United States State Department list of Foreign Terrorist Organizations

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"Foreign Terrorist Organization" is a designation for non-United States-based organizations deemed by the United States Secretary of State, in accordance with section 219 of the Immigration and Nationality Act of 1965 (INA), to be involved in what US authorities define as terrorist activities. Most of the organizations on the list are Islamist extremist groups, nationalist/separatist groups or Marxist militant groups.

The Department of State, along with the Treasury Department, also has the authority to designate individuals and entities as subject to counter-terrorism sanctions according to Executive Order 13224. The Treasury's Office of Foreign Assets Control maintains a separate list of such individuals and entities.[1][2]

Identification of candidates

The Office of the Coordinator for Counterterrorism (S/CT) in the US State Department continually monitors the activities of groups it does not support active around the world considered[by whom?] potentially "terrorist" to identify targets for designation. When reviewing potential targets, S/CT looks not only at the actual attacks that a group has carried out, but also at whether the group has engaged in planning and preparations for possible future acts of violence or retains the capability and intent to carry out such acts.[3]

Designation process

Once a target is identified, the Office of the Coordinator for Counterterrorism 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.[2] If the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, decides to make the designation, the United States 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.

Under the Intelligence Reform and Terrorism Prevention Act of 2004, the FTO may file a petition for revocation two years after the designation date (or in the case of redesignated FTOs, its most recent redesignation date) or two 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 five-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.

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.[3]

Legal criteria for designation

(Reflecting Amendments to Section 219 of the INA in the 2001 Patriot Act)

  • 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.
  • 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.[4]

Legal ramifications of designation

  • 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.[2] (The term "material support or resources" is defined in 18 U.S.C. § 2339A(b) as "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, transportation, and other physical assets, except medicine or religious materials.")
  • 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)).
  • 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.[4]

Other effects of designation

The U.S. Department of State lists the following items as additional considered beneficial effects of designation:[5]

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

Official designation of a group as a Foreign Terrorist Organization also triggers more robust means of combat under the Authorization for Use of Military Force act.[6]

Groups designated as Foreign Terrorist Organizations

List is current as of May 28, 2016,[7] organized by region and country of origin:

Designated Foreign Terrorist Organizations
Date Added Name Region Location of Operations Notes
October 8, 1997 Abu Nidal Organization (ANO) Middle East Palestinian Territories 62 FR 52650
October 8, 1997 Abu Sayyaf Group (ASG) Asia Philippines 62 FR 52650
October 8, 1997 Aum Shinrikyo Asia Japan 62 FR 52650
October 8, 1997 Euskadi Ta Askatasuna (Basque Fatherland and Liberty) (ETA) Europe Spain, France 62 FR 52650
October 8, 1997 Gama’a al-Islamiyya Africa, Middle East Egypt 62 FR 52650
October 8, 1997 Hamas (Islamic Resistance Movement) Middle East Palestinian Territories 62 FR 52650
October 8, 1997 Harakat ul-Mujahidin (HUM) Asia Pakistan 62 FR 52650
October 8, 1997 Hezbollah (Party of God) Middle East Lebanon 62 FR 52650
October 8, 1997 Kahane Chai Middle East Israel 62 FR 52650
October 8, 1997 Kongra-Gel (formerly Kurdistan Workers' Party) (KGK) Middle East Turkey, Iraq, Iran, Syria Formerly PKK, KADEK. 62 FR 52650.
October 8, 1997 Liberation Tigers of Tamil Eelam (LTTE) Asia Sri Lanka 62 FR 52650
October 8, 1997 National Liberation Army (ELN) South America Colombia 62 FR 52650
October 8, 1997 Palestine Liberation Front (PLF) Middle East Palestinian Territories 62 FR 52650
October 8, 1997 Islamic Jihad Group Middle East Palestinian Territories 62 FR 52650
October 8, 1997 Popular Front for the Liberation of Palestine (PFLP) Middle East Palestinian Territories 62 FR 52650
October 8, 1997 PFLP-General Command (PFLP-GC) Middle East Palestinian Territories 62 FR 52650
October 8, 1997 Revolutionary Armed Forces of Colombia (FARC) South America Colombia 62 FR 52650
October 8, 1997 Revolutionary People's Liberation Party/Front (DHKP/C) Europe Turkey 62 FR 52650
October 8, 1997 Shining Path (Sendero Luminoso, SL) South America Peru 62 FR 52650
October 8, 1999 al-Qa’ida Worldwide Afghanistan, Pakistan, Saudi Arabia 64 FR 55112
September 25, 2000 Islamic Movement of Uzbekistan (IMU) Asia Uzbekistan, Afghanistan
May 16, 2001 Real Irish Republican Army (RIRA) Europe Ireland, United Kingdom Associated with 32 County Sovereignty Movement (32CSM)
December 26, 2001 Jaish-e-Mohammed (Army of Mohammed) (JEM) Asia Pakistan
December 26, 2001 Lashkar-e Tayyiba (Army of the Righteous) (LET) Asia Pakistan
March 27, 2002 Al-Aqsa Martyrs' Brigades Middle East Palestinian Territories
March 27, 2002 Asbat an-Ansar Middle East Lebanon
March 27, 2002 al-Qa’ida in the Islamic Maghreb Africa, Middle East Algeria, Mali, Niger (formerly GSPC)
August 9, 2002 Communist Party of the Philippines/New People's Army (CPP/NPA) Asia Philippines
October 23, 2002 Jemaah Islamiya organization (JI) Asia Indonesia Also in Brunei, Malaysia, Thailand, Philippines, Singapore
January 30, 2003 Lashkar i Jhangvi Asia Pakistan
March 22, 2004 Al-Qaeda Kurdish Battalions Middle East Iraq Formerly Ansar al-Islam
July 13, 2004 Continuity Irish Republican Army (CIRA) Europe Ireland, United Kingdom
December 17, 2004 Islamic State of Iraq and the Levant (formerly Al-Qaeda in Iraq aka Tanzim Qa'idat al-Jihad fi Bilad al-Rafidayn (QJBR)) Worldwide Iraq Syria Libya Nigeria Formerly Jama'at al-Tawhid wa'al-Jihad, JTJ, al-Zarqawi Network. Al-Nusra Front is considered an alias of Al-Qaeda in Iraq[8]
June 17, 2005 Islamic Jihad Union (IJU) Asia Uzbekistan
March 5, 2008 Harkat-ul-Jihad al-Islami (HUJI-B) Asia Bangladesh
March 18, 2008 Al-Shabaab Africa Somalia
May 18, 2009 Revolutionary Struggle Europe Greece
July 2, 2009 Kata'ib Hezbollah Middle East Iraq
January 19, 2010 al-Qa'ida in the Arabian Peninsula (AQAP) Middle East Saudi Arabia
August 6, 2010 Harkat-ul-Jihad al-Islami (HUJI) Asia Bangladesh
September 1, 2010 Tehrik-i-Taliban (TTP) Asia Pakistan
November 4, 2010 Jundallah (People's Resistance Movement of Iran, or PRMI) (Iran)[9] Asia Iran
May 23, 2011 Army of Islam (Palestinian)[10] Middle East Palestinian Territories
September 19, 2011 Indian Mujahideen (IM) (India)[11] Asia India
September 19, 2011 Jamaah Ansharut Tauhid (JAT) Asia Indonesia
May 30, 2012 Abdullah Azzam Brigades Middle East Iraq
September 19, 2012 Haqqani network[12] Asia Afghanistan
March 22, 2013 Ansar Dine[13] Africa Mali
November 14, 2013 Boko Haram[14] Africa Nigeria
November 14, 2013 Ansaru[15] Africa Nigeria
December 19, 2013 al-Mulathamun Brigade[15] Africa Algeria
January 13, 2014 Ansar al-Shari'a in Benghazi[15] Africa Libya
January 13, 2014 Ansar al-Shari'a in Darnah[15] Africa Libya
January 13, 2014 Ansar al-Shari'a in Tunisia[15] Africa Tunisia
April 10, 2014 Ansar Bayt al-Maqdis[16] Africa, Middle East Egypt Also known as ISIL Sinai Province, ISIL SP [17]
May 15, 2014 Al-Nusra Front Middle East Syria
August 20, 2014 Mujahideen Shura Council in the Environs of Jerusalem Africa, Middle East Egypt
September 30, 2015 Jaysh Rijal al-Tariq al Naqshabandi (JRTN) Middle East Iraq
January 14, 2016 ISIL Khorasan Asia Afghanistan
May 19, 2016 ISIL Libya Africa Libya

