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Viewing cable 05ANKARA7440, Treasury Official Sparks Interest in

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Reference ID Created Released Classification Origin
05ANKARA7440 2005-12-19 15:39 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Ankara
VZCZCXRO0066
PP RUEHDA
DE RUEHAK #7440/01 3531539
ZNR UUUUU ZZH
P 191539Z DEC 05
FM AMEMBASSY ANKARA
TO RUEHC/SECSTATE WASHDC PRIORITY 2067
RUEATRS/DEPT OF TREASURY WASHDC
INFO RHEHAAA/NSC WASHDC
RUEHIT/AMCONSUL ISTANBUL 9350
RUEHDA/AMCONSUL ADANA 0140
RHMFISS/HQ USEUCOM VAIHINGEN GE
UNCLAS SECTION 01 OF 02 ANKARA 007440 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
TREAS FOR OFAC (RWERNER), FINCEN (MMELANCON), EOTFFC 
(POBRIEN) and (RLEBENSON, JSERAFINI), OIA (JGARDNER) 
and/or (MLEAVITT) 
 
EUCOM FOR JIACG (MPLEHN) 
 
E.O. 12958: N/A 
TAGS: EFIN KTFN PTER TU
SUBJECT: Treasury Official Sparks Interest in 
Designations 
 
REF: A) ANKARA 5635, B) ANKARA 5448 
 
1.  (SBU)  SUMMARY:  IN A FOLLOW-UP TO TREASURY U/S 
LEVEY'S VISIT IN JUNE AND SUBSEQUENT MEETINGS AND 
LETTERS, U.S. TREASURY OFFICIAL CHRISTOPHER BURDICK MADE 
A PRESENTATION TO GOT OFFICIALS ON TERRORIST FINANCE 
DESIGNATIONS ON DECEMBER 13.  THE MEETING WAS WELL- 
ATTENDED BY AN INTERAGENCY GROUP OF GOT OFFICIALS 
RESPONSIBLE FOR TERRORISM FINANCE.  THE OFFICIALS SHOWED 
A LIVELY INTEREST IN DESIGNATIONS AND WE HAVE SINCE HEARD 
THE HEAD OF THE ANTI-FINANCIAL CRIME AGENCY IS INTERESTED 
IN TURKEY ESTABLISHING A DESIGNATIONS CAPABILITY.  END 
SUMMARY. 
 
------------- 
TURKS ENGAGED 
------------- 
 
2. (SBU) AS PROPOSED IN U/S LEVEY'S RECENT LETTER TO 
FINANCE MINISTER UNAKITAN, U.S. TREASURY OFFICIAL 
CHRISTOPHER BURDICK MADE A PRESENTATION ON TERRORISM 
FINANCE DESIGNATIONS DECEMBER 13 TO AN INTERAGENCY GROUP 
OF GOT OFFICIALS.  THE GROUP WAS CHAIRED BY GENC OSMAN 
YARASLI, THE PRESIDENT OF MASAK, THE TURKISH ANTI- 
FINANCIAL CRIME AGENCY WHICH HAS THE LEAD ON TERROR 
FINANCE. DESPITE YARASLI HAVING EARLIER CITED A PACKED 
CALENDAR, HE PERSONALLY ATTENDED ALONG WITH ONE OF HIS 
DEPUTIES, NUMEROUS MASAK STAFF, AND EXPERTS FROM THE MOJ, 
MFA, AND POLICE. 
 
3. (SBU) YARASLI AND HIS COLLEAGUES WERE ENGAGED 
THROUGHOUT THE PRESENTATION.  THEY ASKED NUMEROUS 
QUESTIONS AND WERE VERY INTERESTED IN THE TOPIC.  MASAK 
DEPUTY PRESIDENT ENDER TOSUN LATER TOLD US YARASLI IS 
INTERESTED IN PURSUING TURKEY SETTING UP THE ABILITY TO 
DESIGNATE DOMESTICALLY.  (CURRENTLY, TURKEY ONLY 
DESIGNATES TERRORIST FINANCIERS LISTED UNDER UN SECURITY 
COUNCIL RESOLUTION 1267.  IT HAS NO SYSTEM FOR ANALYZING 
AND DOMESTICALLY DESIGNATING TERRORIST FINANCIERS ON ITS 
OWN.) 
 
4. (SBU) BURDICK, IN HIS PRESENTATION WENT OVER THE 
RATIONALE BEHIND DESIGNATIONS, INTERNATIONAL AGREEMENTS 
RELATING THERETO, AND THE U.S. DESIGNATIONS SYSTEM. 
 
------------------------------------------- 
QUESTIONS ON APPEAL SYSTEM, LEGAL AUTHORITY 
------------------------------------------- 
 
5. (SBU) GOT PARTICIPANTS, INCLUDING YARASLI, QUESTIONED 
BURDICK REPEATEDLY ON THE U.S. LEGAL FRAMEWORK 
AUTHORIZING EXECUTIVE BRANCH OFFICIALS TO DESIGNATE, AS 
WELL AS ON THE PROCESS FOR DE-LISTING.  THEY SEEMED 
PARTICULARLY CONCERNED WITH THE POTENTIALS FOR ABUSE OF 
THE AUTHORITY BY GOVERNMENT OFFICIALS.  RATHER THAN A 
CRITICISM OF THE U.S. SYSTEM, THIS REFLECTS A 
PARTICULARLY TURKISH MINDSET AND "INSPECTION" MENTALITY, 
AS WELL AS A HISTORY OF ABUSE OF OFFICE.  IN ORDER TO 
INSTITUTE SUCH A SYSTEM IN TURKEY, THE GOT WOULD HAVE TO 
EXPLAIN HOW SUCH RISKS ARE ADDRESSED. 
 
6. (SBU) POST WOULD APPRECIATE ADDRESSEES HELP IN 
ANSWERING THE GOT'S QUESTIONS: 
 
BEGIN QUESTIONS: 
 
1. What U.S. laws affect U.S. banks holding correspondent 
accounts by foreign banks of designated parties? 
 
2. Interagency Process: What policy documents are 
available laying out the interagency review process? Who 
are the players?  What legal instruments establish the 
interagency elements that review a designation and give 
authority to designate? 
 
3. Litigation:   When can a designated party sue?  In 
which court? When can a foreign party sue?  What form of 
compensation is available to mis-designated parties?  Can 
a party sue once de-listed?  How many names have been 
designated since the inception of the program, and how 
many de-listed? 
 
ANKARA 00007440  002 OF 002 
 
 
 
4. Civil Servants:  What protections are in place to 
prevent civil servant abuse of the system?  Can a civil 
servant's employment be terminated for mis-designating a 
party? 
 
------- 
Comment 
------- 
 
7. (SBU) Post thanks Treasury for sending Mr. Burdick to 
Ankara.  If MASAK's newfound interest in designations is 
confirmed, the visit will mark a substantial advance in 
GOT officials' approach to combating terrorism finance. 
Wilson