Country Reports on Terrorism 2014 - Austria

Overview: Austria was vigilant in its counterterrorism efforts and U.S.-Austrian law enforcement cooperation was generally strong. Austria's Office for State Protection and Counterterrorism (BVT), the key counterterrorism agency within the Ministry of the Interior, reported that, while no specific climate for fostering terrorist attacks existed within Austria, radicalization within violent Islamist extremist groups increased. The country's traditional, broad perception that Austria is safe from terrorist attacks was challenged by a significant rise in the number of foreign terrorist fighters from Austria headed to Syria and Iraq. The BVT charged or monitored those returning from Syria, as well as other potentially violent radicalized individuals among second- and third-generation Muslim immigrants. Continued concerns over data privacy protection, amplified by public debate about suspected NSA locations and activities in Austria, slowed the implementation of counterterrorism legislation and agreements in some cases.

Austria is a member of the Global Coalition to Counter the Islamic State in Iraq and the Levant (ISIL) and has taken a whole-of-government approach to implement UN Security Council Resolutions 2170 and 2178 as well as Global Counterterrorism Forum (GCTF) good practices on foreign terrorist fighters. Throughout 2014, the Ministries of Interior, Justice, and Foreign Affairs have increased enforcement and engagement to counter incitement of terrorist acts motivated by extremism and combat the problem of foreign terrorist fighters, with law enforcement agencies focusing on intelligence gathering and investigations and Integration officials (within the Ministry of Foreign Affairs) focusing on public outreach and engagement to prevent radicalization to violence.

The BVT estimated the number of Austrians fighting in Syria and Iraq at approximately 160, predominantly of Chechen, Turkish, and Balkan origin. Twenty-five are suspected to have been killed in Syria, while an estimated 60 have returned to Austria. Formal criminal investigations have been launched against 117. In December, a prosecutor submitted the first terrorism court case in Austria specifically against an ISIL sympathizer accused of membership in ISIL and of financial support to Syrian fighters.

Legislation, Law Enforcement, and Border Security: Austria has a broad legal framework to combat terrorism. Relevant statutes criminalize training in terrorist camps abroad and allow wiretapping of individual suspects or small groups with the permission of an independent judge or ombudsman. Plans for structural reform of Austria's CT-agency BVT were being discussed by the end of 2014.

The Austrian Parliament passed additional counterterrorism legislation in December (effective January 1, 2015) to enhance existing counterterrorism laws. The counterterrorism legislation amends existing law on the use of symbols and prohibits the use and distribution of symbols attributable to ISIL, al-Qa'ida, and any organization linked to these groups. Limited exemptions from these restrictions apply to media coverage, films, theater, and exhibits, provided that they do not serve to propagate the ideology of a terrorist organization.

As part of the same legislative package, an amendment to the border control law allows border authorities to confirm that minors have received parental permission to leave Austria when there is a suspicion that the minors are traveling to participate in fighting activities abroad. Border authorities are empowered to deny departure to a minor and withhold his or her passport until an investigation is complete. An amendment to the Austrian citizenship law allows authorities to withdraw citizenship from an Austrians who voluntarily and actively participates in fighting in an armed conflict if the individual holds a second citizenship.

Law enforcement officials have increased surveillance and arrests, with the most significant being the November 28 arrests of 12 suspects in a nation-wide series of raids involving 900 police officers in raids against 40 locations in various Austrian cities. The key suspect, Vienna-based ISIL sympathizer Mirsad Omerovic, alias Ebu Tejma, is being held in pre-trial detention. In December, the BVT also created an office for tracking and reporting radical content on the internet. The BVT then passes this information on to social media providers, such as Google or Facebook, with an official government request to delete the content.

In reaction to the challenge of foreign terrorist fighters during 2014, law enforcement agencies called for expanded police powers to monitor foreign terrorist fighter suspects more effectively. Under current law, police must delete all data collected on a violent extremist suspect after nine months if it cannot be proven that the monitored suspect committed any violations. This data would not be available in the event that police reopen an investigation. Austria's Ministers for Interior and Justice have pressed for amended legislation to extend data retention provisions.

Border security forces make effective use of security measures including biographic and biometric screening capabilities at ports of entry and information sharing internally and with other EU countries. Border security officials at ports of entry have discretion when determining those documents and passengers subject to screening on arrival.

Austrian law enforcement routinely cooperated in investigative areas with U.S. law enforcement, from the informal sharing of preliminary investigative information to joint, multilateral investigative projects and enforcement operations.

Countering the Financing of Terrorism: Austria is an active member of the Financial Action Task Force (FATF) and has developed comprehensive anti-money laundering/combating the financing of terrorism (AML/CFT) legislation, including the enactment of a new Sanctions Act; undertaken reforms of the financial intelligence unit operational procedures and supervisory framework; developed and published secondary legislation (regulations), thematic and sectorial guidelines, and explanatory notes. Austria is also a member of the Egmont Group, a global association of financial intelligence units.

The Austrian Parliament approved the bilateral agreement with the United States on the Foreign Account Tax Compliance Act (FATCA) in October, and pertinent formalities for the law to become effective were concluded by the end of 2014. Under the agreement, Austrian banks will require U.S. citizens resident in Austria to waive bank secrecy and allow the exchange of account information with the United States.

Non-profit organizations are not required to file suspicious transaction reports as part of their license to operate or as a matter of law.

For further information on money laundering and financial crimes, see the 2014 International Narcotics Control Strategy Report (INCSR), Volume 2, Money Laundering and Financial Crimes: http://www.state.gov/j/inl/rls/nrcrpt/index.htm.

Regional and International Cooperation: Austria is a member of various regional security platforms, including the OSCE, the Salzburg Forum, and the Central European Initiative, which it chaired in 2014. Austria regularly leads law enforcement training programs with Salzburg Forum countries and the Balkan states.

Countering Radicalization to Violence and Violent Extremism: Austria continued efforts to counter violent extremism, largely in response to the foreign terrorist fighter phenomenon as detailed above. In addition, the Austrian government undertook or continued several other initiatives. The Integration Office within the Foreign Ministry, in cooperation with the Islamic faith community, released a flyer addressing misinterpretation of the Quran by violent extremists.

The Ministry of Foreign Affairs, in cooperation with the Islamic Faith Community undertook an information campaign in mosques, Islamic organizations, and community centers that includes education outreach to the majority population to differentiate between Islam and what Austria describes as jihadism, or violent extremism. In November, the Austrian government opened a counseling center and a de-radicalization hotline, aimed at friends and family members of potential violent extremists

The Austrian government is in the process of revising the existing 1912 Law on Islam, updating the rights and responsibilities of the Islamic communities. The law would further formalize Islam's place within Austria and contain provisions related to religious education, pastoral care in hospitals and prisons, afford some recognition of Islamic holidays, and formalize some Islamic traditions.