August 29, 2014

  • Foreign Terrorist Organizations

    Foreign Terrorist Organizations (FTOs) 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.

    Designated Foreign Terrorist Organizations

    Date Designated

    Name

    10/8/1997

    Abu Nidal Organization (ANO)

    10/8/1997

    Abu Sayyaf Group (ASG)

    10/8/1997

    Aum Shinrikyo (AUM)

    10/8/1997

    Basque Fatherland and Liberty (ETA)

    10/8/1997

    Gama’a al-Islamiyya (Islamic Group) (IG)

    10/8/1997

    HAMAS

    10/8/1997

    Harakat ul-Mujahidin (HUM)

    10/8/1997

    Hizballah

    10/8/1997

    Kahane Chai (Kach)

    10/8/1997

    Kurdistan Workers Party (PKK) (Kongra-Gel)

    10/8/1997

    Liberation Tigers of Tamil Eelam (LTTE)

    10/8/1997

    National Liberation Army (ELN)

    10/8/1997

    Palestine Liberation Front (PLF)

    10/8/1997

    Palestinian Islamic Jihad (PIJ)

    10/8/1997

    Popular Front for the Liberation of Palestine (PFLF)

    10/8/1997

    PFLP-General Command (PFLP-GC)

    10/8/1997

    Revolutionary Armed Forces of Colombia (FARC)

    10/8/1997

    Revolutionary Organization 17 November (17N)

    10/8/1997

    Revolutionary People’s Liberation Party/Front (DHKP/C)

    10/8/1997

    Shining Path (SL)

    10/8/1999

    al-Qa’ida (AQ)

    9/25/2000

    Islamic Movement of Uzbekistan (IMU)

    5/16/2001

    Real Irish Republican Army (RIRA)

    12/26/2001

    Jaish-e-Mohammed (JEM)

    12/26/2001

    Lashkar-e Tayyiba (LeT)

    3/27/2002

    Al-Aqsa Martyrs Brigade (AAMB)

    3/27/2002

    Asbat al-Ansar (AAA)

    3/27/2002

    al-Qaida in the Islamic Maghreb (AQIM)

    8/9/2002

    Communist Party of the Philippines/New People's Army (CPP/NPA)

    10/23/2002

    Jemaah Islamiya (JI)

    1/30/2003

    Lashkar i Jhangvi (LJ)

    3/22/2004

    Ansar al-Islam (AAI)

    7/13/2004

    Continuity Irish Republican Army (CIRA)

    12/17/2004

    Libyan Islamic Fighting Group (LIFG)

    12/17/2004

    Islamic State of Iraq and the Levant (formerly al-Qa'ida in Iraq)

    6/17/2005

    Islamic Jihad Union (IJU)

    3/5/2008

    Harakat ul-Jihad-i-Islami/Bangladesh (HUJI-B)

    3/18/2008

    al-Shabaab

    5/18/2009

    Revolutionary Struggle (RS)

    7/2/2009

    Kata'ib Hizballah (KH)

    1/19/2010

    al-Qa'ida in the Arabian Peninsula (AQAP)

    8/6/2010

    Harakat ul-Jihad-i-Islami (HUJI)

    9/1/2010

    Tehrik-e Taliban Pakistan (TTP)

    11/4/2010

    Jundallah

    5/23/2011

    Army of Islam (AOI)

    9/19/2011

    Indian Mujahedeen (IM)

    3/13/2012

    Jemaah Anshorut Tauhid (JAT)

    5/30/2012

    Abdallah Azzam Brigades (AAB)

    9/19/2012

    Haqqani Network (HQN)

    3/22/2013

    Ansar al-Dine (AAD)

    11/14/2013

    Boko Haram

    11/14/2013

    Ansaru

    12/19/2013

    al-Mulathamun Battalion

    1/13/2014

    Ansar al-Shari'a in Benghazi

    1/13/2014

    Ansar al-Shari'a in Darnah

    1/13/2014

    Ansar al-Shari'a in Tunisia
    4/10/2014

    Ansar Bayt al-Maqdis

    5/15/2014

    al-Nusrah Front

    8/20/2014

    Mujahidin Shura Council in the Environs of Jerusalem (MSC)

