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
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”.
If you would like us to include daily updates ofr all countries affected by sanctions let us know
