VZCZCXYZ0013
RR RUEHWEB

DE RUEHBS #1098/01 0891534
ZNY CCCCC ZZH
R 301534Z MAR 06
FM AMEMBASSY BRUSSELS
TO RUEHC/SECSTATE WASHDC 1494
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE
RUCNFB/FBI WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEANQT/FINCEN VIENNA VA

C O N F I D E N T I A L BRUSSELS 001098 
 
SIPDIS 
 
SIPDIS 
 
EUR/UBI: E.FALLS 
 
E.O. 12958: DECL: 03/31/2016 
TAGS: KTFN EFIN PTER PREL PGOV BE EU
SUBJECT: TREASURY OFFICIALS MEET WITH BELGIAN AND EU 
OFFICIALS ON TERRORISM FINANCE 
 
REF: A. BRUSSELS 1022 
     ¶B. BRUSSELS 539 
     ¶C. BRUSSELS 346 
 
Classified By: ECONCOUNS T.L.ROBL, REASONS 1.5 (B) AND (D) 
 
¶1. (C) SUMMARY: During a March 14 meeting at the Belgian 
Ministry of Foreign Affairs (MFA), Treasury Assistant 
Secretary (A/S) for Terrorism Financing Patrick O'Brien met 
 
SIPDIS 
with Belgian officials to explain the U.S. process to 
designate financiers of terrorists or terror groups. 
O'Brien's visit occurred as Belgium neared the final 
legislative stages in the creation of an interagency body, 
OCAM/CODA that will analyze internal and external threats to 
Belgian interests (ref A).  The Belgians inquired about the 
Global Relief Fund (GRF) case (refs B and C), but post 
understands that at present no further information to share 
with GOB is available.  A/S O,Brien also met with Jonathan 
Faull, Director General of Justice, Liberty and Security at 
the European Commission to discuss non-profit organizations 
and terrorism finance.  Faull invited the U.S. to participate 
in a conference on this issue that the Commission will be 
hosting October 9-10 in Brussels.  END SUMMARY 
 
¶2. (SBU) Participants in the March 14 meeting at the Belgian 
MFA were as follows: 
 
Belgium 
 
Ministry of Foreign Affairs 
-Jan Devadder, Legal Advisor 
-Kris Van Oostende, Deputy Legal Advisor 
-Mark Van De Vreken, Advisor, Cabinet of Minister for 
Foreign Affairs 
-Paul Rietjens, Legal Advisor, Permanent Representation of 
Belgium to the EU 
-Veronique Petit, First Secretary, Counterterrorism Unit, 
MFA 
 
Other Belgian Agencies 
-Jean-Pascal Thoreau, Federal Magistrate handling financial 
crimes (including terrorist financing) 
 
-Beatrice Detiste, Financial Specialist, Treasury 
 
-Jean-Claude Delepiere, Director, CTIF/CFI (Belgian 
Financial Intelligence Unit) 
 
-Henri Vantieghem, Diplomatic Advisor to the Minister of 
Justice 
 
 
US 
 
Department of Treasury: 
-Patrick O'Brien, Assistant Secretary for Terrorism 
Financing 
-Justin Serafini, Policy Advisor 
-Chris Burdick, Sanctions Advisor (Stuttgart) 
 
Embassy Brussels 
-Terri Robl, EconCouns, Terrorist Financing Coordinating 
Officer (TFCO) 
-Fred Wong, Legatt 
-Moulik Berkana, Econoff, Deputy TFCO 
-Greg Rupert, Assistant Legatt, The Hague 
 
¶3. (C) A/S O'Brien explained how a U.S. interagency group, 
known as the Terrorism Finance Policy Coordination Committee, 
decides how to proceed in terrorism cases, including various 
enforcement, policy, and intelligence responses.  When 
designations are appropriate, all information is collected 
(including classified and unclassified information) in an 
administrative record maintained by the Office of Foreign 
Asset Control (OFAC).  Designations may be done in 
conjunction with other actions, including diplomatic actions 
and criminal procedures. 
 
