Explained: why the US is considering Houthi terror designation


Nada AlTaher
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What is an FTO Designation?

FTO designations impose immigration restrictions on members of the organisation simply by virtue of their membership and triggers a criminal prohibition on knowingly providing material support or resources to the designated organisation as well as asset freezes. 

It is a crime for a person in the United States or subject to the jurisdiction of the United States to knowingly provide “material support or resources” to or receive military-type training from or on behalf of a designated FTO.

Representatives and members of a designated FTO, if they are aliens, are inadmissible to and, in certain circumstances removable from, the United States.

Except as authorised by the Secretary of the Treasury, any US financial institution that becomes aware that it has possession of or control over funds in which an FTO or its agent has an interest must retain possession of or control over the funds and report the funds to the Treasury Department.

Source: US Department of State

The Trump administration is considering the designation of Yemen's Iran-backed Houthi rebels as a foreign terror organisation, more than two years after initially floating the idea.

While some members of the group have been sanctioned by the US Treasury Department, a designation would apply to all its members.

This would have "chilling" consequences on aid supplies that the Houthis largely control and the social, economic and civil institutions in their territories.

In the US, the move is also seen as an expansion of Mr Trump's maximum pressure campaign on Iran, which included sweeping sanctions on Iranian officials and government bodies.

So why has it taken so long for the Houthi topic to be raised again, and will it really happen?

Diplomacy failure

Yemen is struggling to handle overwhelming humanitarian crises sparked or exacerbated by the Houthi takeover of Sanaa and the ensuing military fallout.

Cholera, a collapsing healthcare system, poverty and malnutrition are only some issues worsened by the Houthis seizing aid, widespread corruption and lack of transparency in reporting coronavirus rates, all while the war rages on for a sixth year.

Proponents of the plan say all political and military options have failed to sufficiently weaken the rebels, who by some estimates control a third of Yemen’s most populous territories and have key economic institutions in the north.

The US and Yemeni governments might feel that they are out of other options, experts say, with less than 40 days remaining for the Trump administration.

But critics believe a terror designation would effectively sentence thousands of Yemeni civilians to death, as they depend on imports for basic commodities such as wheat, flour and rice.

It would also strengthen the rebels' ties with Iran.

“The assumption that this will bring the Houthis, who argue they have been fighting a 16-year war through periods of deep privation, to the table willing to make big concessions is a real leap,” said Crisis Group senior analyst Peter Salisbury.

"It is not what I expect would come out of an FTO designation.

“However, one of the reasons this option is being seriously considered is due to a frustration at the seeming lack of alternative options."

It is like going to the doctor with an infection in your leg and rather than treat it, he decides to amputate it

But what a designation does is affect millions of lives in an even more catastrophic, devastating way in the short term.

"It is like going to the doctor with an infection in your leg and rather than treat it, he decides to amputate it," Mr Salisbury told The National.

“It is the most drastic option that does more damage than good.”

But the Yemeni government has been urging the US to make the move, calling it an "urgent and necessary" first step in resolving the crisis.

"The Houthis' terrorism will not stop at the borders of Yemen, but will encompass the entire region and cause harm to the entire world if it was not designated a terror organisation," Minister of Information Muammar Al Eryani said in November.

His and the government's position is that prolonging the FTO designation reflects the international community's silence towards the conflict in Yemen.

The last days in office

Long-time Yemen watchers have a few simple explanations as to why the matter is only now being seen as a viable option by the Trump administration.

One reason could be to create the largest effect over the shortest possible time.

“This decision is fairly easy to implement and very difficult to roll back,” Mr Salisbury said.

Charities are critical of the move, saying it would make it logistically impossible to deliver lifesaving assistance to the 24 million Yemenis, or 80 per cent of the population, who rely on it.

A step like this could also render the middle class in the food and water-scarce nation obsolete.

“The biggest issue is the impact on trade,” said Alia Eshaq, public policy expert and founder of the Mashora Group in the UK.

"With northern, Houthi-controlled Yemeni territories largely reliant on imports, nobody will want to deal with Yemeni traders and businesses.

“Private-sector actors and businesses would become a no-go and too high-risk to deal with.”

Imported essentials would become even harder to access and poverty levels would soar as less money circulates and remittances dwindle.

"Every single transaction coming from abroad and into banks in Houthi-controlled areas will be scrutinised," Ms Eshaq told The National.

"People will be very hesitant to transfer cash to relatives inside Yemen and businesses will no longer have foreign partners to rely on."

In November 2019, the Houthis and the Yemeni government agreed that commercial fuel companies would pay a tax for fuel imports and Customs fees that would flow into an account at the Central Bank in the strategic port city of Hodeidah.

In May this year, about $180 million was withdrawn from the account to fund "Houthi war efforts", Human Rights Watch said.

This while at least 100,000 Yemeni children younger than 5 already suffer from malnutrition.

Human Rights Watch said it was just one demonstration of how civilians' fate is determined by more powerful forces.

Policymakers might feel that the long-term benefits of designating the Houthis a terrorist group outweigh the short-term effects.

But the immediate survival prospects of an entire generation should require consideration.

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Libi has been involved in threatening and perpetuating acts of aggression and violence against Palestinians. His firm has provided logistical and financial support for the establishment of illegal outposts.

Zohar Sabah
Runs a settler outpost named Zohar’s Farm and has previously faced charges of violence against Palestinians. He was indicted by Israel’s State Attorney’s Office in September for allegedly participating in a violent attack against Palestinians and activists in the West Bank village of Muarrajat.

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These are illegal outposts in the West Bank, which are at the vanguard of the settler movement. According to the UK, they are associated with people who have been involved in enabling, inciting, promoting or providing support for activities that amount to “serious abuse”.

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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

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What is an FTO Designation?

FTO designations impose immigration restrictions on members of the organisation simply by virtue of their membership and triggers a criminal prohibition on knowingly providing material support or resources to the designated organisation as well as asset freezes. 

It is a crime for a person in the United States or subject to the jurisdiction of the United States to knowingly provide “material support or resources” to or receive military-type training from or on behalf of a designated FTO.

Representatives and members of a designated FTO, if they are aliens, are inadmissible to and, in certain circumstances removable from, the United States.

Except as authorised by the Secretary of the Treasury, any US financial institution that becomes aware that it has possession of or control over funds in which an FTO or its agent has an interest must retain possession of or control over the funds and report the funds to the Treasury Department.

Source: US Department of State