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How Do Terrorists Groups Get Registered As A Terrorist Group

As part of its response against terrorism after the attacks of xi September 2001, in December that year the European Union established a list of persons, groups and entities involved in terrorist acts and subject to restrictive measures. Set downwardly in common position 2001/931/CFSP, these were additional measures adopted in order to implement United nations Security Council resolution 1373 (2001). The list includes persons and groups active both within and outside the EU. It is reviewed regularly, and at least every six months.

As from September 2016, the EU tin can use sanctions autonomously to ISIL/Da'esh and Al-Qaida and persons and entities associated or supporting them. Until then, sanctions could only be applied to persons and entities listed past the United nations or past European union countries acting individually.

So far, a total of eight individuals are subject to a travel ban and an asset freeze, and two entities to an asset freeze. In addition, European union persons and entities are forbidden from making funds available to listed individuals and entities.

Restrictive measures applied

Common position 2001/931/CFSP lays down the criteria for listing persons, groups and entities. It identifies the actions that establish terrorist acts for these purposes, and defines the restrictive measures to be applied. These restrictive measures are:

  • measures related to freezing of funds and financial avails
  • measures related to constabulary and judicial cooperation

Following the signing of the Colombia peace agreement on 26 September 2016, the Council suspended the application of European union restrictive measures against the Fuerzas Armadas Revolucionarias de Colombia (FARC).

The persons, groups and entities in this list are subject field to both the freezing of funds and other financial assets, as well as enhanced measures related to police and judicial cooperation in criminal matters. Council regulation 2580/2001 provides for the freezing of all funds and other fiscal assets belonging to these persons, groups and entities. In addition, no funds, financial assets and economical resource can exist made available to them, straight or indirectly. These are all European union external terrorists.

A 2nd group of persons and entities on the list are subject merely to enhanced measures related to police and judicial cooperation in criminal matters. These are all EU internal terrorists.

Council determination (CFSP) 2016/1693 and Council regulation (European union) 2016/1686 lay down the Eu legal framework to impose travel ban on individuals and nugget freeze on individuals and entities that are identified as being associated with ISIL (Da'esh)/ Al-Qaida.

Criteria for listing

The common position establishes that the list will exist drawn up from precise information indicating that a determination has been taken by a judicial or equivalent competent authority in respect of the person, group or entity concerned. This decision may concern:

  • initiation of investigations or prosecution for a terrorist act or an attempt to bear out or facilitate such an act
  • condemnation for any of those actions

Persons, groups and entities identified past the United nations Security Council as existence related to terrorism and against whom information technology has ordered sanctions may also exist included in the list.

Process for list and delisting

The Council reviews the list at regular intervals and at least every half dozen months. In add-on to this regular review, the Council tin can, at any time, adopt a determination on listing or delisting of persons, groups and entities.

Proposal for list/delisting

Persons groups and entities can exist included on the listing on the basis of proposals submitted past fellow member states or third states. A asking for delisting can be made by listed persons, groups and entities, by a member country or past the third state which had originally proposed the list.

Examination by working party

The Working Political party on restrictive measures to combat terrorism (COMET working party) examines and evaluates information with a view to list and delisting. Information technology then makes recommendations to the Council.

Approval past the Council

The Council adopts the changes to the list, which are published in the Official Journal. For each person, group and entity bailiwick to the restrictive measures under Council regulation 2580/2001 (freezing of funds and financial avails), the Quango likewise provides a statement of reasons making clear how the criteria for listing have been met.

General Court example: Hamas

In September 2010, Hamas brought its case before the General Courtroom, challenging its continued presence on the European union terrorist list. In December 2014, the General Courtroom annulled on procedural grounds the Council's decision to maintain Hamas on this list.

At its foreign affairs meeting on xix Jan 2015, the Council decided to appeal against the judgment of the General Court in the instance Council v Hamas. During the appeal process, the issue of the Full general Court judgement is suspended.

Notification

Subsequently a listing decision has been taken by the Council, each person, group and entity bailiwick to restrictive measures under Council regulation 2580/2001 is informed either by a letter of notification, where possible, or by publication of a notice in the Official Journal.

What options are open up to a listed person, grouping or entity?

Persons, groups and entities included in the list can:

  • request the Council to reconsider the case, on the basis of supporting documentation
  • challenge the decision of the national competent authority according to national procedures
  • if subject to restrictive measures nether Council regulation 2580/2001, challenge the Council'southward determination earlier the Full general Court
The visual shows a globe covered with information icons connected with dots. Three hands are each holding a magnifying glass focusing on a passport, some banknotes and a fingerprint. The background is a sky with clouds.

What is the Eu doing to tackle terrorism?

Have a journey through two decades, exploring how European union countries take been cooperating ever more closely on counter-terrorism: from preventing terrorists from buying weapons or building bombs, right through to trying to counter radicalisation in the first place.

How Do Terrorists Groups Get Registered As A Terrorist Group,

Source: https://www.consilium.europa.eu/en/policies/fight-against-terrorism/terrorist-list/

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