The Sanctions Committee of the United National Security Council removed the US branch of the Al Haramain Foundation from its list of entities whose funds are frozen on the grounds of being a terrorist organisation, following a report that the Ombudsperson to that Committee, Kimberley Prost, made in response to Al Haramain’s de-listing request. The EU has just implemented that de-listing in the European Union, by Commission Implementing Regulation (EU) No 1193/2014 of 4 November 2014. All counter-terrorist sanctions are on the ‘sanctions in force’ section of this blog.

The Al Haramain Foundation won a US constitutional challenge in the Ninth Circuit Court of Appeals in September 2011. The Court held (judgement here) that the procedures used by the Department of Treasury to shut down the Al Haramain Islamic Foundation of Oregon (AHIF-OR) in 2004 had been unconstitutional. The court said the 5th Amendment’s guarantee of due process requires Treasury to give adequate notice of the reasons it puts a group on the terrorist sanctions list, as well as a meaningful opportunity to respond. The Court also ruled that freezing the group’s assets amounts to a seizure under the 4th Amendment, so that a court order was required.


This entry was posted in Latest EU Measures, Terrorist Sanctions, United Nations, USA by Maya Lester QC. Bookmark the permalink.

About Maya Lester QC

Maya Lester QC has a wide ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. As the most recent (2016) Chambers & Partners directory put it, she "owns the world of sanctions". She spent 2011-12 in New York at Columbia Law School lecturing and writing on sanctions. She represents and advises hundreds of companies and individuals before the European and English courts and has acted in most of the leading cases, including Kadi, Tay Za, Central Bank of Iran, NITC and IRISL.

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