t4 b1 state issues fdr- entire contents- reference materials- 1st pgs only- for reference 133

8/14/2019 T4 B1 State Issues Fdr- Entire Contents- Reference Materials- 1st Pgs Only- For Reference 133

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Order Code RL32120

CRS Report for CongressReceived through the CRS Web

The "FTO List" and Congress:Sanctioning Designated ForeignTerrorist Organizations

October 21, 2003

Audrey Kurth CroninSpecialist in TerrorismForeign Affairs, Defense, and Trade Division

Congressional Research Service


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DESIGNATING FOREIGN TERRORIST ORGANIZATIONS UNDERU.S. LAW

The process of designating a Foreign TerroristOrganization under the authorities of the Antiterrorismand Effective Death Penalty Act of 1996, Public Law 104-132, Section 301) is a detailed and extensive effort.The State Department, working closely with theintelligence community, and Departments of Justice andTreasury, must first compile an Administrative Record --an exhaustive dossier of evidence -- that documents thegroup's involvement in terrorist activities. Bothclassified and unclassified sources are used in preparingthe administrative record.

This administrative record then undergoes an extensiveinteragency review as the Secretary of State'sdesignations must be made in consultation with AttorneyGeneral and the Secretary of Treasury. Congress also included in the 1996 law a provision thatmakes a designation subject to judicial review in theU.S. Court of Appeals for the District of Colombia.Thus, the Administrative Record, which is usuallyclassified because it contains intelligence material,must withstand court scrutiny. (Several groups have

challenged the designations. Thus far, the Court hasupheld the designations.)

Seven days before publishing an FTO designation in theFederal Register, the Department of State providesclassified notification to Congress. The designation takeseffect upon publication. FTO designations expire in two years unless renewed. Thelaw allows groups to be designated at any time following adecision by the Secretary, in consultation with theAttorney General and the Secretary of the Treasury. TheSecretary may also revoke designations after determiningthat the statutory requirements have been met.


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S / C T O r g i i z a t i o n P l a n .V- .-*

Staff Assistant

RegionalsK . Agui lar

Coord ina to rfo r Coun t e r t e r ro r i smAmb. Cofer BlackStaff Assis tantL i b b y Braun

Pol icy , PlansK . Wycoff)

See Page 2 Se e Page 3

Pr inc ipa l De pu tyC o o r d i n a t o rWil l i am Pope

A d min i s t r a t i onR . Ga i n

Strategic Plann ing ,Programs, & B u d g e t

Staff Assistant

OperationsC o l . C. Burgos

I Liaison OfficersI I I9/11 Closed by StatuteII I

See Page 4

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S / C T O r g a n i z a t i o n P l a nDepu ty for Reg iona l Affa i r sKaren Agui la r

QMS QMS

Office Director

Regiona ls

EA P

EUR

A F

W H A

SA

N EA

Multilateral / G-8

Designations

Exec Order

TEL

FTO

U N S C R 1267

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Public Affa i r s TSWG

s / C T O r g a n i z a t i o n P kA sso cia te Co o r d in a to r fo rPolicy, Plans, Programs,Pu b l ic Dip lo macyK a r l W y c o f f

QMS QMS

Off ice Director( a n d R&D/TSWG)

:A I I

Legislative 4 -

fCapacity Bu i ld in g

A T AT r a i n i n g

TIPP r o g r a m

T" TerrorismF i n a n c e

Senior PolicyW o r k Shops

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QMS

Director ofPlans/Policy

C o m m oSuppor t FEST

S/CT OperationsKavyHillAnnexAssociate Coordinator

fo r OperationsCol. Carlos Burgos

Office Director TOPOFF

Director CrisisResponse

Reserve A ugm e n ta t i on

Sensitive Support

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Executive Order 13224 Page 1 o f 5

