Sanctions updates 8th December 2015

Does counter-terrorism legislation prevent organisations from operating overseas?

No, in the government’s assessment existing terrorism (or other) legislation does not prevent organisations, including non-governmental organisations (NGOs), from operating overseas, including in areas where terrorist groups operate. This can involve very finely balanced judgments for non-governmental organisations, but this is an inherent risk for any organisation operating in high threat areas overseas. It remains the responsibility of non-governmental organisations or other parties to ensure that their activity complies with UK law and to take reasonable steps to reduce the risk of non-compliance.  

The risk that an individual or a body of persons corporate or unincorporated will be prosecuted for a terrorism offence as a result of their involvement in humanitarian efforts or conflict resolution is low.

 

While this note has been drafted primarily for international non-governmental organisations it has relevance to other sectors.

Does counter-terrorism legislation prevent organisations from operating overseas?

No, in the government’s assessment existing terrorism (or other) legislation does not prevent organisations, including non-governmental organisations (NGOs), from operating overseas, including in areas where terrorist groups operate. This can involve very finely balanced judgments for non-governmental organisations, but this is an inherent risk for any organisation operating in high threat areas overseas. It remains the responsibility of non-governmental organisations or other parties to ensure that their activity complies with UK law and to take reasonable steps to reduce the risk of non-compliance. 

Prosecution

Will I be prosecuted in the UK as a result of my involvement in legitimate humanitarian or conflict resolution work?

The risk that an individual or a body of persons corporate or unincorporated will be prosecuted for a terrorism offence as a result of their involvement in humanitarian efforts or conflict resolution is low. 

Has anyone involved in legitimate humanitarian or conflict resolution work been prosecuted for a terrorism offence?

We are not aware of any recent UK prosecutions of NGOs or their staff for terrorism offences. 

Who makes the decision to prosecute?

Prosecution decisions are taken independently of government and will be made on a case by case basis depending on the particular facts and circumstances. More generally, it is important to recognise that any potential prosecution would have to go through a number of stages before a decision to prosecute was made:

• police identify that a crime may have been committed
• police decide whether or not to investigate
• police investigate and, if they consider that there is sufficient evidence to charge, refer the case to the Crown Prosecution Service
• Crown Prosecution Service consider whether there is sufficient evidence to prosecute
• Crown Prosecution Service consider whether a prosecution is required in the public interest (in line with the Code for Crown Prosecutors)
• if the offence requires the consent of the Attorney General (as many offences under the terrorism legislation which concern the affairs of another country do) the Crown Prosecution Service refer the case to the Attorney General
• the Attorney General decides whether the prosecution should proceed, considering the sufficiency of evidence and the public interest in bringing proceedings

Links of parties identified

Humanitarian conflict is one aspect of sanctions. If you would like informatoin on Finaical Targets for your country please request a list. 

Ukrain to impose sanctions on Russia

Ukrainian Prime Minister Arseniy Yatseniuk has said that his government will submit a bill to parliament that will authorise it to impose mirrored sanctions against any country that imposes sanctions on it. Speaking at a government meeting, he added that “The Ukrainian government will react to any Russian decision with mirrored sanctions”.

Following talks between Russia, Ukraine, and the EU that ended on 1 December without agreement, Russian Trade and Economic Development Minister Alexei Ulyukayev stated that “It’s a very probable scenario that there won’t be an agreement before 1 January and the non-preferential trade regime will be introduced”, explaining that “it requires extraordinary efforts to reach an agreement”.

Australia Lifs Sanctions on Fiji

Australia is to lift all the sanctions that remain in force against Fiji, which have been in place since 2006, when Fiji experienced its 4th coup in 20 years, led by former army chief Voreqe “Frank” Bainimarama, who was sworn in as prime minister last month after winning the first elections in almost a decade.

OFACsanctions 2 senior leadres of Boko Harm

 

OFAC has sanctioned 2 senior leaders of the Boko Haram terrorist organisation, which was designated as a Global Terrorist by the US State Department in November 2013. In March 2015, Boko Haram pledged allegiance to ISIL.

The 2 newly listed people are Mohammed Nur and Mustapha Chad. Nur is said to have helped organise the August 26 2011 suicide attack on the UN headquarters in Nigeria, funded at least two suicide bombers for unspecified attacks, and since early 2012 is said to have been a member of Boko Haram’s leadership council, supervising operations including suicide bombings, direct attacks, assassinations, and construction of IEDs.

Chad is listed for being a member of Boko Haram’s Shura Council and a militant commander. He is said to have spearheaded a 2013 Boko Haram offensive to take over Maiduguri, Nigeria, with 2000 fighters, and since 2013 has provided support to Boko Haram elements operating in northwest Nigeria and maintained several weapon caches for Boko Haram in southeast Niger.

In the US Treasury’s press release, Acting Under Secretary for Terrorism and Financial Intelligence Adam Szubin states that “From kidnapping schoolgirls to mass fatality terrorist attacks, Boko Haram represents a threat not just to innocents in Nigeria but to all civilized society”.

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