available to such persons. Resolution 1452 introduces exemptions to permit payments necessary to meet basic humanitarian needs (such as payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, public utility charges and legal fees and expenses).
These notes refer to the Terrorist Asset-Freezing (Temporary Provisions) Bill as brought from the House of Commons on 8th February 2010, (Bill 33, ISBN 9780108461521)
Terrorist Asset-Freezing etc. Bill (HL) : (as amended on Report)
These notes refer to the Terrorist Asset-Freezing (Temporary Provisions) Bill as introduced in the House of Commons on 5 February 2010, (Bill 62, ISBN 9780215545671)
Brought from the Commons on 8th February 2010
A Bill to make provision for the temporary validity of certain Orders in Council imposing financial restrictions on, and in relation to, persons suspected of involvement in terrorist activity. Government Bill published 5 February 2010. Explanatory notes to the Bill, prepared by the Treasury, are published separately as Bill 62-EN (ISBN 9780215534583)
Terrorist Asset-Freezing etc. Bill (HL) : (as amended in Committee)
The Act under review gives the Treasury power to freeze the assets of individuals and groups thought to be involved in terrorism, whether in the UK or abroad, and to deprive them of access to financial resources. It implements UN Security Council Resolution 1373 and is one of a number of measures at the Government's disposal for preventing the financing of terrorism. At the end of the review period in September 2011: 30 individuals and 8 groups were designated by the Treasury under the Act. This is much reduced from the figure in previous years, owing largely to the removal of duplicate designations. Each of the designated groups had been listed since 2001, as had some of the designated individuals. No individual or group was designated during the review period. No individual or group associated with Northern Ireland was designated, despite continuing terrorist activity there. The prohibitions in the Act applied also to 22 individuals and 25 groups listed by the EU under Regulation 2580/2001. The total quantity of assets frozen, taking the Treasury and EU lists together, was some £100,000. Many of those designated had few if any assets in the United Kingdom. These and other facts make TAFA 2010 is an ancillary rather than a central part of the fight against terrorism. A number of conclusions and recommendations are set out in sections 10 and 11