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

Order Code RL32120

CRS Report for Congress Received through the CRS Web

The "FTO List" and Congress: Sanctioning Designated Foreign Terrorist Organizations

October 21, 2003

Audrey Kurth Cronin Specialist in Terrorism Foreign Affairs, Defense, and Trade Division

Congressional Research Service <» The Library of Congress

DESIGNATING FOREIGN TERRORIST ORGANIZATIONS UNDER U.S. LAW

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The process of designating a Foreign Terrorist Organization under the authorities of the Antiterrorism and Effective Death Penalty Act of 1996, Public Law 104132, Section 301) is a detailed and extensive effort. The State Department, working closely with the intelligence community, and Departments of Justice and Treasury, must first compile an Administrative Record -an exhaustive dossier of evidence -- that documents the group's involvement in terrorist activities. Both classified and unclassified sources are used in preparing the administrative record.

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This administrative record then undergoes an extensive interagency review as the Secretary of State's designations must be made in consultation with Attorney General and the Secretary of Treasury.

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Congress also included in the 1996 law a provision that makes a designation subject to judicial review in the U.S. Court of Appeals for the District of Colombia. Thus, the Administrative Record, which is usually classified because it contains intelligence material, must withstand court scrutiny. (Several groups have challenged the designations. Thus far, the Court has upheld the designations.)

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Seven days before publishing an FTO designation in the Federal Register, the Department of State provides classified notification to Congress. The designation takes effect upon publication.

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FTO designations expire in two years unless renewed. The law allows groups to be designated 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 the statutory requirements have been met.

S/CTOrgiizationPlan

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Coordinator for Counterterrorism Amb. Cofer Black Staff Assistant Libby Braun Principal Deputy Coordinator William Pope

Staff Assistant

Staff Assistant

Regionals K. Aguilar

Policy, Plans K. Wycoff)

Administration R. Gain

Operations Col. C. Burgos

I Liaison Officers

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See Page 3 Strategic Planning, Programs, & Budget

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S/CT Organization Plan Deputy for Regional Affairs Karen Aguilar

QMS

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Office Director

Designations

Regionals

EAP

WHA

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SA

AF

NEA

Multilateral / G-8

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Exec Order

FTO

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s/CT Organization Pk Associate Coordinator for Policy, Plans, Programs, Public Diplomacy Karl Wycoff

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Office Director (and R&D/TSWG)

Public Affairs

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4Capacity Building ATA Training

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S/CT Operations Kavy Hill Annex Associate Coordinator for Operations Col. Carlos Burgos

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Director of Plans/Policy

Commo Support FEST

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Director Crisis Response

Reserve Augmentation

Sensitive Support

6/18/03

Executive Order 13224

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U.S. DEPARTMENT of STATE Fact Sheet Office of the Coordinator for Counterterrorism Washington, DC December 20, 2002

Executive Order 13224 President 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 commitment to lead the international effort to bring a halt to the evil of terrorist activity. President Bush issued Executive Order 13224 pursuant to the authorities of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the United Nations Participation Act of 1945, as amended (22 U.S.C. 287c)(UNPA), and section 301 of title 3, United States Code. In issuing Executive Order 13224, President Bush declared a national emergency to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by grave acts of terrorism and threats of terrorism committed by foreign terrorists, including the terrorist attacks in New York and Pennsylvania, and on the Pentagon committed on September 11, 2001, and the continuing and immediate threat of further attacks on U.S. nationals or the United States. In general terms, the Order provides a means by which to disrupt the financial support network for terrorists and terrorist organizations by authorizing the U.S. government to designate and block the assets of foreign individuals and entities that commit, or pose a significant risk of committing, acts of terrorism. In addition, because of the pervasiveness and expansiveness of the financial foundations of foreign terrorists, the Order authorizes the U.S. government to block the assets of individuals and entities that provide support, services, or assistance to, or otherwise associate with, terrorists and terrorist organizations designated under the Order, as well as their subsidiaries, front organizations, agents, and associates. Designation Criteria In addition to the 29 individuals and entities designated by the President and listed in the Annex to the Executive Order, as amended by Executive Order 13268 of July 2, 2002, the Order provides authority for the designation (and blocking of assets) of additional individuals or entities (defined to mean partnerships, associations, corporations, or other organizations, groups, or subgroups): • The Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General, may designate foreign individuals or entities that he determines have committed, or pose a significant risk of committing, 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 the Order 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 financial, material, or technological support for, or financial or other services 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

Foreign Terrorist Organizations

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[Print Friendly Version]

Fact Sheet Office of Counterterrorism Washington, DC May 23, 2003 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. Legal Criteria for Designation (Reflecting Amendments to Section 219 of the INA in the USA PATRIOT Act of 2001) 1. 2.

It must be a foreign organization. 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 Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. § 2656f(d)(2)),** or retain the capability and intent to engage in terrorist activity or terrorism.

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

6/2/03

70 for Fiscal Year 1999 (Public

91 91 tment of State Administration of Foreign Afd Consular Programs (Public Law 96-449) .

91 91 93

1. State Department Basic Authorities Act of 1956 pubKc Law 84-885 [S. 2569], 70 StaL 890, approved August 1, 1956, as amended AN ACT To provide certain basic authority for the Department of State.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "State Department Basic Authorities Act of 1956". TITLE I—BASIC AUTHORITIES GENERALLY ORGANIZATION OF THE DEPARTMENT OF STATE

SECTION 1. (a) SECRETARY OF STATE.— * * * * * * * (f)1 COORDINATOR FOR COUNTERTERRORISM.— (1) IN GENERAL.—There is within the office of the Secretary of State a Coordinator for Counterterrorism (in this paragraph referred to as the 'Coordinator') who shall be appointed by the President, 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) DUTIES DESCRIBED.—The principal duty of the Coordinator shall be the overall supervision (including policy oversight of resources) of international counterterrorism activities. The Coordinator shall be the principal adviser to the Secretary of State on international counterterrorism matters. The Coordinator shall be the principal counterterrorism official within the senior management of the Department of State and shall report directly to the Secretary of State. (3) RANK AND STATUS OF AMBASSADOR.— The Coordinator shall have the rank and status of Ambassador at Large.". SEC, 36.* DEPARTMENT OF STATE REWARDS PROGRAM.

(a) ESTABLISHMENT.— (1) IN GENERAL.—There is established a program for the payment of rewards to carry out the purposes of this section. -UDUC Uw 105-277 (112 Stat 2681-824) oy sec. 102 of PubUc-l»w 98-533 (98 SUt. 2708). It was Law 100-690 (102 SUt. 4287); by Public Uw 103-236 (108 SUt. 619)- by Public Uw 1O4-134 (110 SUt. 1321-45); In 1998, sec. 36 was «"«?*«d -^J^ «c. 2202 of Public Uw 105-277 (112 SUt. 2681-805) and subsequently by sec. 101 of Pubbc Uw 105-323 (112 SUt. 3029). (71)