U . S . D E P A R T M E N T o f S T A T EFact SheetOffice of the Coordinator for CounterterrorismWashington, DCDecember 20, 2002Executive Order 13224President Bush signed Executive Order 13224 on September 23, 2001. Executive Order 13224 gives the U.S.government a powerful tool to impede terrorist funding and is part of our national comm itment to lead theinternational effort to bring a halt to the evil of terrorist activity. President Bush issued Executive Order 13224pursuant to the authorities of the International Emergency Econom ic P ow ers Act (50 U.S.C. 1701 et seq.)(IEEPA), the National Em ergencies Act (50 U.S.C. 1601 et seq.), section 5 of the United Nations ParticipationAct of 1945, as am ended (22 U.S.C. 287c)(UNP A), and section 301 of title 3, United States Code. In issuingExecutive O rder 13224, President Bush declared a national emergency to deal with the unusual andextraordinary threat to the national security, foreign policy, and econom y of the U nited States posed by graveacts of terrorism and threats of terrorism committed by foreign terrorists, including the terrorist attacks in NewYork and Pennsylvania, and on the Pentagon committed on September 11, 2001, and the continuing andimmediate threat of further attacks on U.S. nationals or the United States.In general terms, the Order provides a m eans by which to disrupt the financial support network for terroristsand terrorist organizations by authorizing the U.S. government to designate a nd block the as sets of foreignindividuals and entities that com mit, or pose a significant risk of committing, acts of terrorism. In addition,because o f the perva siveness and expansiveness of the financial foundations of fo reign terrorists, the Orderauthorizes the U.S. government to block the assets of individuals and entities that provide support, services, orassistance to, or otherwise associate with, terrorists and terrorist organizations designated under the Order, aswell as their subsidiaries, front organizations, agents, and associates.Designation CriteriaIn addition to the 29 individuals and entities designated by the President and listed in the Annex to theExecutive Order, as am ended by Executive Order 13268 of July 2, 2002, the O rder provides authority for thedesignation (and blocking of assets) of additional individuals or entities (defined to mean partnerships,associations, co rporations, or other organizations, grou ps, or subgroups):

The Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General,ma y designate foreign individuals or entities that he determines ha ve com mitted, or pose a significantrisk of com mitting, acts of terrorism that threaten the security of U.S. nationals or the national security,foreign policy, or economy of the U.S.; The Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General,

may designate individuals or entities that are determined: To be owned or controlled by, or act for or on behalf of an individual or entity listed in the Annex to theOrder or by or for persons determined to be subject to subsection 1 (b), 1 (c), or 1 (d)(i) of this Order; To assist in, sponsor, or provide financ ial, ma terial, or technological support for, or financial or otherservices to or in support of, acts of terrorism or individuals or entities designated in or under the Order;or To be otherwise associated with certain individuals or entities designated in or under the Order.

http://www.state.gOv/s/ct/rls/fs/2002/16181pf.htm 9/30/03


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Foreign Terrorist Organizations Page 1 of 4

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[Print Friendly Version]

Fact SheetOffice o f CounterterrorismWashington, DCMay 23, 2003Foreign Terrorist OrganizationsForeign Terrorist Organizations are foreign organizations that are designated by the Secretary of State inaccordance with section 219 of the Immigration and Nationality Act (INA), as amended. FTO designations playa critical role in our fight against terrorism and are an effective means of curtailing support for terrorist activitiesand pressuring groups to get out of the terrorism business.IdentificationThe Office of the Coordinator for Counterterrorism in the State Department (S/CT) continually monitors theactivities of terrorist groups active around the world to identify potential targets for designation. When reviewingpotential targets, S/CT looks not only at the actual terrorist attacks that a group has carried out, but also atwhether the group has engaged in planning and preparations for possible future acts of terrorism or retains thecapability and intent to carry out such acts.DesignationOnce a target is identified, S/CT prepares a detailed "administrative record," which is a compilation ofinformation, typically including both classified and open sources information, demonstrating that the statutorycriteria for designation have been satisfied. If the Secretary of State, in consultation with the Attorney Generaland the Secretary of the Treasury, decides to make the designation, Congress is notified of the Secretary'sintent to designate the organization and given seven days to review the designation, as the INA requires. Uponthe expiration of the seven-day waiting period, notice of the designation is published in the Federal Register, atwhich point the designation takes effect. An organization designated as an FTO may seek judicial review of thedesignation in the United States Court of Appeals for the District of Columbia Circuit not later than 30 days afterthe designation is published in the Federal Register.FTO designations expire automatically after two years, but the Secretary of State may redesignate anorganization for additional two-year period(s), upon a finding that the statutory criteria continue to be met. Theprocedural requirements for designating anorganization as an FTO also apply to any redesignation of thatorganization. The Secretary of State may revoke a designation or redesignation at any time upon a finding thatthe circumstances that were the basis for the designation or redesignation have changed in such a manner asto warrant revocation, or that the national security of the United States warrants a revocation. The sameprocedural requirements apply to revocations made by the Secretary of State as apply to designations orredesignations. A designation may also be revoked by an Act of Congress, or set aside by a Court order.Legal Criteria for Designation(ReflectingAmendmentstoSection 219 of the INA in the USA PATRIOTAct of 2001)

