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PAGE 02JOHNSON, CLIFTON DC202337346212/21/2001 13:

JOHNSON aCLIFTON. L.L.P.ATTORNEYS ATLAW

THE WATCBCATC OFFICE BUILDING!SUJTI aoa

Z*OO VIRGINIA, AVEHUtt N.W,WA9H1N&TON. D.C. IOO37-IB0S

TEL; {2OI1 317-CUaaFXI [Znai M 7 J J I

ainMlMKHAj,; O F F I C ESUITE IOS

738 S H A D E S C H E E K rnnnv*M.tDINMINCHAM, AL3B1QO-4 / )70-90f lF * * ! 11O9) m O - V J n o

^ROBERT W. JOHNSON II

December 21,200 1 fit.1 - /re ^PcfiJBV EAHG5 PELWEHLY1L KicSwtd NewccsnbDirectorOffice of Fcs riga A ssets Co ntro lDepartment of the T reasu ryTreastiry AnnexPennsylvania Avenue and Madison Place, N.W.Washington, DC 202 20

Re: Yaasin Abdullah Kadi

D ear Mr. Newcamb:I am writing onbehalf ofYassin Abdullah. Kadi toprovide the Office of ForeignA3sct3 Control (OFAC) with certain information to demonstrate that Mr. Radi has DO

connection whatsoever to terrorist activities,11Enclosed, is Mr. Kadi's Witness Statement of 17 December 2001 with accompanyingexhibits. These ma teria ls were; submitted toHM Treasury on 18 December 2001 incormcctioD with legal pro cee din gs initiated by Mr, Kad i in the United Kingdom against HMTreasury.2 The Witness Statement was also submitted insupport of Mr. Kadi's Applicationin the European Court of Justice under Article 230of th e EC Treatyfora declaration thatCommission Regulation (EC) No. 20622001 of19 October 2001 andCouncil Regulation(EC) No. 467/2001 of 6 M arc h 2001, are, inso&r a s they relate to the Applicant void.Fo r completeness also enclosed isa copy of the Statement of HM Treasury officiaJ

Joseph Halligan owh ich Mr. Ka di has replied.1 On Pectmter 13,2001 , OFAC issued a specific license. License N o. SD G T- 8, {Wroiittfng our firm, inter alia, torepresent Mr. K*di bsforo OFAC andother U.S. government agencies and courts In connection with Mr. KitJi'sefforts ID obtain tha release of assets blacked at the direction o f OFAC an dtohave his nam e removed from OFA C'sHit of Specially D esignated Glo bal Tarrrar isu.: Yassin Abdullkb Kadi, Claimant and HMTreaamy, Defendant, toTho High Court OfJustice, Queen's BsnchDivision, Administrative C our t, In The Matter Of Att Application For Judicial fosview And )n The Matter QlAnAptiflmiton Under The Tqroriara (United Nations Measures') Order 2001 And InThe Mawr of YBBSIO AbdullahKadi. CO/4528A31 andCO/4532/Dl,

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1 .21/2801 13:49 20233/'d^b* JUHNSUN, UL inun UL , r A U t H

The enclosed video exhibit, "MUWAJFAQ relief lorries in joint operation withUNKCRT, is in European format, the original formal in which it was submitted as en exhibitto Mr. Kadi's Witness Statement A copy in U.S. format will be submitted to OFAC byseparate cover.

Mr. Kadi's Witness Statement is a detailed rebuttal of the allegations made againsthim in the United Kingdom, as set out in information provided by the U.S. TreasuryDepartment to HM Treasury. Its hia W it ness Stafcameiffit Mr. Ksdi refutes a!I ftbeallegations in detail suad demswcsimtes that at 00 time laps beb a d nwy Btn!t or caameesJojiwhatsoever wit& Jerrartsts , por isas be suppor ted Osama bis Laden, AKJ&ida, orffisiauajj, or any offeer terrorist faadnvMnal, girtsap or orgEEBiEmtffoa in cny way.

Addntm aal SHbaMiaflSoiiaP t o Off A CWe must emphasize tills is only our initial submission to OFAC; we intend tosupplement it in due course with additional information developed by counsel and also withany information feat may be requested by OFAC during the course of these proceedings Asmentioned in our November 29, 2001 Application for a License, we intend to provide OFACwith detailed information on Mr. Kadi's business and financial activities, and otherinformation that may be requested. This will include very detailed information on MrKadi's business.ventures, financial holdings, and charitable activities that vrill demonstrateconclusively that OFA C ma de an error in blocking Mr, Ka di's assets and designating him asa Specially Designated Global Terrorist ("SDG T").

Our approach wiH be as open, caudid and forthright as possible. Mr ICfldi hasapproved tills approach, and he is willing to provide OFAC, and other agenda anddepartments of the U.S. Government with any and all relevant information that may berequested, subject to confidentiality concerns, as explained below.Such information is intended to assist OFAC in making a correct determinationregarding Mr. Kadi. The information that may be provided should assist the U SGovernment in its mandate to identify actual terrorists and activities that support them, butnot to sa nc ti ^ innocent persons or entities. This is essential because the iafommtJoo use

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13/21/2001 13:-19 2923373462 JOHNSON, CLIFTON DC PAGE 04

Skidtnortt Owings & Merrill, one of the ' largest and most prestigious architectural firms in theUnited Slates.3In 1980 Mr. Kadi began his business career as Vice President of a company, whichrepresented Am erican H osp ital Su pplies in Saudi Ara bia Ov er the past 20 years he hase)rpanded his business and financial operations successfully to a number of countries,including the United Stales, Great Britain, Canada, Malaysia, Turkey, Pakistan, Jordan,Lebanon, B osnia and A lban ia. To summ arize Mr. Kadi 's business ventu res, he is a respectedbusinessman and financier, active in banking; construction; real estate development;manufacturing; technology; mining; food processing and distribution; healthcare andPharmaceuticals; media and broadcasting; and international trade, as well as investing in thestock ma rke t He is also involved in v arious educational and charitable activities.

Im&QBitmn of SanctionsOn October IS, 2001, a. "Notice of Blocking" was sent to Mr. Kadi informing himthat, pursuant to Executive Order No. 13224 (6 6 Fed Reg. 4-9079) of September 23, 2001,"the OfSce of fo rei gn Asse ts C on tro l.. .added your name to the list of persons who commit,threaten to commit, or support terrorism (Specially Designated Global Terrorist (SDGT))."The Notice of Blocking also advised Mr. Kadi of the blocking of certain assets; trie need forlicenses) for various transactions; the applicable penalties; and the procedures forchallenging OFAC's determination. *At or around the same time, similar measures - which Mr. Kadi is challenging - were

taken against him in various other jurisdictions, including the United Kingdom, Switzerland,and the European Un ion .

ImipiSHci on M r . KnollThe purported blocking of Mr. Kadi's assets and his listing as a "global terrorist"have had a aerioua adverse impact on Mr, Kadi's reputation, business, and his family, as wellas his health. As st&&& in our November 2? Request far a License, it is frankly difficult toconceive of a more serious allegation against anyone than designation as a "SDGT'.

3 Mr. JCsdi p^orfcsd with the design group developing the master plan and contract dosumentnrlon of the MeccaCumpus of tho King Abdul Aziz University. The notice of Blocking wua ua^t to Mr. Kadi in care of Global Diamoad R csou rco, In c G3S faocpxt Strict, LnJoIIa, CA 92307-421 3.

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12/71/20BI 13: 2023373,62 J m m CLIfJm DQ

Camfiidte^lafiy Cc?EacMeraC|[QBc'^P'It is eKtrancly important to recognize that Mr. Kadi's Witness Statement is adirectresponse to information provided to his legal representatives in the United Kingdom pursuantto court order lim iting its use . Su ch information ca n only be used in submissions for thepurpose of challengin g freezing orders ma de against M r. Kad i. The exact terms which auplvpursuant to a Consent O rder, d ated 7 December 20 di , arc, the following:

uThc Claimant [Mr. Kadi] has permission touse the First Statement of JosephHalligaa dated 16 No vem ber 2001 for the purpose s of proceed ings challenging freezLorders made against him in the United States, Switzerland, by the European Union or anyother jurisdiction which has made or may make such onfcrs against him, and for purposes ofmaking r e p r e s s i o n s to the United Nations with a view to removal of the Claimant 's [MrKad i's] name from the UN Taliban Sanctions L is t"Since all the information in the enclosed Witness Statement and accompanyingexhibits, and other enclosures to tola letter, including thai in Assistant Secretary HaJlican'sStatanenl , * restricted from disclosure by court order, we respectfully request that OFACaccord the same treatment to such information ^dprohibit fe. release to kc public Wefurther require thai./e be given wriUen notice at least 4S hours in advance if OFAC isc o n t e m p l a t e p u b I l C release of th is re stric te d i r u b ^ o n so w e can seek clarification^permission orrerfrcss from an appropriate co urt s). wanncanon /

We may also ask ifaaz certain information in our submissions, not already protectedfrom disclosure bycourt order, be regarded as "b usin ess confidential" p u J J ^ toapplicable i^giUations, or othe rwise regarded as sensitive and confidential tT pro tec suchfi-om disclosure to M r. K ad i's bu siness competitors. P

^eagateat for Meetingff ca u se of the drastic effects of the Notice of B locking and "S f GT designation onMr. Kadi ' s b^ in es s an d the prejudicial impact on his li ft , we would l ike to a x ra te T S c S in "as soon as possible to discuss this matter. At such meeting we hope OFAcZm^l^ofm y ^ of concern and specify what additionaj i n f o n n X i couW be au bm i^ d tod r * /Kadi's name and mig ht prov e otberwiac beneficial e m i t t e d to cJear Mr.

I will call your office next week to s e c what t ime would be convenient for a c t i n g .Sincerely,

Rober t W. J o h n s ^ I IEnclosures F o r Y a s s i n Afaduliali Kadi

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!N THE HIGH COURT OF JUSTICE CO/ 452??/ f?1and Cp/45X2)01QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURTIN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEWAND IN THE MATTER OF AN APPLICATION UNDER THE TERRORISM (UNITED NATIONSMEASURES) ORDER 2001ORDERED TO BE LISTED TOGETHER BY ORDER OF THE HONOURABLE MR JUSTICESCOTT BAKER DATED 12 NOVEMBER 2001AMD IN THE MATTER OF YASSIN ABDULLAH KADJ

YASSIN ABDULLAH KADIClaimant

-and -

HM TREASURYDefendant

WITNESS STATEMENT OF YASSIN ABDULLAH KADI DATED 17 DECEMBER 2001PLUS EXHIBITS

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IN THE H IGH COURT OF JUSTICE CO/ 4528/ 01and CO/4532/01QUEEN'S BENCH DIVISIONADMINISTRATIVE COURT

. IN THE MATTER O F AM APPLICATION FOR JUDICIAL REVIEWAND IN THE MATTER OF AN APPLICATION UNDER THE TERRORISM (UNITED NATIONSMEASURES) ORDER 2001ORDERED TO B E LISTED TOGETHER BY ORDER OF THE HONO URABLE MR JUSTICESCOTT B AKER DATED 12 NOVEMBER 2001AND IN THE MATTER OF YASSIN ABDULLAH KADI

YASSJN ABDULLAH KAD I Claimant- and -

HM TREASURY Defendant

WITNESS STATEMENT OF YASSIN ABDULLAH KADf

i , YA SS IN A BD UL LA H KAD I of Fars i Center, West Tower, 11 th Fioor, Suite 1 103. WalyAf-Ahd Street, Ruwais District, Jeddah 21411, Saudi Arab/a, SA Y A S FOLLO WS:-

1. I make this witness statement in support of my application to the High Court foran order sett ing aside any direction made by HM Treasury against me on orabout 12 October 2001 and/or In supp ort of m y claim for Judicial Review seekinga Quashing Order In respect of the decision of HM Treasury to direct all UKfina ncia l institutions to freeze my assets . As stated in the Cla im Form and Notice

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of Ap plicatio n, it is not clear whether HM Tr easu ry has Issued a direction againstme under the relevant legislation and I have been advised to make both of theapplications.

