The newer of the two United Nations anti-terror sanctions programs:
The name of this regime comes from Resolution 1373, which the UN Security Council adopted in 2001. The sanctions in this regime target individuals, groups and entities considered to be involved in terrorism.
its creation and maintenance by the United Nations:
This regime was established in 2001 through UN Security Council Resolution 1373 as a response to the attacks of 11 September 2001. The sanctions in this regime target individuals, groups and entities considered to be involved in terrorism over and above those covered by the 1267 regime. In this case, the UN has left it to the Member States themselves to determine who the sanctions are to target.
The sanctions in the 1373 regime contain provisions on freezing assets and a ban on making assets available to individuals and groups that are suspected of committing, attempting to commit, participating in or facilitating the commission of terrorist acts. The regime also contains a provision on closer police and judicial cooperation between UN Member States regarding listed individuals.
The UN has created a sanctions committee for this sanctions regime as well – the Counter-Terrorism Committee (CTC). The Committee is tasked with monitoring implementation of Resolution 1373. The Committee is composed of the countries that are members of the Security Council.
its implementation in the EU:
The regime has been implemented by EU member countries through a legislative package consisting of two common positions (2001/930/CFSP and 2001/931/CFSP) and one Council Regulation (2580/2001). The Council Regulation is directly applicable in member countries.
Individuals to be targeted by the sanctions are included on lists in annexes to the common position (2001/931/CFSP) and the Council Regulation. These lists are established by the Ministerial Council by unanimous decision and have been updated on a number of occasions. The most recent lists can be found on the EU website.
A review of the Council's working methods and decisions on sanctions targeting individuals was carried out in 2007 in connection with the implementation of Resolution 1373. Sweden took an active part in this review.
The review was both part of the Council's efforts to achieve increased transparency and a result of a judgment in the EC Court of First Instance regarding the organisation People's Mujahidin of Iran (PMOI), case T-228/02. In its judgment, the Court ruled that decisions on freezing an individual's assets must be accompanied by a clear reason as to why the decision was taken and that the individual or organisation affected by the decision must be given the opportunity to express their views on the decision.
The improved procedures mean that the individuals, groups and entities that have their assets frozen in accordance with EU regulations for implementation of Resolution 1373 are to be informed of the decision and given reasons that are sufficiently detailed that they are able to understand the grounds for the decision.
Individuals and groups affected are also to be given the opportunity to submit information in support of a request to be removed from the list, and to be informed of the option of instituting an action against the Council decision at the EC Court of First Instance.
An additional measure that strengthens legal certainty is that at present, the working methods and procedures concerning EU decisions on sanctions against terrorism and review are public.
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Posted with BlogsyFiled under: EU Updates, Sanctions Programs, Sanctions Regulations, Terrorism, UN Updates
