Counterterrorism: President's Executive Order

President Bush on September 23 signed an Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism.

The order will allow the United States Government to block assets of terrorists or terrorist organizations, as well as of persons who sponsor, assist in, or provide support for or services to, or are associated with terrorists or terrorist organizations.

The order follows on the principles of United Nations Security Council Resolution 1333 and 1269 and is part of our national contribution to the international effort to stop the financing of terrorist activity.

The United States Government is moving to obtain expeditious Senate advice and consent to ratify the "International Convention for the Suppression of the Financing of Terrorism," and urges other countries to also move quickly to sign and ratify this important treaty. We understand Ukraine has signed the treaty but has not ratified it. This convention is essential to an effective multilateral strategy against terrorism.

We are also seeking the advice and consent of our Senate to ratify the International

Convention for the Suppression of Terrorist Bombings. We encourage Ukraine to become a party to this convention.

We also look for Ukraine's support and active participation in the October 1-3 General Assembly Plenary debate on "Measures to Eliminate International Terrorism," as well as for its continued outstanding support in the United National Security Council where we are seeking early adoption of a resolution on terrorism, with particular focus on stopping the financing of terrorism.

As part of the international efforts to target financing of terrorism, UNSCR 1267 (adopted in 1999) requires states to freeze the assets of the Taliban and USCR 1333 (adopted in 2000) requires states to freeze the assets of Usama bin Laden and those associated with him, including those in the Al-Qaida organization. Effectiveness depends on quick action. A'."- countries are urged to vigorously pursue the effort to identify and freeze accounts miked to the Taliban and bin Laden.


International Conventions

International Convention for the Suppression of the Financing of Terrorism

Adopted by the General Assembly of the United Nations in resolution 54/109 of December 9,1999

Freezing of assets: Article 8 obligates the Parties to take appropriate measures to identify, detect and freeze or seize assets used to commit terrorist-related offenses as described in the Convention and other application international treaties. This Article also provides for concluding international agreements for the sharing of forfeited funds.

Exchange of Information: Article 12 obligates the Parties to provide the greatest measure of assistance in criminal cases for offenses covered by the Convention, provides for mutual legal assistance for information covered by bank secrecy, and provides for the establishment of mechanisms for sharing information in criminal, civil and administrative matters.

-Ukraine signed the Convention on June 2, 2000. Ukraine has not ratified the Convention.

The European Convention on the Suppression of Terrorism, Strasbourg, 1977.

"The Convention contains broad provisions for providing mutual legal assistance and extradition in criminal matters, to include terrorist-related offenses covered by the Convention and other applicable international agreements.

Ukraine signed the Convention on June 6, 2000. Ukraine has not ratified this Convention.

International Convention for the Suppression of Terrorist Bombings

-Adopted by the General Assembly of the United Nations in resolution 52/164 of December 16,1997.

-Ukraine is not a Party to this Convention.


Summary:

On September 23, the President signed and reported to Congress on an Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism. The order will allow the United States Government to block assets of terrorists or terrorist organizations, as well as of persons who sponsor, assist in, or provide support for or services to or are associated with, terrorists and terrorist organizations. (Note that in this context, a "person" can be an individual or an entity, which is defined to include partnerships, associations, corporations, and other organizations, groups, or subgroups.) The order also allows the United States Government to prohibit any donations by U.S. persons to any persons determined to be subject to the Order.

This order is an integral part of a larger effort to form a coalition to lead the global war against terrorism. President Bush has stressed the urgency of concerted multilateral action, and highlighted that this Order follows on U.N. Security Council Resolutions 1333,1269, and 1267. In the wake of the September 11 attacks, the U.N. Security Council determined in UNSCR 1368 that such acts are a threat to international peace and security and that the international community should redouble its efforts to prevent and suppress terrorist acts by increased cooperation and full implementation of international anti-terrorist conventions and Security Council resolutions. We have already worked with the G-8, the European Union, and the Rio Group, all of whom have issued statements of their intent to take action against terrorism and terrorist groups. It is important for all countries to ratify as soon as possible the International Convention on the Suppression of the Financing of Terrorism and other anti-terrorism conventions, including the International Convention for the Suppression of Terrorist Bombings.