2. There is exhibited to this statement marked "YAK2" a paginated bundle ofdocu me nts to which I refer. Page references in this statement are to thepaginated bundle "YAK2". Save where expressly mentioned below, I confirm thatall the facts In this statement are within my ow n k nowledge and belief.

o 3. I was bom in Cairo, Egypt on 23 rd February 1955 and graduated in architecturalengineering frorn Alexandria University in Egypt. I am a citizen of Saudi Arabiaand my place of permanent residence is Jeddah although, by reason of myinternational business Interests, I often travel abroad including regular trips to theUnited Kingdom. I am married and have seven children.

4. I have substantial business interests in a large number of companies fn variouscountries, and I also hold positions as the Chairman and Board member of anum ber of comp anies. These companies undertake business in a very widerange of industries Including international financial services, high-tech hardwareproduction and development, software development, real estate, construction,ma nufa cturin g and health care. I am well-kno wn w ithin Saudi Arabia as well as Inother parts of the world where I carry on business, and consider that I am arespected businessman and financier. I have never provided support forterror ism, financ ial o r otherwise, and I am perso nally strongly opposed to terroristactivity In all forms.

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5. In these circumstan ces, both I and my family were dee ply shocked and disturbedH P ' when on 12 October 2001, without any form of prior notfce to me, HM Treasury

instructed all financial institutions to freeze my assets held in the United Kingdom(together with the assets of other named persons and organisations). The f irstthat I heard of this decision was the publication on that day of Press Releases byHM Trea sury and the US Treasury D epartment (see pages 1-7). The effect of theUK P ress Re leas e is to freeze all my assets and prevent me from doing any formof business in th e U K. To make matters worse, both Press Releases also brand

1 me, in no uncertain terms, as a terrorist or supporter of terrorism. On 15 October2001 (see pages 8-9), my Solicitors wrote to Sir Andrew Turnbull, PermanentSecre tary to H M Trea sury, complaining about the seriously defamatory content ofthe UK Press Release and asking that my name be removed from the l ist, andthat HM T rea sury provide to them the information and evidence upon which f was

__ inclu ded on the list.

6. On 19 Octob er 2001 (pages 10-11), the Treasury Solicitor responded to this letteron behalf of HM Treasury and stated (hat I was included on the list "on the basisof Intell igence information provided to [HM Treasury] th at [I had] been involved infunding terrorism ". The letter declined to provide the intell igence informationprovided to HM Treasury by the US Treasury Department on the grounds thatsuch inform at ion had been provided In conf idence.

7, Against this background, it was only as a result of the Order of Mr Justice ScottBaker dated 12 November 2001 (page 12) ordering HM Treasury to serve itsevidence by 16 November 2001 that HM Treasu ry has provided an y informationat a(( about the basis for HM Treasury's decision to include me on its list dated 12Octob er 2 001 and w hy H M Treasury alleges that I have been involved in funding

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terrorism. That information was supplied in the form of a statement by JosephHall igan, a ssistant secretary at HM Treasury, dated 16 November 2001. In thisstatement I shall respond in detail to the allegations made against me in MrHalligan's statement.

8. In paragraph 7 of his statement Mr Halligan states that on the morning of 12October 2001 (the date of publication of HM Treasury's list) Mr Halligan hadpassed to him a fax from the US Treasury Department dated 11October 2001(which I shall refer to as "the US Treasury Department's fax"), which includeddetails about me. A copy of this fax appears at pages 13-14. I now respond indetail to the allegations In the US Treasury D epartment's fax.

ALLEGATION"Information on AI-QadI from our long list:- Aka Shaykh Yassln Abdullah Kadj Located In Jeddah, Saudi Arabiao Heads Saudi-based Muwafaq FoundationMuwafaq Is a Al-Qaeda front that receives funding from wealthy Saudi "* businessmen"

FtESPONSE; '9. I am Shaykh Yassln Abdullah Kadi, if the Arabic letters or phonetics are

transliterated in this manner. My name has never been spelt Kadj. I am alsolocated in Jedd ah, Saudi Arabia. 1 am a Trustee of the Muwafaq CharitableFoundat ion (which I shall refer to In this statement as "Muwafaq"). Contrary tothe allegations in the US Treasury Department's fax, Muwafaq is not, andneverhas been, based inSaudi Arabia. It is also totally untrue that "Muwafaq fs an Al-

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Qa eda front that receives funding from wealthy Saudf businessmen*. Muwafaqhas never had any connection to_AI-Qaeda or to any other terrorist individual,group or organisation whatsoever.

10. it is appropriate that I should now explain some of the background circumstancesto why I and my f ive fellow Trustees of Muw afaq de cided to form Muwafaq.

11 . ' Ph ilanthro py is a central tenet of religious practice for devou t Muslims, like mostI othe r faiths. Muw afaq was founded by me and my fellow Trustees as a result of

our concerns at famine, poverty, lack of education and under-developmentamo ngst Muslims in the wo rld. W e determined to give some effect to ourconcerns by providing relief, education and the means to acquire basic skills tofoster eco nom ic development. In this regard Muw afaq w as similar to many othermajor international charity organisations.

12 . It was against this background that Muwafaq was established by Constitution andDeclaration of Trust dated 31 May 1992, copies of which are at pages 15-27. All

) of my fellow Trustees a nd I we re thereby appo inted as original members of theFou nda tion Council and Trustees of its assets.

13 . As wil l be seen from pages 21-22 the principal objectives and purposes ofMu wa faq are in sum mary to provide relief to and fo r any individual suffering as aresult of natural disaster, wars, revolutions, civil unrest of any description andfam ine; to prov ide financial assistance to orga nisatio ns, institutions, hospitals, resea rch centres to improve the standards of educa tion of heafth of the needy; toprovide guidance and education by compiling, print ing and distributing books,

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tapes, video tapes, newspapers, magazines and other publications; and othercharitable purposes.

ALLEGATION:"B lessed Re l ie f Is the Eng l ish t rans la t ion"

RESPONSE:14 . Blessed Relief Is the name which has been given to Muwafaq in various

new spap er articles. Muw afaq has never, how ever, adopted the name BlessedRelief as the English transfatlon of its name,

ALLEGATION:"Ch af lq Ay ad l c la im s tha t Yas ln Qad i was h is par tner In Muwafaq, Germanyand that ha recerved 286,000 Deutsche Mark In a Muwafaq bank accountf rom Y ass ln AA Kad i Sarmny L td . , I s tanbu l "

RESPONSE:15. Contrary to the allegations In the US Treasury's Department's fax. Chaflq Ayadi

wa s never a partner" of mine In Muwafaq, Germ any. It is not at all clear to me' wh at the US Treasury Department me an when they describe Chaflq Ayadl as my

"partner". He wa s in fact an employee of Muw afaq , employed as director incharge of Muwafaq's European activities from 1992 to 1995. During this time, Itransferred substantial sums of money to the account of Muwafaq in Bosnia,through European correspondent banks, for the charitable objectives ofMuwafaq , specifically to further Muwafaq's charitable objectives and purposes inBosnia and Croatia.' Fora limited transitional period while Muwafaq was awaitingregistration in Germany I also transferred sums of money to Chaflq Ayadi'spersonal account. I made ail of the foregoing payments which in total probably far

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exceeded DM286,000, for the sole purpose of the charitable objectives ofMuwafaq , in particular to assist Muslim refugees in and from Croatia or Bosniaand to provide them with relief and education. Ma ny of these activities werecarr ied ou t by Muwafaq in co-operation with the United Nations High Commissionfor Refugees (UNHCR) as is evidenced by the v ideo marked "YAK3" to which Irefer showing Muwafaq relief lorries ina joint operation with UNHCR. I also referto the sti l l photographs at pages 28-29 of "YAK2" show ing the emblems ofU N H C R and Muwafaq appearing side by side on a Muwafaq lorry. All the

) foregoing sums were applied exclusively for MuwaFaq's charitable purposes.'Atno t ime have I or Muw afaq ever provided any ma terial or financial support for anyterrorist Dr similar activities or purposes. More over, Muwafag's standinginstruct ions to all Muwa faq's employees were that they w ere strictly to adhere tothe laws and regulations of all countries where Muwafaq worked and not to

^- enga ge Muwafaq Inany activities outside the strict cha ritable purposes laid down"" inMu wa faq's Constitut ion and Declaration of Trust.

ALLEGATION:[ 1 "Directly tied io bin Laden. In an Interview, bin Laden said, ."The bin-LadenEstablishment's aid covers 13 countries.... This aid comes In particularfrom the Human Concern International Society". Bin Laden goes on to lista number of HCI's branch organisations and Includes iWuwaffaq Society InZagreb."

RESPONSE:16. There is a footnote to the US Treasury Department's fax (page 13) which refers

to an article in "FBIS" dated 31July 1995 entitled "Islamic Financier BinLadfnInterv iewed on Sudan, Iran Ties". I shall refer to this as the "FBIS Article", A ^ * * 5 *

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copy of the FBIS Article appears at pages 30-33 . I believe the initials FBIS standfor Foreign Broadcast Information Service.

17. Con trary to the allegations in the US Treasury Dep artment's fax:-

17.1 Mu wa faq has at no t ime been a member or branch organisation of HumanConcern International Society.

17.2 The "Mu wa ffaq S ociety in Zagreb" referred to in the US Treasury Department'sfax (pag e 13) is not the name of the Muw afaq Foun dation founded by me andmy fellow Trustees. At pages 34-40 are documents relating to Muwafaq'soperation in Bosnia and Croatia in which Muwafaq is referred to as MuwafaqFoun dation or.Fonda cjja and nowhere is It referred to as Muwaffaq Society.

Addit ionally, fo r the reasons explained below, I have grav e doubts as to whetherthe so-called interview with bin Laden ever took place.

18. It is clear on the face of the FBIS Article that the alleged interview with bin Ladenlacks a ny d eg ree of credibil ity at all. As wo uld b e apparen t to any critical readerthe so-called interview with bin Laden must be of highly doubtful authenticity forthe following reasons:-

16.1 The "s ourc e d at e" of the FBIS Article is stated as 31 July 1995 and yet it purportsto be based on ah interview with Usamah bin Ladfn published in the EgyptiaiAra bic langua ge publication Rose Al -Yusuf nearly a year later, on 17 June 1996.

