:: Useful Information

 
  • The measures aimed at combating terrorism, preventing its financing, as well as repressing, preventing, and halting the financing of the proliferation of weapons of mass destruction.
  • Targeted measures against specific persons or entities, and do not include all-State economy or People.
  • The measures that are primarily to freeze the funds from being made available directly or indirectly to terrorist persons and entities or those connected to prohibited activities of proliferation of weapons of mass destruction.
  • Administrative measures unlike the freezing orders taken by Public Prosecution in the context of criminal investigations, or confiscation rulings issued by the Judiciary.
  • Ad hoc measures including provisional restriction to the right of ownership.
  • Preventive measures enacted on basis of indications that do not amount to criminal evidence and do not require prosecutions.
  • Flexible measures that do not undermine fundamental rights, with application regime of which allows partial lifting of freezing for payment of some basic or Extraordinary expenses.
 

On International Level

  • International Convention for Suppression of the Financing of Terrorism (New York 1999) to which State of Qatar is a party since 03/06/2008.
  • The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna 1988) to which State of Qatar is a party since 04/05/1990.
  • Security Council resolutions relating to the prevention and suppression of terrorism and its financing, and prohibition of the financing of proliferation of weapons of mass destruction.
  • Recommendations of Financial Action Task Force (FATF) No. (6) related to terrorism and terrorism financing, and No. (7) related to proliferation of weapons of mass destruction.

On national level

  • Law (27) of 2019 promulgating the Law on Combating Terrorism.
  • Law (20) of 2019 promulgating the Law on Combating Money Laundering and Terrorism Financing.
  • Public Prosecutor decision (1) of 2020 regulating the implementation mechanisms of the targeted financial sanctions related to combatting the financing of terrorism and the financing of proliferation of weapons of mass destruction pursuant to UN Security Council resolutions.
  • Public Prosecutor decision (59) of 2020 promulgating guidelines to the effective implementation of the targeted financial sanctions regime in the State of Qatar.
 
  • The targeted financial sanctions shall be imposed against designated persons and entities on the Sanctions List.
  • Sanctions List: list established by a decision of the Public Prosecutor and maintained by the National Counter Terrorism Committee, it shall include:
      1. The natural persons and entities designated on UN Security Council list.
      1. The natural persons and entities designated by a decision of the Public Prosecutor, at the proposal of the National Terrorism Counter Committee (NCTC).
  • UN Security Council List: UN Security Council's Consolidated List established and maintained by the appropriate United Nations body, that includes all persons and entities subject to targeted financial sanctions by a UN Security Council resolution. It may also include individuals and entities, groups and other authorities subject to targeted financial sanctions for financing the proliferation of weapons of mass destruction, pursuant to the UN Security Council resolutions, and all their relevant identification information.
 

The Public Prosecutor shall issue a designation order to include a person or entity on the Sanctions List in the following cases:

  • If the person or entity is already listed on the UN Security Council List.
  • If the Public Prosecutor, at the proposal of the National Counter Terrorism Committee, finds that there are reasonable grounds or basis to suspect or believe that such person or entity has committed, or participated, or facilitated the commission of, terrorist acts including by planning, or attempting to, or promoting or inciting such acts.
 

To prohibit the transfer, conversion, disposition or movement of funds of the designated person or entity, throughout the validity duration of the designation order.

 
  • All funds owned or controlled by the designated person or entity, and not just those that can be tied to a particular terrorist act, plot or threat of proliferation of weapons of mass destruction.
  • Funds that are wholly or jointly owned or controlled, directly or indirectly, by designated persons or entities.
  • Any other funds acquired or generated from funds owned or controlled, directly or indirectly, by designated persons or entities.
  • Funds of persons and entities acting on behalf of, or at the direction of, designated persons or entities.
 

Assets or property of every kind, whether physical or non-physical, tangible or intangible, movable or immovable, including financial assets and economic resources, such as oil and other natural resources, and all related rights of any value, however acquired, and all legal documents or instruments in any form, including electronic or digital copies, evidencing title to, or share in, such assets, and any interests, dividends or other income on or value accruing from or generated by such funds or other assets, which potentially may be used to obtain funds, goods or services.

 
  • The right to be notified of the designation order and reasons.
  • The right to request an exemption of certain frozen funds to cover basic or extraordinary expenses.
    • Basic Expenses: payments for some fees, expenses and service charges such as foodstuffs, rent, mortgage, medicine and medical treatments, taxes, insurance premiums, or public utility charges; or for reasonable professional fees and reimbursement of expenses associated with the provisions of legal services, or fees or service charges for routine holding or maintenance of frozen funds, other assets and economic resources.
    • Extraordinary Expenses:any expenses other than those included in the basic expenses, which are determined by the Public Prosecutor, in coordination with the NCTC as necessary for the person or entity subject to the freezing order.
  • The right to petition against the designation order for delisting:
    • Persons or entities listed locally on Sanctions List, may petition against the designation order by submitting an application to the listing official in charge of designations in the Public Prosecution. In case the petition is rejected, the applicant may appeal against the rejection before the criminal circuit at the Court of Appeal.
    • Persons or entities who are designated on UN Security Council List, may contact with the appropriate UN body either through the Public Prosecutor or submit de-listing requests directly to the Office of the Ombudsman via email (ombudsperson@un.org), if the designation is by ISIL (Da'esh) and Al-Qaida Sanctions Committee, or to the focal point pursuant to resolution 1730 (2006) via https://www.un.org/securitycouncil/ar/sanctions/delisting
 
  • A person is considered as bona fide third party in the following cases:
    • Their funds were mistakenly frozen, due to having the same or similar name with another designated person on any sanctions list.
    • Each person who has an outstanding payments owed by a designated person, established under a contract, agreement or commitment prior to the date of designation.
    • Each person who has a final court ruling granting them the right to extract from the person subject to the freezing order.
    • Each person who is a partner in funds with a person subject to the freezing order, or has a legal right to utilize funds or assets subject to the freezing order.
  • Bona fide third party affected by freezing may submit an exemption request to the authority holding the funds. If the application is rejected, they may submit a petition to the NCTC.
  • Public Prosecutor shall consider the petitions, based on the recommendations of the NCTC.
  • If the Public Prosecutor decides to reject the petition, the applicant may appeal against the rejection before the criminal circuit at the Court of Appeal.