U.N. Works to Improve Counterterrorism Enforcement Regime

The United Nations is continuing its efforts to improve the design, implementation and enforcement of its counter terrorism enforcement regime. Although the U.N. has worked on the regime for decades, its efforts were given a boost by the terrorist incidents in the United States on September 11, 2001. On December 9, 2002, Ambassador Greenstock, Chairman of the counter Terrorism Committee (CTC), briefed U.N. members on the work of the CTC. It had received 175 first round reports and 101 seconds round reports from U.N. members. However, 16 first round reports remained outstanding (e.g., not yet submitted). Ambassador Greenstock said the CT planned to increase its efforts to encourage the states that had not yet submitted a report to do so promptly. On December 20, the U.N. Security Council, acting unanimously, adopted humanitarian exemptions to the sanctions imposed on Usama bin Laden, Al-Qaeda, the Taliban and their associates. The new resolution adopted on December 20 provides that these measures do not apply to funds and other financial assets or economic resources that states have determined are “necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medial treatment, taxes insurance premiums, and public utility charges.” States are obliged to notify the Security Council CTC of any plans to exempt funds. Access can then be authorized “in the absence of a negative decision by the committee within 48 hours of such notifications.” Hence, if the Swedish Government freezes funds of Mr. X and then, pursuant to an application from Mr. X’s counsel, prepare to unfreeze y funds for a, b, and , c humanitarian reasons, it would notify the CTC. 48 hours later, unless the CTC has tan a negative decision against such humanitarian exemptions, they would go into effect.