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18 2 The FBIS Art ic le a l leges that the i n te rv iewer Fay i zah Sa'd in terviewed binLaden * woufd have assessed the veracity or authenticity of this alleged interview at thetime the FBIS Article first came to their attention.

- i 19. Quite apart from the above, the FBIS Article is inherently Implausible in severalimportant respects. Bin Ladln Is quoted as saying he was bom In Mecca, SaudiArabia and is 44 years old. However according to the Interpol website(www.intetpal.int) at page 41 bin Laden was bom In Jeddah on 10 March 1957,and so would have been 38 or at most 39 if the interview took place in 1996 and

even younger if it had taken place any earlier.

20. In the FBIS Artide the interviewer alleges (on page 32) that bin Laden was one of /*"c" the founders of the Human Concern International Society "with the help of Iranian

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government and the CIA". The interviewer also quotes bin Laden as saying he is"on a m issio n for the US Embassy in London ", The notfon that bin Laden haseve r acte d for or on behalf of the US Em bassy in London is frankly preposterous.

21 . In addition to this, if bin Laden had visited London and been interviewed in the1990 s, as has been alleged in the FBIS Article, I wo uld expect-this to have been Ureported by one or more of the leading London-based Arabic languagenewspapers. They have not reported on any such visit or interview by Bin Laden.

ALLEGATION:"Saud i bus inessman have been transferring millions of doffars to BinLaden th rough B lessed Relief. Saudi busine ssm en deposited $3 millionfrom the National Commercial Bank, which was run by Khalid Bin Mahfouz,In to th e accoun ts o f t he Blessed Relief and other c harftles that served as afront for bin Laden."

" RESPONSE:22. According to the footnote to the US Treasury Department's fax (page 13) the

document relied on by the US Treasury Department In relation to theseallegation s consists of a newspaper article published In USA Today dated 29Oc tober 1999 entitled "Saudi Money aiding bin Laden" (pages 42-43). Onceaga in the allegations are totally untrue. Contrary to the allegations in the USAToda y art ic le:-

22.1 M uw afaq has never ha d any account with the National Comm ercial Bank (NCB).In any e ven t, as appears from articles published in the UK and US press (theGuardian dated 26 September 2001 and the Chicago Tribune dated 28 October2001 pages 44-51) NCB senior officials have vehemently denied the existence of

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any Saudi government audit showing that money had been diverted to Muwafaqand transferred to Bin Laden and described the allegations as "incorrect, falseand frivolous".

22.2 At no time hav e either I or Muw afaq ever contribu ted any funds or otherwisesup por ted bin Lad en or al Qaida. At no t ime have either I or Muwafaq ever actedas a co ndu it or chann el for funds being passed to bin Lad en or al-Qaida.

22.3 It is totally un true that Muw afaq was involved In the attempt to assassinatePre siden t M uba rak of Egypt. In this regard the USA Today art icle repeatsallegations made in 1995 In the newsletter Africa Confidential linking Muwafaq tothe attempted assassination in 1995 of President Mubarak of Egypt J and myfeliow Trustees of Muwafaq were completely vindicated of these allegations Inproceedings for l ibel which we commenced in 1995 in the High Court in Londonaga inst the ed itor and publisher of Africa Co nfidential. Those proceedings (whichI shall refer to as "the Africa Confidential Libel Proceedings") were settled byme an s of a Co nsent Order dated 30 May 200 1 (pages 52-53) under which AfricaConfidential agreed to pay a substantial sum to me and my fellow Trustees,undertook never to repeat the allegations complained of and agreed toparticipate in an agreed Statement In Open Court (pages 54-56) retracting thealleg ation conc erning the attempted assassination of President Mubarak of Eqyptand apo logisin g to me a nd m y fellow Trustees. To reinforce how totally baselessthis allegation is, I would add that earlier in the Africa Confidential LibelPro cee ding s, M r Justice Moses by Order dated 30 June 1997 struck out that partof Africa Confldential 's Defence which sought to contend that Muwafaq was

. linked to the 19 95 assassination attempt upo n President Mubarak. Moreover in

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striking out this part of the Defence MrJustice Moses refused Africa Confidentialpermission to appeal.

ALLEGATION:"Al-Qadl has a vast financial empire linked to funding terrorist activity:"Implicated In Hamas funding network.- Kadi International channelled $820,000 to QLI to acquire a property inWoodridge, Illinois in 1S91. The complex series of transactions warestructured In a manner that obscured Kadi's connections with QLI.

._ QU provided funding for Hamaa via Mohamad Salah from 1991 through1993. Salah has residence Fn Chicago and was arrested In February1993."

RESPONSE:23. I completely deny that anypart of my personal or busine ss Interests anywhere in

the world is l inked to "funding terrorist activity". It Is also totally untrue that I amconnected in any manner to any Hamas funding network. In regard to theproperty In Woodridge, Illinois there was no "complex series of transactions"undertaken to "obscure" my connection to QLI (the Quranic Literary Institute).The- true posit ion is quite the reverse as appears from the background to this

r ' transaction as follows:

24. Between 1979 and 1981 I workBd as a trainee for Skidmore Owings & Merrill, theinternational architectural firm based inChica go, USA. Wh ilst living in Chicago Imet Dr Ahmad Zaki Hammad (whom Iwill refer to as "Dr Zak f ) inabout 1979. DrZaki was introduced to me by my brother-in-law, who knew Dr Zaki's family. DrZaki is, thus, an oldfriend of my family.

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25 . Dr Za ki is an em inent scholar with two postgraduate deg rees including a P h. D inIslam ic Studies from the University of Chicago. He has written numerous booksand papers on the Islamic Faith. From my long association with Dr Zakl I can saythat, to the best of my knowledge, he is not an extremist and he is against al lform s o f terrorism. So far as I am aware, Dr Zaki abhors terrorism and violence.

26. In th e early 1990's whilst I was visiting Chica go, I visited Dr Zaki. Dr Zak i invitedme to participate financially as a supporter of the QLI, a major charitabfe project

c wh ich he was then establishing. Dr Zaki explained to m e that the objects of theQLi were the translation and interpretation of the meaning of the Quran forAmericans, the English speaking community'generally, and others so that theycou ld understan d Islam. The idea was to make Islam understandable to personsof other faiths in order to try and bridge the gap of knowledge between Islam and

" " X " . othe r faiths. This would be achiev ed by presenting the meanfng of Islam's HolyBook, the Holy Quran, in a cleariy understandable English document, thusexplaining it to English speaking people and furthering understanding betweenreligions. By way of example QLI has published books entitled "the Opening ofthe Quran" and "One God The Everlasting Refuge". For the latter ti t le I wrote areview which appears on the back cover. Copies of the front and back covers ofthese books are at pages 57-60.

27 . I ag ree d to supp ort these charitable purposes of the QL I by extending to the QLI a loa n o f $820,000 by way of a "Qard Hassan", which is an Islamic concept ^ess ential ly equivalent to an interest-free loan in favour of a charitable caus e. Iagreed with Dr Zaki and his fel low board members of QLI that the sum of$820,000 would be applied to the purchase of land and its development as an

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investm ent. We agreed that a!! profit and procee ds of the transaction wouldacc rue for the bene fit of QLI's Holy Quran Project. The idea was to make QLI aself-f inanc ing institut ion as soon as practicable.

28 . Pursuant to the "Qard Hassan" I transferred the sum of 3820,000 in July 1991.Dr Zaki and his fellow board members of QLI gave me the details of thedes tination account whe re this sum was to be sent. The transfer of this sum wascarried out with the utmost transparency from my account at Faisal Finance In

" Ge nev a, Sw itzerland into the destination bank account In the US A. Falsa!Finance is a w ell-known f inancial Institution in Sw itzerland.

29. I also agreed to the request of Dr Zaki and his fellow board members of QLI totransfer some sums of money to .the account of an individual named MohamedSalah w ho w as involved with QL I. They explaine d that QLI, as a nascentinstitut ion, could not at that time undertake any financial burden resulting fromem ployin g any editors, computer operators or other employees. It neededmoney, amongst other things, to pay editors, computer operators and otherpersonnel to work on the Quranic Project and to purchase equipment for thisproject. I agreed to the transfer of certain monies to Moham ed Salah for thosepurposes.

30. During my visits to QLI to see Dr Zaki and his fellow QLI board members I metMohamed Salah on at the most 2 or 3 occasions. Mohamed Salah In factoccupied the same building as QLI and I understood that he was involved withhelping QLI, especially Dr Zaki, on the Quran Project. I set out below the moneytransfers I mada to Mohamed Salah. On ce again these were made from my

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account at Faisal Finance in Geneva, Switzerland. Aside from this, I have neverhad any l ink or connection to Mohamed Salah. Also , until I heard aboutMo ham ed Saiah 's arrest, I was not aware, directly or indirectly, of any activitythat Moh am ed Sa lah had outside the sphere of Islamic Charity in the USA. Imade the following transfers to Mohamed Saiah's account at the express requestof Dr Zaki and his fellow board members of QLI exclusively for the purposes ofQLI's Holy Quran Project:

From Faisal Finance: 3 March 1992 $27,000Uune 1992 $30,00014 Sept 1992 $50,000

31 . After Mohamed Salah was arrested In Israel in January 1993 Dr Zakl contactedme expressing the total shock, disbelief and bewilderment of him and his fe(low_board me mb ers o f QLI at the news of the arrest. I too was h orrif ied upon hearingthe news. Unti l then neither I nor so far as I am aware any of the QLI board hadthe slightes t Idea that Mohamed Salah was eng aged In any su ch alleged terroristactivit ies. On 25 February 1993, immediately upon learning of the news ofMohamed Safari 's arrest, i naturally gave instructions to my bank to stop a wiretransfe r to Mo ham ed S aiah's First Chicago account In the sum o f $60,000. Onceagain, this transfer was expressly requested by Dr Zaki and the QU boardme mb ers for the purposes stated in paragraph 29 above. A copy of my faxinstruction and trans lation appears at pages 61-6 2.

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32 . All these transfers and the $820,000 transfer in July 1991 were made with theutmost transparency to US bank accounts from my account(s) at Faisal Financein Geneva, Switzerland. It is highly unlikely that anybody who intended to makepayments supporting Hamas or any other terrorist group would have transferredthem to a person in the USA via the US banking system with such openness andtrans pare ncy . It wou ld appear to me that if I had wante d to support Ham as or anyother terrorist group (which I repeat I never have) there are numerous other waysthat goal could have been achieved mare effectively and secretly.

33. I should add for completeness that, In addition to the above, in 1992, at theexpress request of Dr Zaki, I transferred sums totalling In the region of $250,000- $300,000 to Dr Zaki for the charitable purposes of QLI and for his own personalaccount.

34 . Contrary t o the allegations In the US Treasury Departm ent's'fax. my transactionswith QLI were never 'structured in a manner that obscured [my] connection toQLI". I refer to the Mortgage document dated 31 December 1991 (pages 63-67),executed by Midland Federal Savings and Loan Association as Trusteeexpress ly in favour of "Kadi International Corp." (defined as "Lender"), a companyasso ciated w ith m e. This Mortgage docum ent relates to the Wo odridge, Illinoisprop erty. Th e docum ent provides by Clause a (headed "Notices") on page 65 forany Notice to Midland Federal Savings and Loan Association to be copied to theQLI.

