Designation of Foreign Terrorist Organizations
(October 23, 2002)
2002 Report on Foreign Terrorist Organizations
Released by the Office of the Coordinator for Counterterrorism
October 23, 2002
Foreign Terrorist Organizations Foreign Terrorist Organizations are foreign organizations that are designated by the Secretary of State in accordance with section 219 of the Immigration and Nationality Act (INA), as amended. FTO designations play a critical role in our fight against terrorism and are an effective means of curtailing support for terrorist activities and pressuring groups to get out of the terrorism business. Identification The Office of the Coordinator for Counterterrorism in the State Department (S/CT) continually monitors the activities of terrorist groups active around the world to identify potential targets for designation. When reviewing potential targets, S/CT looks not only at the actual terrorist attacks that a group has carried out, but also at whether the group has engaged in planning and preparations for possible future acts of terrorism or retains the capability and intent to carry out such acts. Designation Once a target is identified, S/CT prepares a detailed "administrative record," which is a compilation of information, typically including both classified and open sources information, demonstrating that the statutory criteria for designation have been satisfied. If the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, decides to make the designation, Congress is notified of the Secretary’s intent to designate the organization and given seven days to review the designation, as the INA requires. Upon the expiration of the seven-day waiting period, notice of the designation is published in the Federal Register, at which point the designation takes effect. An organization designated as an FTO may seek judicial review of the designation in the United States Court of Appeals for the District of Columbia Circuit not later than 30 days after the designation is published in the Federal Register. FTO designations expire automatically after two years, but the Secretary of State may redesignate an organization for additional two-year period(s), upon a finding that the statutory criteria continue to be met. The procedural requirements for designating an organization as an FTO also apply to any redesignation of that organization. The Secretary of State may revoke a designation or redesignation at any time upon a finding that the circumstances that were the basis for the designation or redesignation have changed in such a manner as to warrant revocation, or that the national security of the United States warrants a revocation. The same procedural requirements apply to revocations made by the Secretary of State as apply to designations or redesignations. A designation may also be revoked by an Act of Congress, or set aside by a Court order.
The Secretary of State designates Foreign Terrorist Organizations (FTOs), in consultation with the Attorney General and the Secretary of the Treasury. These designations are undertaken pursuant to the Immigration and Nationality Act, as amended by the Antiterrorism and Effective Death Penalty Act of 1996. FTO designations are valid for two years, after which they must be redesignated or they automatically expire. Redesignation after two years is a positive act and represents a determination by the Secretary of State that the organization has continued to engage in terrorist activity and still meets the criteria specified in law.
In October 1997, former Secretary of State Madeleine K. Albright approved the designation of the first 30 groups as Foreign Terrorist Organizations.
In October 1999, Secretary Albright re-certified 27 of these groups designations but allowed three organizations to drop from the list because their involvement in terrorist activity had ended and they no longer met the criteria for designation.
Secretary Albright designated one new FTO in 1999 (al Qaida) and another in 2000 (Islamic Movement of Uzbekistan).
Secretary of State Colin L. Powell has designated two new FTOs (Real IRA and AUC) in 2001.
In October 2001, Secretary Powell re-certified the designation of 26 of the 28 FTOs whose designation was due to expire, and combined two previously designated groups (Kahane Chai and Kach) into one.
Current List of Designated Foreign Terrorist Organizations (as of October 2002)
1. Abu Nidal Organization (ANO)
NOTE: For descriptions of these foreign terrorist organizations, please refer to "Patterns of Global Terrorism."
Legal Criteria for Designation
The organization must be foreign.
The organization must engage in terrorist activity as defined in Section 212 (a)(3)(B) of the Immigration and Nationality Act. (** - see below)
The organizations activities must threaten the security of U.S. nationals or the national security (national defense, foreign relations, or the economic interests) of the United States.
Effects of Designation
It is unlawful for a person in the United States or subject to the jurisdiction of the United States to provide funds or other material support to a designated FTO.
Representatives and certain members of a designated FTO, if they are aliens, can be denied visas or excluded from the United States.
U.S. financial institutions must block funds of designated FTOs and their agents and report the blockage to the Office of Foreign Assets Control, U.S. Department of the Treasury.
Deters donations or contributions to named organizations
Heightens public awareness and knowledge of terrorist organizations
Signals to other governments our concern about named organizations
Stigmatizes and isolates designated terrorist organizations internationally
The Secretary of State makes decisions concerning the designation and redesignation of FTOs following an exhaustive interagency review process in which all evidence of a groups activity, from both classified and open sources, is scrutinized. The State Department, working closely with the Justice and Treasury Departments and the intelligence community, prepares a detailed "administrative record" which documents the terrorist activity of the designated FTO. Seven days before publishing an FTO designation in the Federal Register, the Department of State provides classified notification to Congress.
Under the statute, designations are subject to judicial review. In the event of a challenge to a groups FTO designation in federal court, the U.S. government relies upon the administrative record to defend the Secretarys decision. These administrative records contain intelligence information and are therefore classified.
FTO designations expire in two years unless renewed. The law allows groups to be added at any time following a decision by the Secretary, in consultation with the Attorney General and the Secretary of the Treasury. The Secretary may also revoke designations after determining that there are grounds for doing so and notifying Congress.
** The Immigration and Nationality Act defines terrorist activity to mean: any activity which is unlawful under the laws of the place where it is committed (or which, if committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following:
(I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle).
(II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained.
(III) A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18, United States Code) or upon the liberty of such a person.
(IV) An assassination.
(V) The use of any-
(a) biological agent, chemical agent, or nuclear weapon or device, or
(b) explosive or firearm (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property.
(VI) A threat, attempt, or conspiracy to do any of the foregoing.
(iii) The term "engage in terrorist activity" means to commit, in an individual capacity or as a member of an organization, an act of terrorist activity or an act which the actor knows, or reasonably should know, affords material support to any individual, organization, or government in conducting a terrorist activity at any time, including any of the following acts:
(I) The preparation or planning of a terrorist activity.
(II) The gathering of information on potential targets for terrorist activity.
(III) The providing of any type of material support, including a safe house, transportation, communications, funds, false documentation or identification, weapons, explosives, or training, to any individual the actor knows or has reason to believe has committed or plans to commit a terrorist activity.
(IV) The soliciting of funds or other things of value for terrorist activity or for any terrorist organization.
(V) The solicitation of any individual for membership in a terrorist organization, terrorist government, or to engage in a terrorist activity.
Source: The State Department