Background 

The Secretary of State designates Foreign Terrorist Organizations (FTO’s), 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 Qa’ida) and another in 2000 (Islamic Movement of Uzbekistan).
• Secretary of State Colin L. Powell has designated two new FTO’s (Real IRA and AUC) in 2001.
• In October 2001, Secretary Powell re-certified the designation of 26 of the 28 FTO’s 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 5, 2001) 

NOTE: For descriptions of these foreign terrorist organizations, please refer to "Patterns of Global Terrorism: 2000."

Legal Criteria for Designation 

1. The organization must be foreign.
2. The organization must engage in terrorist activity as defined in Section 212 (a)(3)(B) of the Immigration and Nationality Act. (** - see below)
3. The organization’s 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 

Legal

1. 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.
2. Representatives and certain members of a designated FTO, if they are aliens, can be denied visas or excluded from the United States.
3. U.S. financial institutions must block funds of designated FTO’s and their agents and report the blockage to the Office of Foreign Assets Control, U.S. Department of the Treasury.

Other Effects

1. Deters donations or contributions to named organizations
2. Heightens public awareness and knowledge of terrorist organizations
3. Signals to other governments our concern about named organizations
4. Stigmatizes and isolates designated terrorist organizations internationally

The Process 

The Secretary of State makes decisions concerning the designation and redesignation of FTO’s following an exhaustive interagency review process in which all evidence of a group’s 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 group’s FTO designation in federal court, the U.S. government relies upon the administrative record to defend the Secretary’s 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.

Date/Time Last Modified: 6/17/2002 3:37:20 PM

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