35. Moreover, attached to the Mortgage document is a Loan Note dated 31December 1991 (pages 68 to 70) in which Midland Federal Savings and Loan

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Ass ocia tion, as Trustee, promised to pay to the order of K adi International Corp.the principal sum of $820,000. This document reflected the "Qard Ha ssan '. TheLoan Note expressly provided in the first paragraph that no interest shall bepaya b/e on the principal amount of $820,000. The Loan Note also expresslyprovided (in clause 4, page 69) that any Notices to Midland Federal Savings andLoan Association were to be copied to QLI.

36 . Finally, for completeness, the connection between my company KadiInternational and QLI Is also clearly apparent from the Guarantee (pages 71-72}attached to the Mortgage. By this document QLI guaranteed tha obligations ofMidland Federal Savings and Loan Association under the terms of the LoanNote.

37 . Thus, contrary to the allegations in the US Treasury Department's fax, theconnection between QLI and Kadi International Corp. Is plainly apparent on theface of the documents. 1 believe all these documents were prepared by QLfslega l re prese ntatives and J took It for gran ted that they would deal with allnecessary formalit ies connected with the transaction including appropriate f i l ingand registration.

38. Th us , far from "obscuring" [my] conne ction to Q LI , the transaction was structuredopenly and transparently, making clear the relationship between the part ies andthe involvement of myself, as provider of the funds, and my company Kadiinterna tional Corp as beneficiary of the Loan No te.

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39 . HM Treasury rely on an Affidavit of Mr Robert Wright dated 9 June 1998 inforfeiture proceedings in US v One 1997 E;35 Ford Van et al, US District Court,Nor thern District. !llinols98 C 3548. I will refer to this as the "Robert WrightAffidav it" and the procee dings as "the forfeiture proceedings". In paragraph 34 ofthe Robert Wright Affidavit. Mr Wright criticises the fact that the Mortgagedocu m ent w as not executed until som e months after the loan was made. As ageneral point I would state that transactions and dealings that would, in the W est,generate a very significant amount of documentation are frequently effected byArab parties with a minimum amount of paperwork, particularly where, as was thecase here, the parties are well-known to each other, the whole arrangement isbas ed on trust and for relfgious charitable purpose s. There is nothing mysteriousor sin ister in this. It me rely reflects a different cu lture and an alternative traditionof busine ss p ractice . From the outset the "Qard Has san* or loan of $620,000was made on the basis of trust and good faith between me and Dr Zaki for thecharitable purposes of the QLI which I believed, and still believe, to be a nobleproject. There was therefore nothing unusual about my advancing the $820,000Qa rd "Hassan without any contemporaneous docum entation reflecting this.

40 . in 1 994, the Wood ridge property was sold generating a profit for Q LI. Shortlyafter this Dr Zak! asked me to turn my charitable loan (the "Qard Hassan") intowhat is known in Arabic as a "Waqf" which is another Islamic concept, the closestanalogy to which in Western culture is a religious charitable trust This "Waqfwas to be used for the purchase of premises for QLI. I verbally agreed to this.

41. According to the Robert Wright Affidavit, for the next 4 years, the proceeds ofsale of the Woodridge property remained largely undisturbed in a simple interest

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be arin g ac cou nt of QLI. This is hardly consistent with the notion that the fundsw er e intend ed, or needed, to support a terrorist organisation. Moreover, sinceQLI had tax exempt status, it was subject to increased scrutiny and detaiteddisc losu re requirements under Federal and State law in the United States. Inview of this, the proceeds of sale, held for 4 years in QLI's account, would hardlybe suitab le for f inancing terrorism. During this 4 yea r period, QLI were engagedin finding suitab le premises . Indeed , they had found suitable premises, whichthey were preparing to purchase, at the time the forfeiture proceedings started In

N 1998 .

42. In 1998. I was told by Dr Zaki of the forfeiture action taken in respect of theas se ts of QL I. Without waiving privilege, I obtained advice from Jones, Day,Re avis & Po gue, a prominent US law firm, on the situation. It must be noted thatI nev er rece ived formal service of the forfeiture proceeding s. Indeed, Iunderstand the case docket for the forfeiture proceedings has no record of theUS Government formally serving either me or Kadi international Corp. with thefor fei tur e pro cee ding s. I now regret that at the time I did not take any steps tointervene in the forfeiture proceedings, or to have the assets unfrozen andespecially that ] did not challenge at the time the false assertions made in theRo be rt Wrig ht Aff idavit. '

43. Apart from the specif ic sums I have mentioned above I made no other paymentsto Q L I, D r Zak i or M oham ed Sala'h or to any of the othe r parties referred to In theRo be rt W right Aff idavit, ail of whom are unknown to rne. .

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44. I do not know who Mr Wright is referring to when, in paragraph 35 of tha RobertWright Affidavit, he claims that "Kadi International" has "disavowed anyrelatio nship with Q LI". Quite clearly, Kadf Internationa! Corp. had a relationshipw ith QLI, as 1 have outlined above and that relationship was clearly apparentfro m the gover ning docum ents.. If Mr Wright is relying here on a statement madeby a representative of BMI Inc. then they had no authority to speak on behalf ofKa di Intern ational C orp. Regrettably, the US authorities, and Mr Wright inparticular, did not take any steps towards contacting me before Mr Wright madethe asse rtions in the Robert Wright Affidavit. Had they done so, I would havecorrected the many false assertions and allegations he has made.

45 . Finally, I would add, in relation to Mr Wright, that according to his own legalComplaint, Mr Wright was Investigated for misconduct (sexual harassment),

& &

subjected to disciplinary proceedings, and removed from his position on the FBI'sInterna tional Terro rist Squ ad. I refer to the documen ts appea ring at pages 75-92.

ALLEGATION:"Ma i l i ng add ress found In Kadl/QLJ transaction documents:

Kadi International CorpC/o BMI Inc.1 Harmon PlazaSacaucus, New JerseyAttent ion: Gamal Ahmed r

RESPONSE:46. ft is not dear to me from the US Treasury Department's fax what, If any,

wro ngd oing BM I Inc or Gamal Ahmed are meant to have carried out BMI Inc.

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was a company which at the time was working as managing agents in the USAfor some of my investments In a real estate fund and a leasing fund. BMI Inc.has since become insolvent and I and other investors lost our money investedwi th th em . I believe that Gamal Ahm ed was an employee of BMI. His name wasgiven as a contact name for which payments to Kadi Intemationai Corp. shouldbe add res sed . This accords with entirely usual business practice and there isnoth ing unus ual or sinister about it.

ALLEGATION:"D ire cto r, G lobal Diamond Resources, an Am erican company. Yassln AJ-Kadl sits on the Board as a representative of one of two forefgn,anonymous, Investor groups that have a controlling Interest In GfobalD iamond . "RESPONSE:

47. It is com pletely unclear to. me w hat, if any, wrongdoing Global DiamondRe sou rce s is meant to have carried out. The a llegation that I sit on the Board ofGlobal Diamond Resources as a representative of one of two "foreign,anonymous, investor groups" is calculated to create the most mysterious and

j sinis ter of impressions about m e. The allegation is totally untrue. I refer to USSec urit ies and E xchange C omm ission Form 1Q-KS8 for the Fiscal year ended 31De ce m be r 20 00 at pages 93-127 which is a publicly available document. As isperfectly clear from pages 121-124. I serve on the Board of Directors of Globa)Dia m ond Reso urces as a nominee of New Diamond H oldings Limited, which is afam ily com pan y ow ned by me and my wife, on behalf of our children. This Isexpressiy stated in Form 10-KSB, as US Treasury Department could easily haveascertained had they made the most cursory of checks by reviewing documentsfiled with the Securit ies and Exchange Commission.

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ALLEGATION:"Dir ect or, Shifa International Hospitals In Pakistan"RESPONSE:

48 . !t is completely unclear to me what, if any, wrongdoing Shlfa InternationalHo spita ls is meant to have carried out. It is true that I am a director of ShifaInter nat iona l Hospitafs L imited, wh ich is a public limited company based InPa kist an. Docum ents relating to this are at pages 128 -153. It is not clear to meon what basis this Is claimed to be a separate ground by US TreasuryDe par tme nt of criticism against me. Shjfa International Hosp ital in Islamaba d,Pakistan, is a multlspecfallty healthcare Institution which provides the highestquality medical care to patients in a caring and compassionate manner by anoutstanding team of healthcare professionals. It is one of the leading hospitals InPakistan with state of the art equipment and medical facilities.

ALLEGATION:"Vice President MM Badkook Co. for Catering and Tra ding ."

RESPONSE:49. It Is comp letely unclear to me what, if any, wrongdoing M M B adkook Co. is meant

to ha ve ca rried ou t It Is true that 13 years ago I was Vice President of MMBa dko ok C o: for catering and trading. Docum ents relating to this are at pages154-159. Once again, I do not understand on what basis this is claimed by USTrea sury Department to be a separate ground of crit icism against me.

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ALLEGATION:"Owns Al-Abrar Group International, Dr Wan Muhamad Hasn! WanSufafman Is the Founder, President and Chief Executive Officer of AbrarGroup international." .

RESPONSE:50. !t is completely unclear to me what, if any, wrongdoing Al-Abrar Group

Internat ional is meant to have carried out. It is true that 1 do ownpart of AbrarGroup International of Kuala Lumpur, Malaysia. The document relating to this isat page 160. Dr Wan Muhamad Hasnl WanSulalman is the founder of AbrarGr oup International. Once again, it is not clear to me on what ground this isc la imed as a separate basis forcriticism against me.

51. Global Diamond Resources, Shlfa International Hospitals, MM Badkook Co forCatering and Trading and Al-Abrar Group International are all completely

- legit imate and lawful businesses with which 1 am now or have in the past beenassocia ted. I am at a loss to understand how my association with thesebusinesses can be used as evidence that I am somehow involved In providingsupport for terrorism.

ALLEGATION:"His brothsr Omar Al-Qadf is the Director of Mercy International - USA."

RESPONSE:52 . I do not have any brother at all. As is very weff known in Saudi Arabia I am the

only son of my parents andhave 6 sisters. It frankly beggars belief that the US

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Treasury Department followed by HM Treasury in the UK have apparently basedtheir allegations against me in part on my having a so-called brother who is adirector of Mercy International, an allegation which had they made the most basicof inquiries before publishing their list they would have found to be false. Thestatement regarding the relationship between someone called Omar Al-Qadi andme is comp letely untrue. Since the case aga ins t me Is based, in so easilyverifiable a matter, on a factual error, I am ver y conc erned that, the otherallegations, which are even more vague and subjective, should equally beunderstood as based essentially on errors and a lack of proper analysis.