¶4.  (SBU) O,Brien summarized and compared an independent 
(administrative) capacity to freeze assets with the process 
of developing information to be used in prosecuting a 
criminal case.  The standard of evidence for designation is 
different than that in a criminal proceeding and can include 
classified information that can be reviewed by a judge ex 
parte and in camera.  Nonetheless, before designation the 
administrative record is reviewed by lawyers at OFAC and the 
U.S. Department of Justice (USDOJ) to ensure legal 
 
sufficiency for designation.  Upon designation, a public 
statement is made giving the reason for designation.  In 
cases of UNSCR 1267 designations, a statement of the case is 
presented to the 1267 Committee and G7 members.  Due process 
in designations is maintained by the Administrative 
Procedures Act that allows for an administrative and judicial 
appeal process.  First, a designated entity can apply to OFAC 
for de-listing, which leads to an administrative review.  If 
the designated person is denied de-listing by OFAC, he/she 
can challenge his/her designation through a judicial review 
in U.S. Federal District Court. 
 
¶5. (C) A/S O'Brien highlighted that interagency coordination 
is a key requirement in counter terrorism finance. The 
Belgians expressed particular interest in these aspects 
because the GOB is currntly constituting its own interagency 
body (OAM/CODA in French and Dutch acronyms) charged wth 
threat analysis (ref A).  Although not yet operative, part of 
the mandate of the interagency group may involve handling 
listings on the national level, rather than EU or UN; details 
are still being arranged. 
 
¶6. (U) O,Brien also explained OFAC licensing procedures, 
which permit the designated individual or group access to 
some funds for living expenses or other permitted purposes. 
 
¶7. (C) The discussion briefly touched on the Global Relief 
Fund case (refs B and C).  As reported in ref B, Belgium has 
offered to share its file on the case.  Two copies are 
available, one with the Belgian Federal Prosecutor and one 
with the Legal Advisor to the MFA.  Legatt has agreed to look 
at the dossier with the Federal Prosecutor handling the case. 
 Belgian authorities reiterated that they would welcome any 
additional information or intelligence on GRF that can be 
shared by U.S. agencies. 
 
¶8. (C) Post will follow up on Belgian requests for more 
detailed information on designations, licenses and 
de-listing, drawing on OFAC website and other sources.  For 
example, the Belgians asked about criteria for designation 
and under what legislative authority the U.S. designates 
(International Economic Powers Act, IEPA).  We will also 
provide the Belgians with an FBI Field Guide on designations. 
 
MEETING WITH EUROPEAN COMMISSION ON NON-PROFITS 
--------------------------------------------- -- 
 
¶9. (SBU) A/S O,Brien also met with Jonathan Faull, Director 
General for Justice, Freedom and Security at the European 
Commission to discuss cooperation in the non-profit sector. 
Faull invited the U.S. to participate in a large conference 
that they are planning on this issue October 9-10 in 
Brussels.  This conference is a follow up to the 
Communication that the Commission issued in December that 
makes recommendations to the member states and sets out a 
code of conduct for the non-profit organizations.  Faull 
indicated that the conference would bring together 250 people 
representing a broad range of stakeholders including 
non-profit organizations, law enforcement, regulators, and 
financial intelligence units 
 
¶10. (C) Nicholas Kaye said that getting agreement on member 
states on the best approach had been difficult, with the 
Nordic countries in particular being reluctant to regulate 
the sector.  He noted that it had not been possible to get an 
EU consensus on the Interpretative Note dealing with 
non-profits among member states before the last Financial 
Action Task Force meeting in South Africa.  Given this 
dynamic, the Commission does not intend to put the code of 
conduct or recommendations to the member states to the 
Council for debate for fear that the result would be to water 
down what the Commission has proposed.  Kaye also noted that 
the Commission had initially intended to include risk 
indicators as part of the communication, but given the 
sensitive nature had dropped it.  He said that the Commission 
still feels that risk indicators are important and would 
welcome US input on how those should be developed. 
 
¶11.  (SBU) O,Brien asked Faull whether there would be some 
way to move forward with the proposal in the June 2004 summit 
declaration to work jointly on analysis of frozen accounts. 
Faull agreed to look into the situation. 
 
¶12. (U) This cable, jointly drafted by Embassy and USEU, has 
been cleared by A/S O'Brien's office. 
KOROLOGOS 
 
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