    Delisted Foreign Terrorist Organizations

    Date Removed

    Name

    Date Orginally Designated

    10/8/1999

    Democratic Front for the Liberation of Palestine -Hawatmeh Faction

    10/8/1997

    10/8/1999

    Khmer Rouge

    10/8/1997

    10/8/1999

    Manuel Rodriguez Patriotic Front Dissidents

    10/8/1997

    10/8/2001

    Japanese Red Army

    10/8/1997

    10/8/2001

    Tupac Amaru Revolution Movement

    10/8/1997

    5/18/2009

    Revolutionary Nuclei

    10/8/1997

    10/15/2010

    Armed Islamic Group (GIA)

    10/8/1997

    9/28/2012

    Mujahedin-e Khalq Organization (MEK)

    10/8/1997

    5/28/2013

    Moroccan Islamic Combatant Group (GICM)10/11/2005
    7/15/2014United Self Defense Forces of Colombia 9/10/2001

    Identification
    The Bureau of Counterterrorism in the State Department (CT) continually monitors the activities of terrorist groups active around the world to identify potential targets for designation. When reviewing potential targets, 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, 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 and in the absence of Congressional action to block the designation, notice of the designation is published in the Federal Register, at which point the designation takes effect. By law 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.

    Until recently the INA provided that FTOs must be redesignated every 2 years or the designation would lapse. Under the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), however, the redesignation requirement was replaced by certain review and revocation procedures. IRTPA provides that an FTO may file a petition for revocation 2 years after its designation date (or in the case of redesignated FTOs, its most recent redesignation date) or 2 years after the determination date on its most recent petition for revocation. In order to provide a basis for revocation, the petitioning FTO must provide evidence that the circumstances forming the basis for the designation are sufficiently different as to warrant revocation. If no such review has been conducted during a 5 year period with respect to a designation, then the Secretary of State is required to review the designation to determine whether revocation would be appropriate. In addition, the Secretary of State may at any time revoke a designation upon a finding that the circumstances forming the basis for the designation 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. A designation may be revoked by an Act of Congress, or set aside by a Court order.

    Legal Criteria for Designation under Section 219 of the INA as amended

    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 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.
    3. The organization’s terrorist activity or terrorism must threaten the security of U.S. nationals or the national security (national defense, foreign relations, or the economic interests) of the United States.

    Legal Ramifications of Designation

    1. It is unlawful for a person in the United States or subject to the jurisdiction of the United States to knowingly provide "material support or resources" to a designated FTO. (The term "material support or resources" is defined in 18 U.S.C. § 2339A(b)(1) as " any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who maybe or include oneself), and transportation, except medicine or religious materials.” 18 U.S.C. § 2339A(b)(2) provides that for these purposes “the term ‘training’ means instruction or teaching designed to impart a specific skill, as opposed to general knowledge.” 18 U.S.C. § 2339A(b)(3) further provides that for these purposes the term ‘expert advice or assistance’ means advice or assistance derived from scientific, technical or other specialized knowledge.’’
    2. Representatives and members of a designated FTO, if they are aliens, are inadmissible to and, in certain circumstances, removable from the United States (see 8 U.S.C. §§ 1182 (a)(3)(B)(i)(IV)-(V), 1227 (a)(1)(A)).
    3. Any U.S. financial institution that becomes aware that it has possession of or control over funds in which a designated FTO or its agent has an interest must retain possession of or control over the funds and report the funds to the Office of Foreign Assets Control of the U.S. Department of the Treasury.

    Other Effects of Designation

    1. Supports our efforts to curb terrorism financing and to encourage other nations to do the same.
    2. Stigmatizes and isolates designated terrorist organizations internationally.
    3. Deters donations or contributions to and economic transactions with named organizations.
    4. Heightens public awareness and knowledge of terrorist organizations.
    5. Signals to other governments our concern about named organizations.

    Revocations of Foreign Terrorist Organizations

    The Immigration and Nationality Act sets out three possible basis for revoking a Foreign Terrorist Organization designation:

    1. The Secretary of State must revoke a designation if the Secretary finds that the circumstances that were the basis of the designation have changed in such a manner as to warrant a revocation;
    2. The Secretary of State must revoke a designation if the Secretary finds that the national security of the United States warrants a revocation;
    3. The Secretary of State may revoke a designation at any time.

    Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified. The revocation of a designation shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation.


    Source: STATE

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