53 . Finally, as a loyal Saudi citizen, and a devout Muslim, any act of support of binLaden or al-Qalda would constitute extreme disloyalty to my own country andfaith. This is because bin Laden's acts were very harmful and damaging to mycountry a nd the Saudi people long before the 11 S eptember 2001, let alone afterthat date . In this regard I am pleased to note, and w ith gratitude, that the SaudiGo ver nm ent believ es my Inclusion fn the list wa s a miscarriage of Justice. I referto a press conference on 30 September 2001 whfch was widely reported in theSau di m ed ia on 1 October 2001 (see pages 161 to 162 ) wh ere the Saudi InteriorMinister, H is Roy al Highness Prince Naief Bin Abd ul Aziz declared;

"This ffassin Kadi] is one of the citizens of Saud i Arabia who has sufferedinjustice. The man has spoken for himse lf and he will pursue his rightseven in the U nited States of America. He is a businessman with his owncomme rcial establishment. Now w e have nothing in any way or manner

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IN THE HIGH COURT OF JUSTICE CO/ 4528/ 01and CO/ A532I 01QUEEN'S BENCH DIVISIONADMINISTRATIVE COURTIN THE M ATTER OF AN APPLICATION FOR JUDICIAL REVIEWAND IN THE MATTER OF AN APPLICATION UNDER THE TERRORISM (UNJTED NATIONSMEASURES) ORDER 2001ORDER ED TO BE LISTED TOGETHER BY ORDER OF THE HONOURABLE MR JUSTICESCOTT BAKE R D ATED 12 NOVEMBER 2001AND IN THE MATTER OF YASSIN ABDULLAH KADI

YASSIN ABD ULLAH KADIClaimant

-and -HM TREASURY Defendant

TH IS IS THE EXHIBIT MARKED "YAK2" REFERRED TO IN THE WITNESSSTA TEM EN T OF YASSJN AB DU LLA H KADI DATED 17 DECEMBER 2001

Eaa&s1 . Press Releases dated 12 October 2001 f rom HM Treasury 1-7a n d U S Depar t m en t o f the Treasury.2. Copy let ter f rom Claimant 's Sol ic i tors to HM Treasury's Solicitors 8-9d a t e d 1 5 Oc t obe r 2001 .3. Co py let ter f ro m HM's Treasury Sol ic i tors to Claimant 's Sol ic i tors 1O>11da t ed 19 Oc t obe r 200 1 .4 . O r d e r o f Mr Just ice Scat t Baker datBd 1 2 November 2001 125. Copy U S Treasury Depar tment fa x dated 11 October 2001 13-146. Co py Mu wa faq Const i tut ion an d Declarat ion of Trust

da t ed 3 1 M a y 2 9 9 2 15-277. S t i ll pho tograp hs o f Muwafaq relief lorr ies in joint opera t ion with UN HC R 28-2S8. Art ic le i n "FBIS" dated 31 July 1995 ent i t led

" Is lamic F inanc ier B in Ladin Interviewed o n Sud an, I ran Tie s" 30-33PCR1-160410.1

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9. Co py docu me nts relating to Muw afaq's work in Bosnia and Croaita 34-4010. Copy docu me nt downloaded from www.interpol.int on Usamah bin Laden 4111 . Co py article in USA Toda y dated 29 October 1999 entitled 42-43"Saudi Money aiding bin Laden"12. Co py article in The Guardian dated 26 September 2001 44-45entit led "Unlang/ing the financial web*13. Co py article in The Chicago Tribune dated 28 October 2001 46-51entit led "Mo ney trail leads to Saudi. US says. Financier denies sendingfunds to. bin Laden"14. Copy Con sent Order dated 30 May 2001 52-5315. Copy Statem ent in Ope n Court 54-5816. Copy front and back covers of T h e Opening of the Quran" and 57-60"One God The Everlasting Refuge" published by the Quranic LiteraryInstitute17. Cop y fax (and English translation) from Claimant to Claim ant's 61-62Bank stopp ing transfer of money to Mohamed Salah's account18. Copy Mortga ge dated 31 December 1991 executed fay Midland 63-67Federal Savings and Loan19. Copy Loan Note dated 31 December 1991 68-7020. Co py Gu aran ty dated 31 December 1991 between Kadi International 71-72and the Quranic Literary Trust21 . Cop y docu me nts relating to Robert Wright -v- Karen Medem achUS District Court for Northern District of Illinois. Eastern DivisionCag e 01C 5J52 75-9222 . Copy US Securit ies and Exchange Comm ission Form 10-KSB for 93-127Fiscal Year ended 31 December 200023 . Co py doc um ent s relating to Shifa International Hospital in Islamabad 128-15324. Copy docu me nts relating to MM Badkook Co. 154-15925 . Cop y do cum en t relating to Abrar Group International 160 .26 . Co py article from A l Riyadh (number 12152) dated 1 October 1992 16127. Copy translation of extract from Al Riyadh article dated 1 Octobe r 1992 162

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"i. i tvAJ Uiv i

home | news | site index

110/0112Octobor2001TAKES STEPS TO FREEZE MO RE TERRORIST ASSETSHM Treasury, in l iaison wrth US Government, today instructed financial institutions to freeze theassets.of a further 38 individuals and organisations. Those on today's l ist are believerf to havecommitted or pose a significant risk of committing or providing material support for acts ofterrorism.Chancellor of the Exchequer Gordon Brown said:r ^\"if any of those named today hold assets in the UK they will be frozen immediately. Just as there^ can be no safe hav en for terrorists we are taking decisive action to ensu re there is no safe hidingptaca for their asse ts. ."Today's l ist is a result of intell igence sharing and coordination between UK and US. Wa wiilcontinue to work with our all ies, and take a leading role internationally, to cut off the ready supplyof finance which is the lifebiood of modern terrorism."These measures are part of detai led proposals being formulated to expose, isolate andincapacitate funds being used for terrorist activities."No tes to Ed i to rs .The list of people and organisations whose assets should be frozen is:Ent l t iaaAL -HA MA TI SW EET S BAK ERIES , Al-Mukallah, Hadhnamawt Govemorata. Yemen.

V ' ^ AL -NUR HO NEY PRESS SHOPS (a.k .a . AL -NUR HONEY CENTER) , Sanaa , Yemen ,AL-SH1FA' H ON EY PRESS FOR INDUSTRY AND COM MERCE, PO Box 8089, Ai -Hasabah,Sanaa, Yemen; By the Shrine Next to the Gas Stat ion, Jamat Street, TaTz, Yemen; AI-AnjdhSquare, K hur M aks ar. Ad en , Yem en; Al-Nasr Street, Doha, Qatar.JAISH-I -MOH AMB f lED (a.k.a . ARfefY OF MOH AMME D), Pakistan. "JAM 'YAH TA 'AW UN AL- ISLAMIA (a .k.a . SOCIETY OF ISLAMIC COOPRATIONXa.k .a .JAM TY AT A L T A 'A W U N A L ISLABSrYYAXa.k.a . JIT) , Qsndahar Ci ty, Afghanistan.RABFTA TRUST, Room 9A, 2nd ROOT, Wahdat R oad, Education Tow n, Lahore, Pakistan; WaresCoJony, Lahore, Pakistan.IndividualsAG H A, H aj l A b d u l M ana n (a.k.a. SATY1D, Ab d AI-MarTarn); Pakistan.A L - H A W A T I , Mu h a mma d { a . k . a . A L T A H D A L , Mohammad Hamdi 5Bd}q)(a .k.a . AL-MAKKf,Abu As l r rO.YBmen.*AL-H AQ , Am ln {a .k .a . AMEN, Muham mad; a.k.a AH HAQ, Dr Amln ;UL -HA Q. D r A m in ) ; DO B: 1960; POB; Nangahar Provinco, Afghanistan.

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tt.M. (..K-EAdUKY

AL-QADl, Yasin (a.k.a. KADI, Shaykh Yassin Abdu(lah)(a.k.a. KAHDI, Yasln). Jeddah, SaudiArabia.t**f\ *AL-JADAWI, Saqan DOB:1965

AL-KADR, Ahm ad S aid {a.k.a AL-KANADI, Abu Abd Al-Rahman);DOB: 01 March 1948; POB: Cairo, Egypt.

'AL-SH ARIF , Sa'd; DOB: 1969; POB: Saudi Arabia BIN M ARW AN, Blla l; DOB: 1947BIN MUHAMMAD, Ayadl Chafiq (a.k.a. AYADI SHAFFQ, Ban Muhammad) (a.lea. AYADICHAF1K, Be n Muhamm ad) (a.k.a. A1AD1, Ben Muhammad) (a.k.a. AiADY , Bon Muhammad),Helena Meyer Ring 10-1415^80809, Munich, Germany; 129 Park R oad, London, NW8, London,England; 28 Chausse Dl Lille, Moscron, Belgium; Darvingasse 1/2/58-60. Vienna, Austria;Tunisia: DOB : 21 January 1963; POB: Safals (Sfax), Tun isia.DARKAZANLI r Mamoun, UNenhorster Weg 34, Hamburg, 22085. Germany; DOB: 4August1958; POB: Aleppo. Syria; Passport No : 1310636282 (Germany).Ci ) HUA21, Rlad (a.k.a. HUAZi, Raod M.) (a.k.a. AL-HAWEN, Abu^Ahmad) (a.k.a. AL-MAGHRIBI,K-s Rnshid [The Moroccan!) (a.ka AL-AMRiKl, Abu-Ahmad [TriB American]) (a.K.a. AL-SHAH1D, Abu -Ah ma d). Jordan; DOB: 1968; POB: California. USA; SSN: 548-91-5411.LADEHfYANOY, Mufti Rashld Ahmad (a.k.a. LUDHiANVl, Mufti Rashld Ahmad) (a.k.a.AHMAD, MufO Rashood) (a.k.a. WADEHYANOY, Muf Rashld Ahmad); Karachi, Pakistan.UTHMAN, Omar Mnhmaud (a.k^ Othmaa, Omar Mahmoud) (a.k.a. AL-FULJSTINK AbuQatada) (a.k.a. TAKFIR!, Abu 'Umr) (a.k.a. ABU UMAR, Abu Omar) (a.k.a. UTHMAN, A3-Samman) (a.k-a. UMAR, AbuUmar) (a.lca. UTHMAN, Umar) ( a.k.a. ABU ISMAIL), London.England; DOB: 30 December 196Q or 22 December 1960'or 13 December 1960. Nationalinsurance Number PW581303D.YULDASHEV,Tohlr (a.k.a. YULDASHEV, Ta khir). Uzbekistan.ZiA, Mohammad (a.k.a. ZIA, Ahm ad); c/o Ahmed Shah s/o Painda Mohammadal-Karfrn Set, Peshawar, Pakistan; c/o Alam General Store Shop 17, Awatni Market, Peshawar,Pakistan; do Zahir Shah s/o Murad Khan Ander Sher,Peshawar, Pakistan.

/ . - \ YASIN,Abdul Rahman' ) MOHAIWMED, Khalld Shaikh

AL MUGHASSIL, Ahmed"AL-HOURI, AllAL-YACOU5, Ibrahim

AL NASSER, Abdel KarimMOHAMMED, Fazul AbdullahFADH1L, Mustafa MohamadGHAILANi, Ahmed KhalfanMSALAM, Fahid Mohammed AllySWEDAN, Shotkh Ahmed Sailm

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5D _ u i J

ABDULLAH, Abdullah AhmadAL1, Ahmed Mohammed Hamed .ATWAH, Mu shin M usa M atwalUMUGNIYAH, ImadIZZ-AL-DiN, HassanATWA, AH* Th ese n am es h av e already be en published In the UN consolidated list datBd 8 March 2001Th e list has been circulated to financial institutions by the Bank Of England.Enquiries should be addressed to Simon Moyse at the Treasury Press Office on 020 7270 5238.or from the Treasury Website.

