Judge Sarah Netburn says victims of September 11, 2001 attacks should not be able to tap into some of the $7 billion of Afghan central bank assets frozen since Taliban's return to power a year ago.
Afghanistan has been largely cut off from the international financial system since the Taliban took over a year ago.
(Reuters)
A US judge has recommended that victims of September 11, 2001, attacks not be allowed to seize billions of dollars of assets belonging to Afghanistan's central bank to satisfy court judgments they obtained against the Taliban.
US Magistrate Judge Sarah Netburn in Manhattan said on Friday the Afghanistan Bank was immune from jurisdiction, and that allowing the seizures would effectively acknowledge the Taliban as the Afghan government, something only the US president can do.
"The Taliban's victims have fought for years for justice, accountability, and compensation. They are entitled to no less," Netburn wrote. "But the law limits what compensation the court may authorise and those limits put the DAB's assets beyond its authority."
Netburn's recommendation will be reviewed by US District Judge George Daniels in Manhattan, who also oversees the litigation and can decide whether to accept her recommendation.
The decision is a defeat for four groups of creditors that sued a variety of defendants, including Al Qaeda, which they held responsible for the September 11 attacks, and obtained default judgments after the defendants failed to show up in court.
At the time of the attacks, the ruling Taliban allowed Al Qaeda to operate inside Afghanistan.
'Judge has done the right thing'
The United States ousted the Taliban in late 2001, but the Taliban returned to power a year ago when the US and other Western forces withdrew from the country after the pro-West government collapsed.
Lawyers for the creditor groups did not immediately respond to requests for comment.
The groups have been trying to tap into some of the $7 billion of Afghan central bank funds that are frozen at the Federal Reserve Bank in New York.
In an executive order in February, US President Joe Biden ordered $3.5 billion of that sum set aside "for the benefit of the Afghan people," leaving victims to pursue the remainder in court.
The US government took no position at the time on whether the creditor groups were entitled to recover funds under the Terrorist Risk Insurance Act of 2002.
It urged Netburn and Daniels to view exceptions to sovereign immunity narrowly, citing the risks of interference with the president's power to conduct foreign relations, and possible challenges to American property located abroad.
Other countries hold about $2 billion of Afghan reserves.
Shawn Van Diver, the head of #AfghanEvac, which helps evacuate and resettle Afghans, said he hoped the frozen funds could be used to help the struggling Afghan economy without enriching the Taliban.
"The judge has done the right thing here," he said.
Nearly 3,000 people died on September 11, 2001, when planes were flown into New York's World Trade Center, the Pentagon in northern Virginia, and a Pennsylvania field.
US sanctions ban doing financial business with the Taliban, but allow humanitarian support for the Afghan people.
Source: Reuters
ISLAMABAD: The FIA in a letter to PTI chairman Imran Khan has sought details of the party funds and accounts record, ARY News reported on Saturday.
The Federal Investigation Agency (FIA) in a letter to the former prime minister and PTI chairman Imran Khan, asked to submit the record of the party’s national and internationally registered organizations since 1996, when it was established.
The FIA has also sought details of the funds and accounts, the letter read. The investigation agency has also sought details of foreign currency accounts and funds received from foreign donors who donated to the party.
“The party should submit its audit reports of the party funds within two weeks”, federal agency demanded. “The PTI should also submit the list of the names of the party’s donors and the properties donated to the PTI,” the FIA demanded in letter.
“The names of the all office holders and their nationality should also be submitted. All record of the party since it was established in 1996 till 2022 to be submitted,” the FIA said in its letter.
The investigation agency has opened inquiries simultaneously in major cities of Pakistan, including federal capital Islamabad, Lahore, Peshawar, Quetta and Karachi.
According to details, the FIA has constituted five investigation teams to collect data and record statements in Islamabad and other four provinces.
Deputy Director Amna Baig will head the probe team in the federal capital, which includes Ajmal Siddique, Sardarullah Babar, Asghar Ali Baloch, Rehana Kausar, and Arbab Abbasi.
A four-member probe team in Balochistan, a five-member team in Khyber Pakhtunkhwa (KPK), a five-member probe team in Sindh Zone One and a probe team in Punjab Zone has been constituted.
The ECP bench in its verdict said prohibited funding against PTI had been proven and ruled that the party received funds from business tycoon Arif Naqvi and from 34 foreign nationals.
A three-member bench headed by Chief Election Commissioner (CEC) Sikander Sultan Raja, comprising Nisar Ahmed Durrani and Shah Muhammad Jatoi announced the reserved verdict.
ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday announced the much-awaited verdict in the Pakistan Tehreek-e-Insaf (PTI) ‘prohibited’ funding case tomorrow (Tuesday), ARY News reported.
The ECP bench in its reserved verdict said prohibited funding against PTI has been proven.
A three-member bench headed by Chief Election Commissioner (CEC) Sikander Sultan Raja, comprising Nisar Ahmed Durrani and Shah Muhammad Jatoi announced the reserved verdict.
The ECP in its verdict said PTI received funding from 34 foreign nations and the details of 13 accounts were not disclosed.
The ECP also declared the statement on oath of former prime minister Imran Khan as ‘wrong’ and issued show cause notice to the Pakistan Tehreek-e-Insaf.
The case was filed by PTI founding member Akbar S. Babar and was pending since November 14, 2014. Babar had alleged serious financial irregularities in the party’s funding from Pakistan and abroad.
The development comes days after the ruling alliance, comprising members of the Pakistan Democratic Movement, PPP, and Muttahida Qaumi Movement-Pakistan, urged ECP to release the verdict in the case.
PTI foreign funding case
The Election Commission of Pakistan had reserved its verdict after the conclusion of arguments from both sides of the case on June 21.
It is noteworthy that PTI foreign funding is being heard by the election commission since November 2014.
PTI founding member and former information secretary Akbar S Babar had filed the case in the ECP in November 2014, alleging financial irregularities in PTI’s foreign funding and that it received funds from prohibited sources.
The PTI has rejected the charges as baseless and unfounded.
British Journalist Simon Clark explained his Financial Times story on the PTI's foreign funding.
Says the people who donated for a charity match didn't know where their money is headed.
Says under Pakistan's law no company can bankroll a political party but Abraaj did.
British Journalist Simon Clark of the Financial Times, who reported on the foreign funding of the PTI, has said that the people who donated for the charity cricket match did not know that their money was being used to fund a political party’s election campaign in Pakistan.
Talking during Geo News' programme, "Aaj Shazaib Khanzada Kay Sath" on Monday, Clark said: "When I told them about [their money going to] the PTI, they were astonished."
He said the guests at the chairty match knew that their money would be spent on "philanthropic ventures" but they did not know precisely which charity organisation or activity the match was raising funds for.
The British journalist said the PTI admitted that Arif Naqvi's company, Wootton Cricket Limited, sent $2.1 million to it. Of the total, $1.3 milion came from Naqvi's Abraaj Enterprise. "The overseas Pakistani citizens did not send this money," he explained.
He said that Sheikh [Mohamed bin Zayed] Al Nahyan of the United Arab Emirates donated $2 million to the Wootton Cricket, adding that Naqvi and his associates, in Abraaj emails, could be seen talking about sending $1.2 million out of $2 million to the PTI, while mentioning that the money was sent by a sheikh of the Abu Dhabi's royal family. The money was transferred to Pakistan via the bank account of Tariq Shaif and Insaf Trust.
It was clearly mentioned in the Abraaj emails that the money was meant for the PTI, Clark said. But the PTI denied that, saying it was not aware that Sheikh Al Nahyan provided funding for the party’s election campaign.
The investigative reporter said it was possible that the money collected in Wootton was used for some other purposes other than philanthropic ones.
He noted that under Pakistani law, no company is permitted to bankroll political parties.
"Secondly, as far as I know, Sheikh Al Nahyan is not a Pakistani citizen. And Naqvi sent $1.2 million from his money to Pakistan for the PTI. My story elaborates that the donations collected through a cricket match under the Wootton Cricket's events were channeled to the PTI by Abraaj," he said.
Clark said he had been investigating the matter for the last four-and-a-half years.
"[During this time], I have not come across evidence of any conspiracy against Naqvi. Instead, I have seen immense evidence of financial irregularities in Abraaj."
"I have presented these facts before my friends and have written a book on it. As a journalist, I am supposed to unearth the truth. There are multiple criminal and civil cases against Abraaj in the US. Dubai's financial regulators fined Abraaj. I have been a financial journalist for 22 years but I have not noticed a similar situation in any company."
Clark added that Abraaj was an investment company but Naqvi also used it to fund charitable activities.
"But Abraaj faced problems owing to investment. This was the reason for cases against Naqvi in the US. Abraaj collected funds from investors for investment purposes and possessed funds worth one billion dollars for building hospitals. Abraaj received money from different investors, and organisations, including the Bill Gates Foundation. That aside, the firm received funds from the US, British, and French governments as well."
"The Abraaj executives, however, spent this money on other expenditures like salaries and bonuses. I have complete documentary evidence regarding this," Clark asserted.