Terrorism: United States Law & Practise

US Antiterrorism and Effective Death Penalty Act of 1996

S.735

SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

(a) IN GENERAL- Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding at the end the following:

`SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

`(a) DESIGNATION-

`(1) IN GENERAL- The Secretary is authorized to designate an organization as a foreign terrorist organization in accordance with this subsection if the Secretary finds that--

`(A) the organization is a foreign organization;

`(B) the organization engages in terrorist activity (as defined in section 212(a)(3)(B)); and

`(C) the terrorist activity of the organization threatens the security of United States nationals or the national security of the United States.

`(2) PROCEDURE-

`(A) NOTICE- Seven days before making a designation under this subsection, the Secretary shall, by classified communication--

`(i) notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees, in writing, of the intent to designate a foreign organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor; and

`(ii) seven days after such notification, publish the designation in the Federal Register.

`(B) EFFECT OF DESIGNATION-

`(i) For purposes of section 2339B of title 18, United States Code, a designation under this subsection shall take effect upon publication under subparagraph (A).

`(ii) Any designation under this subsection shall cease to have effect upon an Act of Congress disapproving such designation.

`(C) FREEZING OF ASSETS- Upon notification under paragraph (2), the Secretary of the Treasury may require United States financial institutions possessing or controlling any assets of any foreign organization included in the notification to block all financial transactions involving those assets until further directive from either the Secretary of the Treasury, Act of Congress, or order of court.

`(3) RECORD-

`(A) IN GENERAL- In making a designation under this subsection, the Secretary shall create an administrative record.

`(B) CLASSIFIED INFORMATION- The Secretary may consider classified information in making a designation under this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c).

`(4) PERIOD OF DESIGNATION-

`(A) IN GENERAL- Subject to paragraphs (5) and (6), a designation under this subsection shall be effective for all purposes for a period of 2 years beginning on the effective date of the designation under paragraph (2)(B).

`(B) REDESIGNATION- The Secretary may redesignate a foreign organization as a foreign terrorist organization for an additional 2-year period at the end of the 2-year period referred to in subparagraph (A) (but not sooner than 60 days prior to the termination of such period) upon a finding that the relevant circumstances described in paragraph (1) still exist. The procedural requirements of paragraphs (2) and (3) shall apply to a redesignation under this subparagraph.

`(5) REVOCATION BY ACT OF CONGRESS- The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1).

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Immigration and Nationality Act (8 U.S.C. 1181 et seq.)

TITLE 8, CHAPTER 12, SUBCHAPTER II, Part II

Sec. 1182. Excludable aliens

STATUTE

(a)

Classes of excludable aliens

Except as otherwise provided in this chapter, the following describes classes of excludable aliens who are ineligible to receive visas and who shall be excluded from admission into the United States:

(1)

Health-related grounds...

(2)

Criminal and related grounds...

(3)

Security and related grounds

(A)

In general...

 

(B)

Terrorist activities

(i)

In general

Any alien who -

(I)

has engaged in a terrorist activity, or 

(II)

a consular officer or the Attorney General knows, or has reasonable ground to believe, is likely to engage after entry in any terrorist activity (as defined in clause (iii)), is excludable. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this chapter, to be engaged in a terrorist activity.

(ii)

''Terrorist activity'' defined

As used in this chapter, the term ''terrorist activity'' means 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) 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)

''Engage in terrorist activity'' defined

As used in this chapter, 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 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.

(C)

Foreign policy...

(D)

Immigrant membership in totalitarian party...

(E)

Participants in Nazi persecutions or genocide...

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