_")

HM Treas ury, Parl iament Street, London SW1P 3AG UKSwitchboard: +44 (0)20 7270 500 0Public Enquiry Unit: +44 (0) 20 7270 4558 Crown Copyright | hom e

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TREASURY DE PAR TM ENT RELEASES LIST OF 39 ADDITION AL.. Page 1 of 4

" ^ TR EA SU RY N E W SF R O M T H E O F F IC E O F P U B L I C A F F A I R S

FOR IMME DIATE RELEASEOctober 12,2001PO-689

TR EA SU R Y D EPA R TM EN T R ELEA SES LIST O F 39 A DD ITIO NA LS P E C I A L L Y D E SI GN A TE D G L O B A L T E R R O R I S T S( \ Treasury Office of F oreign A sset Control (OFAC) has ad ded the names of 39terrorists to its list of Specially Designated Global T errorists (SDGT). Their assetsmust be blocked imm ediately.

ABD ULLAH, A bdullah Ahmed (a.k.a. ABU MAR IAM; a.k.a. AL-MASRI, AbuMohamed; a.k.a. SA LE H), Afghanistan (DOB 1963; PO B Egypt; citizen Egypt)(individual) [SDGT]AGHA , Haji A bdu l M anan (a.k.a. SAIYID, Abd Al-M an'am), Pakistan (individual)[SDGT]AL-HAM ATI SW EET S B AKE R IES, Al-Mukallah, Hadhramawt Governorate,Yemen [SDGT]AL-HA MA TI, M uham mad (a,k.a. AL-AHDAL, Moham mad Hamdi Sadiq; a.k.a.AL-M AKK I, Abu Asim ), Yemen (individual) [SDGT]AL-HAQ , Am in (a.k.a. AH HA Q, Dr. Amin; a.k.a. AMIN, M uhammad; a.k.a. UL-HAQ, Dr. Arnin ) (D OB 1960; POB Nangahar Province, Afghanistan) (individual)[SDGT]AL-JADAWI, Saqar (DOB 1965) (individual) [SDGT]AL-KADR , A hm ad Sa'id (a.k.a. AL-KANADI, Abu Abd A l-Rahman) (DOB 01Mar 1948; PO B Ca iro, Egypt) (individual) [SDGT]AL-LIBY , Ana s (a.k.a. AL-LIBI, Anas; a.lca. AL-RAGHIE, N azih; a.kla. AL -RAGHIE, Nazih Abdul Hamed; a.k.a. AL-SAB AI, Anas), Afghanistan (DOB 30Mar 1964, Alt. DO B 14 M ay 1964; POB Tripoli, Libya; citizen L ibya) (individual)[SDGT]AL-MUGHASSTL, Ahmad Ibrahim (a:k.a. ABU OM RA N; a.k.a. AL-

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TREASUR Y UtSFAKTM HNT Kb Li iAS fc > Lib L Ut j y AJJD11IUIN AL.. Page 2 ot 4MU GHAS SIL, A hme d Ibrahim) (DOB 26 Jun 1967; PO B Qatif-Bab al Shamai,Saudi Arabia; citizen Saudi Arabia) (individual) [SDGT]AL-NAS SER , A bdelkarim Hussein M ohamed (POB Al Ihsa , Saudi Arabia; citizenSaudi Arabia) (individual) [SDGT]AL-NUR H ON EY PR ESS SHOPS (a.k.a. AL-NUR HO NEY CENTER), Sanaa,Yemen. [SDGT]AL-QADI, Y asin (a.k.a. KA DI, Shaykh Yassin Abdullah; a.k.a. KAH DI, Yasin),Jeddah, Saudi Arabia (individual) [SDGT]AL-SH AR IF, Sa'd (DOB 1969; POB Saudi Arabia) (individual) [SDGT]AL-SHIFA1 HO NE Y PRE SS FOR INDUSTRY AND COMM ER CE, Al-NasrStreet, Do ha, Qa tar; B y the S hrine Next to the Gas Sta tion, Jam al Street, Ta'iz,Yemen; Al-'Arud h Squa re, Kh ur Maksar, Aden, Yemen; P .O. B ox 8089, Al-Hasabah, Sanaa, Y emen [SDGT]AL-Y AC OU B , Ibrahim S alih Mohammed (DOB 16 Oct 1966; POB Tarut, SaudiArabia; citizen Saudi Arabia) (individual) [SDGT]ALI, Ahm ed M ohamm ed Ham ed (a.k.a. AB DUR EHM AN, Ahmed Mohammed;a.k.a. A B U F A T I M A ; a.k.a. AB U TSLAM; a.k.a. A B U K H A D I U A H ; a.k.a.AHME D HAM E D; a.k.a. Ahmed The Egyptian; a.k.a. AHM ED, Ahmed; a.k.a..AL-MASRI, Ahmad; a.k.a. AL-SURIR, Abu Islam; a.k.a. AL I, AhmedMohammed; a.k.a. ALI, Hamed; a.k.a. HEMED, Ahmed; a.k.a. SHTEB, Ahmed ;a.k.a. SH UA IB ), Afghanistan (DOB 1965; POB Egypt; citizen E gypt) (individual)[SDGT]ATWA, Ali (a.k.a. BO USL IM, Amm ar Mansour; a.k.a. SALIM, Hassan Rostom),Lebanon (DO B 1960; PO B L ebanon; citizen Lebanon) (individual) [SDGT1]ATW AH, M uhsin M usa M atwalli (a.k.a. ABDEL RA HM AN; a.k.a. ABDULRAHMAN; a.k.a. AL-MUHAJIR, Abdul Rahman; a.k.a. AL-NAMER , MohammedK.A.), Afghanistan (DOB 19 Jun 1964; POB Egypt; citizen Egypt) (individual)[SDGT]BIN M AR W AN , B ilal (DO B 1947) (individual) [SDGT]BIN MUHAMMAD, Ayadi Chafiq (a.La. AIADI, Ben Muhammad; a.k.a. AIADY,Ben Muhammad; a.k.a, AY AD I CHAFDC, Ben Muham mad; a .La, AYA DISHAFIQ, Ben Muhammad), Darvingasse 1/2/58-60, Vienna, Austria; 28 Chausseede Lille, Mou scro n, B elgium ; 129 Park R oad, NW 8, London, England; HeleneMeyer R ing 10-14 15-80 809, Munich, Germany; Tunisia (DOB 21 Jan 1963; PO BSafais (Sfax), Tunisia) (individual) [SDGT]DARKAZANLI, Mamoun, Uhlenhorsterweg 34 11, 22085, H amburg, Germany(DOB 4 Aug 1958; PO B Aleppo, Syria; Passport No : 1310636262 )(individual) [SDGT]EL-HO OR IE, Ali Saed B in Ali (a.k a. AL-HOURI, Ali Saed Bin Ali; a.k.a. EL-

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TREASURY DE PAR TM ENT RELEASES LIST OF 39 ADDITIONA L.. Page 3 of 4HOUR I, AH Saed Bin All) (DOB 10 Jul 1965, alt. DOB 11 Jul 1965; POB ElDibabiya, Saudi Arabia; citizen Saudi Arabia) (individual) [SDGT]FADHIL, M ustafa M oham ed (a.k.a. AL M ASR I, Abd Al W akil; a.k.a. AL-NUBI,Abu; a.k.a. ALI, Hassan; a.k.a. ANIS, Abu; a.k.a. ELBISHY, Moustafa Ali; a.k.a.FADIL, Mu stafa M uham ad; a.k.a. FAZUL, Mustafa; a.k.a. H USSEIN; a.k.a.JTHAD, Abu; a.k.a. KH AL ID; a.k.a. M AN, Nu; a.k.a. MOH AM M ED , M ustafa;a.k.a. YUSSR R , Abu ) (D OB 23 Jun 1976; POB Cairo, Egypt; citizen Egypt, alt.citizen Kenya; K enyan ID No . 12773667; Serial No. 201 7351 61) (individual)[SDGT]GHAILANI, Ahmed Khalfan (a.k.a. "AHMED THE TANZANIAN"; a.k.a."FOOPIE"; a.k.a. "FUPI"; a.k.a. AHMAD, Abu Bakr; a.k.a. AHMED, A.; a.k.a.AHMED, Abubakar; a.k.a. AHMED, Abubakar K.; a.k.a. AHMED, AbubakarKhalfan; a.k.a. AH M ED , Abubak ary K.; a.k.a. AHM ED, Ahm ed Khalfan; a.k.a.AL TANZ ANI, A hm ad; a.k.a. ALI, Ahmed Khalfan; a.k.a. B AKR , Abu; a.k.a.GHAILANI, Abubakary Khalfan Ahmed; a.k.a. GHAILANI, Ahmed; a.k.a.GHILANI, Ahmad Khalafan; a.k.a. HUSSEIN, Maharudh Abubakar Ahmed

O Abdallah; a.k.a. KH AB AR , Abu; a.k.a. KHA LFAN , Ahm ed; a.k.a. MOH AMM ED,Shariff Om ar) (DOB 14 M ar 1974, alt. DOB 13 Apr 1974, alt. DOB 14 Apr 1974,alt. DO B 1 Aug 1970; POB Zanzibar, Tanzania; citizen Tan zania) (individual)[SDGT]HIJAZI, Riad (a.k.a. AL-AMRIKI, Abu-Ahmad; a.k.a. AL-HAWEN, Abu-Ahmad;a.k.a. AL-MAGHRJBI, Rashid; a.La. AL-SHAHID, Abu-Ahmad; a.k.a. HIJAZI,Raed M), Jordan (DOB 1968; POB California, U.S.A.; SSN : 548-91-5411) (individual) [SDGT]IZZ-AL-DIN, Hasan (a.k.a. GARBAYA, AHMED; a.k.a. SA-ID; a.k.a.SALWWAN, Samir), Lebanon (DOB 1963; POB Lebanon; citizen Lebanon)(individual) [SDGT1]JAISH-I-MOHA MM ED (a.k.a. ARM Y OF MO HAM MED ), Pakistan [SDGT]

- ' JAMY AHTA'AW UNAL -ISLAMTA(a .k .a .JAM'IYATALT A lA W U N A LISLAMIYY A; a.k.a. JIT; a.k.a. SOCIETY OF ISLAMIC C OOPER ATION),Qandahar City, Afghanistan [SDGT]LADEHYANOY, Mufti Rashid Ahmad (a.k.a. AHMAD, Mufti Rasheed; a.k.a.LUDH IANV I, Mufti R ashid Ahm ad; a.k.a. WAD EHYANOY , Mufti R ashidAhmad), Karachi, Pakistan (individual) [SDGT]MO HAM MED , Fazul A bdullah (a.k.a. ABDA LLA, Fazul; a.k.a. ADB ALLAH,Fazul; a.k.a. A ISH A, Abu; a.k.a. AL SUDANI, Abu Seif; a.k.a. AL I, FadelAbdallah M oha m m ed; a.k.a. FAZ UL , Abdalla; a.k.a. FAZUL , Abdallah; a.k.a.FAZUL, Abdallah Mohammed; a.k.a. FAZUL, Haroon; a.k.a. FAZUL, Harun;a.k.a. HA R OO N; a.k.a. HAR OUN , Fadh il; a.k.a. HAR UN; a.k.a. LUQM AN, Abu;a.lca. MOHAMMED, Fazul; a.k.a. MOHAMMED, Fazul Abdilahi; a.k.a.MO HAM MED , Fouad; a.k.a. M UHAM AD, Fadil Abdallah) (DOB 25 Aug 1972,alt. DOB 25 Dec 1974, alt. DOB 25 Feb 1974; POB Moroni, Com oros Islands;citizen Co m oro s, alt. citizen Keny a) (individual) [SDGT]

