Terrorism

FTAL has revised this page so that it now contains a number of links to Government sites that maintain lists of names that may possibly be linked with recent terrorist attacks (HM Treasury and US Treasury OFAC sites updated on 29.10.07 and 29.10.07 respectively).

The Terrorism (United Nations Measures) Order 2001 was registered on 12 October 2001.

FTAL would draw the attention of all financial services businesses to Article 5 of the Terrorism Order 2001, which makes it an offence for any person, except under authority of a licence, to make any funds or financial services available to or for the benefit of persons involved in terrorism. In addition, failure to disclose knowledge or suspicion of offences is itself an offence under Article 9 of the Terrorism Order 2001.

The following lists provide details of persons identified by relevant authorities as being connected with terrorism or the financing of terrorism.

HM Treasury lists

The HM Treasury lists include those persons whose assets have been frozen in the UK on the direction of HM Treasury. FTAL would ask all financial services businesses to check their files against the HM Treasury lists.

All financial services businesses should report any matches to the Joint Financial Crimes Unit. It is anticipated that any financial services business linked with these persons would be subject to Article 5 of the Terrorism Order 2001. Financial services businesses should therefore take legal advice before making any decisions on payments from such accounts.

US list

The US list consists of names that have been issued by the US authorities since September 11th. They are individuals and organisations that are suspected as being connected with terrorist activities.

Financial services businesses should note that some of the names on the US list appear also - either directly or as aliases for those names - on the HM Treasury lists. All those names that are identical to or aliases for names on the HM Treasury lists should be treated in the same way as names on the HM Treasury lists. For all other names on the US list, financial services businesses should simply report any matches to the Joint Financial Crimes Unit.

The Al-Qa’ida and Taliban (United Nations Measures) (Channel States) Order 2002 [the Al-Qa’ida Order 2002] was registered on 15 February 2002.

FTAL would draw the attention of all financial services businesses to Articles 3-9 of the Al-Qa’ida Order 2002, which make it an offence for any person, except under authority of a licence, to make any funds or financial services (also restricted goods, technical assistance and training) available to or for the benefit of listed persons or their associates. Article 2 of the Al-Qa’ida Order 2002 defines a listed person as being Usama bin Laden or any person designated by the United Nations Sanctions Committee in the list maintained by that Committee in accordance with resolution 1390 adopted by the United Nations Security Council on 16 January 2002.

In addition, failure to disclose business relationships with listed persons or their associates (or with persons acting on their behalf) and failure to disclose knowledge or suspicion of offences under the Al-Qa’ida Order 2002 is itself an offence under Article 10 of the Al-Qa’ida Order 2002.

The HM Treasury lists include the list of those persons designated by the United Nations Sanctions Committee in accordance with resolution 1390. FTAL would ask all financial services businesses to check their files against this HM Treasury list.

All financial services businesses should report any matches to the Joint Financial Crimes Unit. It is anticipated that any financial services businesses linked with these persons would be subject to Article 7 of the Al-Qa’ida Order 2002 and the consequences thereof. Financial services businesses should therefore take legal advice before making any decisions on payments from such accounts.