1. It must be a foreign organization.2. The organization must engage in terrorist activity, as defined in section 212 (a)(3)(B) of the INA(8 U.S.C. 1182(a)(3)(B)),* or terrorism, as defined in section 140(d)(2) of the Foreign RelationsAuthorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)),** or retain thecapability and intent to engage in terrorist activity or terrorism.

http://www.state.gOv/s/ct/rls/fs/2003/12389.htm 6/2/03


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70for Fiscal Year 1999 (Public

tment of State Administration of Foreign Af -d Consular Programs(Public Law 96-449) .

9191919193 1. State Department Basic Authorities Act of 1956

pubKc Law84-885[S. 2569], 70 StaL 890, approved August 1, 1956, asamendedAN ACT To provide certain basic authority for the Department ofState.

Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled, That this Act maybe cited as the "State Department Basic Authorities Act of 1956".TITLE I BASIC AUTHORITIES GENERALLY

ORGANIZATION OF THE DEPARTMENT OF STATESECTION 1. (a) SECRETARY O F STATE.

* * * * * * *(f )1 COORDINATOR FO R COUNTERTERRORISM.(1) IN GENERAL. There is within the office of the Secretary ofState a Coordinator for Counterterrorism (in this paragraph re-ferred to as the 'Coordinator') who shall be appointed by the Presi-dent, by and with the advice and consent of the Senate.(2 ) DUTIES.(A) IN GENERAL. The Coordinator shall perform such duties

and exercise such powers as the Secretary of State shall pre-(B) D UTIES D ESC RIBED . The principal duty of the Coordina-tor shall be the overall supervision (including policy oversightof resources) of international counterterrorism activities. TheCoordinator shall be the principal adviser to the Secretary ofState on international counterterrorism matters. The Coordina-tor shall be the principal counterterrorism official within thesenior management of the Department of State and shall re-port directly to the Secretary of State.(3) RANK AND STATUS O F AMBASSADOR. The Coordinator shallhave the rank and status of Ambassador at Large.".

SEC, 36.* DEPARTMENTOF STATEREWARDSPROGRAM.(a) ESTABLISHM ENT.(1) INGENERAL.There is established a programfor the pay-ment ofrewards to carry out the purposes of this section.- U D U C Uw 105-277 (112 Stat 2681-824)oy sec. 102 of PubUc-lw98-533 (98 SUt. 2708). It wasLaw 100-690 (102 SUt. 4287); by Public Uw 103-236 (108

SUt. 619)- byPublic Uw 1O4-134 (110 SUt. 1321-45); In 1998, sec. 36 was "?*d - Jc. 2202 of Public Uw 105-277 (112 SUt. 2681-805) and subsequently by sec. 101 of PubbcUw 105-323 (112 SUt. 3029).

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t4 b1 state issues fdr- entire contents- reference materials- 1st pgs only- for reference 133

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