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TREASURY DEPAR TME NT RELEASES LIST OF 39 ADDITIONAL.. Page 4 of 4

M OHA MM ED, K halid Shaikh (a.k.a. ALI, Salem; a.k.a. B IN KHALID, Fahd BinAdbalJah; a.k.a. HENIN, Ashraf RefaatNabith; a.k.a. WADOOD, Khalid Adbul)(DOB 14 Ap r 1965, alt. DOB 1 Mar 1964; POB Kuwait; citizen Kuwait)(individual) [SDGT] MSALAM, Fahid Mohammed Ally (a.k.a. AL-KINI, Usama; a.k.a. ALLY, FahidMoh ammed; a.k.a. MSAL AM , Fahad Ally; a.k.a. M SALA M, Fahid MohammedAH; a.k.a. MSALAM, Mohammed Ally; a.k.a. MUSALAAM, Fahid MohammedAH; a.k.a. SAL EM , Fahid Muhamad Ali) (DOB 19 Feb 1976; POB Mom basa,Kenya; citizen Kenya) (individual) [SDGT]RAB ITA TR UST , R oom 9A, 2nd Floor, Wahdat Road, Education Town, Lahore, Pakistan; W ares Colo ny, Lahore, Pakistan [SDG T]SWE DAN, S heikh Ahm ed Salim (a.k.a. Ahmed the Tall; a.k.a. ALLY, Ahmed;a.k.a. BAHAMAD; a.k.a. BAHAMAD, Sheik; a.k.a. BAHAMADI, Sheikh; a.k.a.x SU W EID AN , She ikh AJimad Salem; a.k.a. SW ED AN , Sheikh; a.k.a. SWE DAN,K-J Sheikh Ahm ed Salem) (DOB 9 Apr 1969, alt. DOB 9 Apr 1960; POB Mombasa,Kenya; citizen Kenya) (individual) [SDGT]UTHMAN, Omar Mahmoud (a.k.a. ABU ISMAIL; a.k.a. ABU UMAR, Abu Omar,a.k.a. AL-FILISTINI, Abu Qatada; a.k.a. TAKFIRI, Abu Vmr; a.k.a. UM AR , AbuUmar; a.k.a. UT HM AN , Al-Samman; a.k.a. UTHM AN, U mar), London, England(DOB 30 De c I96 0, alt. DOB 13 Dec 1960) (individual) [SD GT]YASIN, Abdul Rahman (a.k.a. TAHA, Abdul Rahman S.; a.k.a. TAHER, AbdulRahm an S.; a.k.a. YASIN, Abdul R ahman Said; a.k.a. YASIN , Aboud) (DOB 10Apr I960; POB Bloomington, Indiana U.S.A.; SSN 156-92-9858 ;Passport N o . 2708 2171 , alt.Passport No. M0887925 ; citizen U.S.A.) (individual) [SDGT]YUL DAS HEV , Toh ir (a.k.a. YULDASHEV , Takhir), Uzbekistan (individual)[SDGT]ZIA, M oham ma d (a.k.a. ZIA, Ahm ad), c/o Ahmed Shah s/o Painda Mohammad al-Karim Set, Pes haw ar, Pakistan; c/o Alam General Store Shop 17, Awarni Market,Peshawar, Pakistan ; c/o Zahir Shah s/o M urad Khan Ander Sher, Peshawar,Pakistan (individual) [SDGT]MUG HNTY AH, Im ad F a'iz (a.k.a. MUGHNTYAH, Imad Fa yiz), SeniorIntelligence Officer of HIZB ALLA H (DOB 0 7 Dec 1962, PO B Tayr Dibba,Lebanon, Passport No. 432298 ) (individual) [SDT] (Already on SDNList)

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Direct Email: Guy.Martin@carlar-ruck.comDirect Fax- 020 7353 5553GM/MRS/74 96.315 October 2001

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Sir Andrew TurnbullPermanent SecretaryH M TreasuryParliament StreetLondon SW1P 3AGBY FAXMOST URGENT Andrew Slap

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Dear SirMr Yass in Kad iWe have been consulted by Mr Yassin Kadi, the prominent Saudi Arabianbusinessman, with reference to the release issued by H M Treasury dated 12October 2001 headed "H M TREASURY TAKES STEPS TO FREEZE MORETERRORIST ASSETS ".Our client is horrified andshocked that his name hasbeen included on this listan d at your allegation that he supports or is in any way connected with terrorism.Your allegations are completely untrue: Mr Kadi has never been involved with,supported or provided funds for any terrorist or extremist activities.The allegations that Mr Kadi funds and/or supports Osama Bin Laden, or anyterrorist organisation, are of the utmost gravity and seriousness. It Is difficult toconceive at the present t ime of a more seriously defamatory allegation to make.It is quite conceivable that as a result of your publication at the present time, MrKadi could be subject to death threats, his ability to travel and conduct hisbusiness could be severely curtailed or stopped altogether.W e are particularly concerned that you have seen fit to publish these highlydefamatory allegations of our client without first giving h im notice of your intentionto do so and, mos t imp ortantly, thereby depriving him of any opportunity, prior topublication, to respond. Aswe have stated, MrKadi Is a prominent Saudi Arabianbusinessman; it would accordingly have been a simple matter for yourdepartment to contact him for his response before publishing these outrageousallegations.Furthermore, had your department taken the trouble to make even the mostcursory of inquiries it would have discovered that we acted for Mr Kadi, and hisfellow Trustees of the Muwafag Foundation, inlibel proceedings in the High Courtagainst the Editor andpublishers of Africa Confidential; andupon settlement ofIhose proceedings, less than 4 months ago, on 22June 2001, a Statement in

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Page 2Our Ref: GM/MRS '7496.3Open C ourt, wa s read out before the Honourable Mr Justice Ea dy in which Africa C onfidentialapologised to our clients for allegations they had published in 1995. That settlement wasannoun ced in a press release o n 22 June 200 1. A cop y of the Statement in Open Court isenclosed.We assume, but must insist on your confirmation of this, that as a responsible Governmentdepartment HM Treasury wil l have seen and examined any available evidence of alleged l inksbetween our client and terrorism and that in publishing these allegations you did not simply act onthe "say so" of the United States authorities. In any event our client requires immediate sight ofwhatever information o r evidence you acted on before publishing the l ist.For the avoidance of doubt our client is more than willing to make himself and his business recordsavailable to the appropriate authorities towards having his name removed from the list and clearinghis good name of your allegations.The purpose of our writing to you now is to place you specifically on notice as to the matters setout above. W e also require your immediate undertaking that pend ing a proper investigation intothis matter by your department or other appropriate authority you will forthwith remove our client'sname from the l ist.Our client is determined to pursue all legal remedies available to him to protect his good name andreputation. Jn light of your failure to make any proper inquiries we have advised our client that anyfurther publication of these allegations by you will be with malice towards our client.We await hearing from you as a matter of extreme urgency and in any event by close of businessthis Wednesday 17 October. In the meantime it must be clearly understood that all our client's legalrights are fully reserved.Yours faithfully

Peter Car ter -Ruck and Par tners

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THE TREASURY SOLICITORQue en Anne's Chambers, 28 Broadway, London 5 W I H 9JS

DX 1232 42 St James's Park. Switchboard 020 72 10 300 0 (GTN 210).Direct Line: 02 0 72 10 31 00 Direct Fax: 020 7210 3257 E-mail: PBennettStreasuryHiolIctor.gsl.gov.ukTEAM LEADER EMPLOYMENT UTICAT1ON TE AM A3

Peter Carter-Ruck and PartnersDX 333 Chancery LaneAND BY FAX 0207 353 5553LT1/7955&PXB.A3GM/MRS7496.319 October 2001

Please q uot e

teferenoe

KJDear SirsYASSIN KADI v HM TR EASURYI refer to my tetter o f 17 O ctober an d now write In substantive response to your letter to SirAndrew Tumbull of 15 October 2001.Your client has with others been made the subject of measures designed to prevent his useof any assets he has In. this Jurisdiction on the basis of intelligence information provided tomy clients by the US Treasury that he has been Involved in funding terrorism. My client'sPress Release was designed to give the widest possible publicity to these measures with aview to maximising their effectiveness. Your client was simultaneously publicly Identified bythe US Treas ury as subje ct to like measures In the USA for l ike reasons.You r sugge stion that thos e suc ti as your client who are subject to these measures shoufci begivan advance notice of them would of course defeat the object of the measures by enablingthe rem oval of any assets from the Jurisdiction before the measures took effectThe fact that the Newsletter 'Africa Confidential' decided to settle your client's dalm for libeldoes not amount to evidence that your client Is not Involved In supporting terrorism.The US Treasury provided Its Intelligence Information to my client In confidence and hasconfirmed to my client that my dle nt Is not authorised to provide it to your client

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It is und erstood that your client has made similar repres entations to'thB US authorities by hisUS representatives. The US Treasury have apparently drawn your client's representatives'attention to a procedure which enables those subject to such financial measures in the US tomake representations to the Office of Foreign Assets Control of the US Treasury with a viewto having the mea sures term inated. My client suggests that your client should follow thatprocedure and, fn the event that the US Treasury accepted your client's representations andtermin ated Its mea sures, ft Is very likely that my client would take action to terminate themeasures imposed in relation to your client in this jurisdiction.I can accordingly confirm that my client will not terminate the measures taken against yourclient at this time but is very likely to do so if your client succes sfully pursues the procedureavallab/e to him In the USA to which I refer above.As you appear to anticipate, any claim for libel by your client against mine will be defendedon the ground that In present circumstances the publication was and remains privileged.Any proceedings should be served on me.

Yours Faithfully

Peter Bennett

"V

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l<

14 NOV 2001A D M I N I S T R A T I V E * * ?^ C a U R T O F R C E . ^ Ref: CO/4528/2001n the High Court of JusticeQueen's Bench Division

Administrative CourtIn the matter of a claim for Judicial Review

The Queen on the application of Yassin Abdullah Kadiversus Her Majesty's Treasury

Application for permission to apply for Judicial RevjewNOTIFICATION of the decision following oral submissions Inopen court by Mr DPannlck Q.C.with Mr P Salnl of Counsel on behalf of the Claimant and Mr JCrow of Counsel on behalf of the Defendant.

