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http://www.washingtonpost.com/wp-dyn/articles/A9219-2002Aug28.html

 War on Al Qaeda Funds Stalled

 By Colum Lynch
  UNITED NATIONS, Aug. 28 -- A global campaign to block al Qaeda's access to money has 
stalled, enabling the terrorist network to obtain a fresh infusion of tens of millions 
of dollars and putting it in a position to finance future attacks, according to a 
draft U.N. report.

  In the months immediately following the Sept. 11 attacks, the United States and 
other U.N. members moved to shut down al Qaeda's financial network, freezing more than 
$112 million in assets belonging to suspected members and supporters of the 
organization.

  But only $10 million in additional funds has been blocked over the past eight 
months, according to the 43-page draft report, which was written by a U.N. panel 
responsible for monitoring the enforcement of an arms, travel and financial embargo 
against al Qaeda and its associates.

  Al Qaeda continues to draw on funds from the personal inheritance of Osama bin 
Laden, the Saudi-born militant who heads the network, as well as from investments and 
money diverted or embezzled from charitable organizations, according to the draft 
report.

  The report of the Monitoring Group on al Qaeda, which is expected to be released 
next week, offers a rare survey of the state of the financial war on terrorism. In the 
aftermath of the attacks in New York and on the Pentagon, President Bush announced the 
freezing of assets of dozens of organizations and individuals linked to al Qaeda, and 
U.S. diplomats harnessed the authority of the U.N. Security Council behind the effort. 
The Security Council adopted a resolution requiring the United Nations' 189 members to 
seize the assets of individuals placed on a U.N. list of suspected associates of al 
Qaeda.

  Despite this campaign, the report says, al Qaeda's financial backers in North 
Africa, the Middle East and Asia manage at least $30 million in investments for the 
group, with some estimates going as high as $300 million. The money reportedly 
includes investments from Mauritius, Singapore, Malaysia, the Philippines and Panama, 
it says.

  Al Qaeda is also suspected of having bank accounts under the names of unidentified 
intermediaries in Dubai, Hong Kong, London, Malaysia and Vienna. And private donations 
to the group, estimated at $16 million a year, are believed to "continue, largely 
unabated," the report says.

  "Despite initial successes in locating and freezing" al Qaeda assets, the network 
"continues to have access to considerable financial and other economic resources," the 
report says, adding that it has proven "exceedingly difficult" to identify these funds.

  "Al Qaeda is by all accounts 'fit and well' and poised to strike again at its 
leisure," it says. "The prime targets of the organization are likely to be persons and 
property of the United States of America and its allies in the fight against al Qaeda, 
as well as Israel."

  The U.N. panel says the task of blocking al Qaeda's funds has been frustrated by the 
group's decision to shift its assets into precious metals and gems, and to transfer 
its money through an informal money exchange network, known as hawalas, that is 
virtually impossible to trace. Revenue from hard-to-track "illegal activities 
including smuggling, petty crime, robbery, embezzlement and credit card fraud augment 
these funds," it says.

  But the effort to shut down al Qaeda's financial network has also been hampered by 
the inadequate auditing of religious charities, the lax border controls in several 
European countries -- members of the Schengen Area group, which allow travelers to 
cross their borders with a single visa -- and the "stringent evidentiary standards" 
required by European governments before they will seize an individual's assets, the 
draft report says.

  The report says the Schengen Information System -- a computer program used to 
monitor border crossings in the group's 15 member states -- holds in its database only 
40 of the 219 names on the U.N. list. Several members of the Schengen group said their 
"national laws precluded them from placing" their citizens' names on "national watch 
lists without appropriate judicial basis," according to the U.N. report.

  The Schengen group is made up of 13 European Union members as well as Norway and 
Iceland. Britain and Ireland are the only EU members that are not part of the group.

  The U.N. panel warns that the refusal of key European countries to fully comply with 
the Security Council's sanctions could have a "derogatory impact" on the effort to 
shut down al Qaeda's financial operations.

  European governments have faced legal challenges from citizens on the U.N. list who 
say they have been denied their right to a trial, which is enshrined in the Council of 
Europe's Human Rights Charter. They have expressed concern that the procedures for 
placing individuals on the sanctions list lack the legal safeguards required by their 
own courts for the freezing of assets.

  "Several states have indicated that they are facing legal challenges to the blocking 
of assets," the report says. They have also cited humanitarian concerns and the dearth 
of evidence linking suspects to terrorist activities.

  Luxembourg told the U.N. sanctions monitors that it recently released the assets of 
an unidentified organization allegedly linked to Al Barakaat, a Somali-based money 
exchange company that the Bush administration charges has been used by al Qaeda. The 
Luxembourg government said the country's banking regulatory agency "did not have 
access to releasable intelligence information related to the case." Luxembourg had 
previously frozen the group's assets at the request of the United States, according to 
diplomats.

  Switzerland has "indicated that it has released small amounts of money from frozen 
accounts for personal and business expenses where account holders have demonstrated 
hardship," the report says. Swiss officials said that a government decree authorizing 
the blocking of assets requires that funds be made available to enable account holders 
to meet basic humanitarian needs.

  Germany has signaled that it may face "legal constraints" in the blocking of assets 
of individuals being pursued by the United Nations, the report says. "German 
authorities are closely cooperating with the [U.N.] monitoring group to reach full 
implementation of the U.N. Security Council sanctions," said Dirk J. A. Rotenberg, a 
spokesman for the German mission to the United Nations. But he added that any action 
must conform with Germany's legal system and the "rule of law."

  In its report, the U.N. panel says that scores of individuals who have been linked 
to al Qaeda -- including Suleiman Abu Ghaith, bin Laden's Kuwaiti spokesman, and 
Gulbuddin Hekmatyar, a powerful Afghan chieftain -- have not been placed on the list, 
making it difficult for governments to freeze their assets. It also says 38 
individuals who have been arrested in 13 countries -- including the United States, 
Italy, Pakistan and Morocco -- have not been added to the U.N. list. The panel does 
not name them.

  In response to those concerns, the United States and Italy today jointly introduced 
to the Security Council committee that oversees the al Qaeda sanctions list the names 
of 11 individuals and 14 businesses that are allegedly linked to al Qaeda.

  The United States has also sought to address some of the European concerns by 
proposing a Security Council resolution allowing suspected supporters of al Qaeda to 
withdraw money to meet their basic living needs. But Washington has continued to press 
its European allies to fully comply with the U.N. sanctions. "We are concerned about 
it, and we have raised this issue bilaterally with the Europeans," a U.S. official 
said. "We have been told that it's not as big a problem as claimed in the report."

  The U.N. panel's report also cites the failure of the U.S. and other governments to 
provide complete information about the suspected al Qaeda members. It warns that the 
publication of distinct terrorist lists by the United Nations, the European Union, the 
United States and other countries is creating confusion and undermining the efforts to 
freeze al Qaeda assets.

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