Delisted Foreign Terrorist Organizations

The following groups have been removed from the State Department list, as of December 9, 2015,[7]

Delisted Foreign Terrorist Organizations
Date Added Date Removed Name Region Location of Operations Notes
October 8, 1997 October 8, 1999 DFLP-Hawatmeh Faction (DFLP) Middle East Palestinian Territories 62 FR 52650
October 8, 1997 October 8, 1999 Khmer Rouge Asia Cambodia 62 FR 52650
October 8, 1997 October 8, 1999 Manuel Rodríguez Patriotic Front – Dissidents (FPMR-D) South America Chile 62 FR 52650
October 8, 1997 October 8, 2001 Japanese Red Army (JRA) Asia Japan 62 FR 52650
October 8, 1997 October 8, 2001 Tupac Amaru Revolution Movement (MRTA) South America Peru 62 FR 52650
October 8, 1997 October 8, 2001 Revolutionary Nuclei Europe Greece 62 FR 52650
October 8, 1997 October 15, 2010 Armed Islamic Group (GIA) Arab World, Africa Algeria 62 FR 52650
October 8, 1997 September 28, 2012 Mujahedin-e Khalq (MEK) Asia, Middle East Iraq, Iran 62 FR 52650
October 11, 2005 May 28, 2013 Moroccan Islamic Combatant Group (MICG) Arab World, Africa Morocco
September 10, 2001 July 15, 2014 United Self-Defense Forces of Colombia (AUC) South America Colombia
October 8, 1997 September 3, 2015 Revolutionary Organization 17 November Europe Greece 62 FR 52650
March 27, 2002 December 9, 2015 Libyan Islamic Fighting Group (LIFG) Africa Libya

Criticism

The Centre for Humanitarian Dialogue noted in a 2006 report that third parties play no role in the designation process, and that designated organizations only learn of the designation once it has occurred, with no chance of rebuttal.[18] Listed entities may request reviews, or challenge the listing in court, but success is limited.[18]

In April 2014, Noam Chomsky criticized the list, saying:[19]

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Why should we even take the terrorist list seriously? What's the terrorist list? The executive branch of the government simply determines you're a terrorist. I put you on the list. No review. No judicial review. No defense. It's just an executive act of an authoritarian state. Why should the state have the right to determine unilaterally who's a terrorist? Do they have that right? No, they don't.

Controversies

The 2012 delisting of Mujahedin-e Khalq was supported by numerous US lawmakers, and defense and foreign policy officials, but was criticized by the National Iranian American Council.[20] The Treasury Department investigated allegations that payments to former Pennsylvania Governor Ed Rendell, on behalf of his lobbying for the MEK, had violated the legal ban on material support for an FTO.[20]

In May 2014, Republican lawmakers criticized Hillary Clinton's decision during her tenure as United States Secretary of State to not designate Boko Haram as an FTO. Clinton's concern was that the designation would give what was seen as a domestic group international attention. John Kerry added the group and its offshoot Ansaru to the list in November, 2013.[6]

In August, 2014 the Christian Science Monitor reported that US military coordination with Kurdish forces in Iraq, including elements of the PKK, seemed to be in violation of the ban on assistance to a designated FTO.[21]

See also

References

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  19. Noam Chomsky | Talks at Google Google on YouTube 50:00-52:00
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External links