BEFORE THE HONOURAB LE MR JUSTICE SCOTT BAKER

IT IS ORDERED that:-1) Permission be granted2) Filing and service of the Acknowledgement of Service be dispensed with3) The Defendant's grounds inopposition and evidence be served by 4.15pm on the16* day of November 20014) The Claimant's evidence in reply, if any, be served by 4.15pm on the 21* day ofNovember 20015) The substantive hearing be listed together with CO/4532/2001 on the first opendate after the 26 th day of November 2001 but not later than the 2 1 a t dayofDecember 2001 with a time estimate of one day6) The hearing be fixed by Counsels' clerks no later than 4.00 pm on the 13 th day ofNovember 20017) The Claimant's skeleton argument be served no later than four working daysbefore the date fixed for the substantive hearing8) The Defendant's skeleton argument be served no later than two working daysbefore the date fixed for substantive hearing9) Costs be reserved

(time of the court: 1.57pm to 2,57pm),t hDate 12 November 2001

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Yasin a l-QadiInform ation on al-Qadi from our long list: aka Shsykh-Yassin Abdullah Kadj, Located in Jcddah, Saudi Arabia* He ads SaudUbascd Muwafaq FoundationM uw afaq is an al-Qacda front that receives funding from wealthy Saudi businessmen: B lesse d R elief is the English translation* Chaiiq Ayadi claims that Yasin QBdi was his partner In Muwafaq, Germany andthat be received 286,000 D eutsche Mark in a Mu wafaq bank account from YassinA.A . Kadi Sam my Ltd., Istanbul, Dir ectly tied to bin Laden. In an interview, bia Laden said, "The bin-Ladin Establishment's aidcovers 13 countrie s... this aid comes in particular from the HumanConcern International Sociery." B in Laden goes on to list a number of

H CI 's branch organizations and includes Muwaffkq Society in Zagreb.77---' Saudi businessme n have been transferring mi llions of dollars to Bin Ladenthrough. Blessed Relief.71 Saudi businessmen deposited S3 million from the National CommercialB ank, w hich was run by KhaJid bin M ahjbuz , into the accounts of theBlessed Relief and odier charities thai serve a5 a front for bin Laden. 75AJ-Qadi has a vast financial empire linked to funding terrorist activity: Imp licated in Hamas funding network. Ka di International channeled $820,000 to QLI to acquire a property inWo odridgc, Illinois, in 1991.- The complex scries of transactions wasstructured in a manner that obscured K ad i's connection to QLI.

QL I provid ed funding for Ham as via Mo ham ad SaJlaii from 1991 through1993. SaJlah has residence in Chicago and was arrested in February1993.11 M aili ng Address found in Kadi/QLJ transactio n docum ents: Kadi International Corp., c/o B M I, Inc.One Harmon PlazaSccaucus," N ew Jerse yAttn: Gamal Ahm ed Dir ector , Global Diamond Resourc es, an Am erican Company. Yassin al Kadi sitson the board as a representative o f one of two foreign, anonymous, investorgro ups th at have a controlling interest in Global D iamond . Dire ctor, Shifa International Hosp itals in Pa kis tan ."77 "Islamic Ftnincier bin Ladin IniervUwsd on Sudan, Iran Ties."* FBIS. July 31.1995n "SstidJ Money Aiding bin Laden/ USA Today. October 29,1S99" 'Ibid .** Affidav it of Rofaen Wn'ftht, FB I. June 6, 1998.11 "U.S. Sehes SJ.4 MUJiou In Cub $nd Property Intended to Tund H im u Terrorist -A cdvftfe* in theMiddle E a C " U.S. Department of Justice. June 9,1 99 1.a "Diamonds fire M Arab's Beit Friend." Middle Eui-Economic Digrt. January 15 t 19P9

16

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,-ut

Vice President, MJM. Badkook Co. for Catering & Trading."Owns a]-Abrar Group International."

Dr Wan Muhamad Haani Wan Sulaiman, is the Founder, President andChief Executive Officer of Abrar Group International.011 Has its origins in the United States w ith the establishment of AbrarInvestments, Inc. in 1990. TheGroup's incorporation inMalaysia waginitiated in early 1992. Later in 1993, Abrar Group International wasfor^ned as the investment and management company of the Group.16 .His brother, Omar aJ-Qadi is the Director of M ercy International - USA

u

a "Brief Recordings About Shift International Hospital* Ltd," Bualneu Recorder. July 14,2000H M.M. Badkcfcik Co. btqjrfwvvw.audur>b{i.neiAa.in.bAdkDok/" "Won of B Kind ." Malaysian Tines. September 1,1995u MusLcaTradtKctwork. http^/www.inusllintndcjicc/iiirectory/Fliianclal/Servlccj

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THIS DECLARATION OFTRUST Is made the-7; day of" " . T T 7 T 7 T ~ ~ ..

itJ tt" y1992 by YhSSIU QUADl" ' " ': '

o PO Box 214Jeddati 21411" '" Saudi" Arabxa "(hereinafter c'The Founder')."' ' ' "

H a E R E A S:-

The Founder has resolved "ca constitute a Foundation focharitable purposes hereafter declared.

MOW THIS DEED WITNESSETH hUO IT IS HEREBY DECLAJtED as follo

1. The Foundation herebv constituted shall be known asiMuwaffaq Foundation (hereinafter called 'The Foundation

2. The original fund o the Foundation shall be the sumTWELVE TROOStND POUNDS (12,000) sterling (The FaundFund).

The terras c) the Foundation are contained' in the FoundConstitution.

3 .

The Foundation shall be sited-in the- Island'of Jerseyoxr%- - * oa4 .r' J-such other place or places as the Foundation. Council s

from time to time determine.

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> * T

5. Pursuant to-Article 7 of theConstitution theFoundea ppoint s the persons who a re named in the Schedule heretoathe original members octhe Foundation Council (hereinaftacalled the Council).

6. Th e Council sh a ll hold t he Foundat ion Fund and all moniewhich may beadded tot h e Founda tion Fund for the objectdeclared in the Constitution and t h e~ investmentsandprooa ct y from einie tot ime representing the same UPON' TRU Seitner toretain orsell and invest the proceeds in_or upoany investments authorised by the Constitution with powefrom t ime to time to cna nge such investments for oth ers of alike na t ure; tha t both the capita l and income thereof shalbe applied atthe discretion ofth e Council but exclusivelin pursuance oE th e said object s.

{ }

I. In furtherance of it s objects the Council shall nave thefallowing powers in addition to those conferred by- r.nConstitution.

(i) To employ and pay any person, or persons (not beinga member a the Council); to supervise organise and carryan the work authorised by the Council and as employers ofstaff to make all reasonable and necessary provision Ear the

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payment of pensions andsuperannuation to or on behalf ofemployees and their widows and other dependants.

(ii) To pay travelling and other reasonable out opacket expenses whether incurred by A member ofthe Councilor others.

I

(iii) To pay and provide for the expenses of acquiringand running an office far che coordination ancadministration of th"e Foundation.

(iv) To undertake and execute any Trusc which may belawfully undertaken by the Foundation.

(v) To establish and support or assist in establisninga.nd supporting any charitable association or institution andto subscribe or guarantee money for charitable purposes.

LvL) To cooperate and collaborate with voluntary bodiesand statutory authorities in operations in similarcharitable fields and to exchange information and to advise.

(vii.) To take such lawful 3tepa by personal or writtenappeals, public meetings or otherwise as may from time totime or at any time become necessary for the purpose of

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procuring money property or rights of any kind [by loandonation subscription or otherwise) and applying the samefor the purpose of the Foundation provided that the Councishall not undertake any permanent, trading activities inraising funds far the said purpose.

' (viii) To take or receive any gift or mane1/ or" octiecproperty whether subject to any 3pecial trust or not whichis not in the opinion of the Council calculated to impedethe -objects of the Foundation.

(ix) To .jiafce regulations for the management of anyproperty which may be acquired. "~

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(x) To receive aid from any association wnethercharitable or not society or corporation or individualwhether formed by or in connection with the Foundation orothezrwise and to subscribe to or cooperate with any suchcharitable bodies with a view to assisting such bodies or to obtaining anys advantage or benefits for or promoting the objects of this Foundation.

(xi) To establish and operate both current accounts and deposit accounts with Banicers in the name of the Foundation provided that cheques drawn on such accounts shall not be

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signed by less than two members of the Council who shallhave power to instruct Bankers to accspt signatures of suchpersons as raay be nominated hy them even- if those personsare not members of the Council.

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(xii) To do all such, other Tawful things as arenecessary for the attainment of the objects of theFoundation.

In the execution of the objects and purposes of theFoundation no member of the Council 3h,all be liable for anyloss ca ttie property of the Foundation arising by reason ofany improper investment made in good faith so long as heshall have sought professional advice before making suchinvestment: or for the negligence or fraud of any agencsmpLoyed by him or by any other member oc the Council hereinin good faith (provided reasonable supervision shall haveSeen exercised) although, the employment of such agenc wasnot strictly necessary or by reason of any mistake oromission made in good faith by any member of the Councilhereof or by reason of any othar wilful and individual fraudwrong doing or wrongful omission on the part of a member ofthe Council who is sought to.be made liable.

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9. Every new member of the Council shall before acting sign a

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dec la r a t i on to be annexed: he ret o of ac ceptanc e and wil li ng ne ss to ace in accordance with the terras of tCo ns ti tu ti on and of th is Deed.

. I N W I T N E S S whereof the Founder has hereunto set" hhand, as h i s Deed, th e day and year f i r s t befor e wri t ten.

THE SCHEDULEv_

Original members of the Foundation Council

1. Yass in Quadi , PO Box 214, Jeddah 21411, Saudi Arabia.2. T ala l M- HadJcook, PO Box 221, Jeddah 21411, Saudi Arabia.

- 3. Rayeis Sin Mahfooz, PO Box 40030, Jeddah 21499, SaudArabia.4 . Abdur Rahman Bin Mahfooz, PO Box 4QQ3O, Jeddah, 21499, SaudArabia.5.' Dr.' Mohamad Ali El-Gari Sin Eid, PO Box 214 Jeddah, 2141Saudi Arabia.6. Abdul Gani Al- Khari ji , PQ Box 2388 Jeddah, 21451 Saud_ Arabia.

SIGNED as h i s Deed byYASSIN QOADIia thepresence of:-

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STATUTES OFMUWRFFAQ FOUNDATIONArticle 1

NameThe nams of tha Foundation is MCJUAFFAG FOUNDATION

Article 2DurationThe Foundation is permanently established.

Article 3DomicileThe domicile of the Foundation is Jarsay.The Foundation Council may at any tiaie by means of a simplemajority resolution, under observe of the legal and statutoryprevisions, transfer ths domicile to ancchar place at home andabroad.

Article 4Applicable LawAll legal relationships of the Foundation ars gcvarned solely hyJersey Law.

Rrticle 5Objects, PurposesThe objects and purposes cor which the Foundation is created arato manage i t s property and to maJcs expenditures and distributionsfor performing services and providing assistance Cor the publicbenefit anywhere ..in tho world in particular in the field nfcharity and by establishing, maintaining, assisting and generallyoperating foundations, institutions or other organisations crtrusts for such purposes, and by making contributions, gifts orothar transfers for tha public benefit to thesa institutions.The Foundation'3 principal activit ies in particular shall be bunnot licnitad to:

to provide relief to and for any individual sufferingas a jreault of... natura.l " disaster, wars, revolutions,civil unrest af..any description and famine;to provide financial assistance to organisations,institutions', hospitals', research centras to improvethe standards of education or health of the needy;