19 December 2001
Text: U.S. Report to UNSC on Counterterrorism Measures
(U.S. submits report required by UNSC res 1373) (11240)
United Nations -- The United States submitted a 24-page report to the
UN Security Council's Counterterrorism Committee December 19 outlining
specific steps it has taken to cut off financing of terrorist groups
and their activities.
According to UNSC resolution 1373 passed in September 2001, the United
States, as are all of the UN's 189 member states, is required to
submit a report to the committee by the end of December 2001. The
resolution requires nations to specifically target terrorists'
fundraising activities, financial assets and their ability to cross
borders and acquire weapons.
In addition to discussing what it has done, the United States noted in
the report that many states will have to make changes in their laws,
regulations and practices to fully implement resolution 1371 and said
it "is ready to provide technical assistance to help in these efforts.
We will work closely with other nations who also have the capacity to
assist and with those seeking assistance."
"Cooperation is key to success," the report said.
Measures taken by the United States include:
-- freezing assets of 153 foreign individuals, groups and entities
linked to terrorist acts;
-- creating a Foreign Terrorist Tracking Task Force aimed at denying
entry into the U.S. of persons suspected of being terrorists;
-- designing new tamper-resistant U.S. visas;
-- intensifying border discussions with Canada and Mexico to improve
border security;
-- enacting the USA PATRIOT Act significantly expanding the ability of
law enforcement to investigate and prosecute terrorists;
-- designating more than 40 groups as "terrorist organizations," and
-- creating an interagency Financial Investigation Group to examine
finance arrangements used to support terrorist attacks.
Following is the U.S. text of the report:
(begin text)
United States of America
Report to the Counterterrorism Committee pursuant to paragraph 6 of
Security Council resolution 1373 of 28 September 2001 Implementation
of UNSCR 1373
INTRODUCTION AND SUMMARY
On the day after the heinous September 11 terrorist attacks in
Washington and New York, the General Assembly of the United Nations,
by consensus of the 189 member states, called for international
cooperation to prevent and eradicate acts of terrorism and to hold
accountable the perpetrators and those who harbor or support them.
That same day, the United Nations Security Council unanimously
determined, for the first time ever, any act of international
terrorism to be a threat to international peace and security. This
determination laid the foundation for Security Council action to bring
together the international community under a common set of obligations
in the fight to end international terrorism.
On September 28, 2001, the Security Council unanimously adopted
resolution 1373 under Chapter VII of the Charter of the United
Nations. This historic resolution established a body of legally
binding obligations on all UN member states. It defined the common
core of the new international campaign to deal with international
terrorists, their organizations, and those who support them.
Its provisions require, among other things, that all member states
prevent the financing of terrorism and deny safe haven to terrorists.
States will need to review and strengthen their border security
operations, banking practices, customs and immigration procedures, law
enforcement and intelligence cooperation, and arms transfer controls.
All states are called upon to increase cooperation and share pertinent
information with respect to these efforts. Resolution 1373 also
mandated that each state report on the steps it had taken, and
established a committee of the Security Council to monitor
implementation. The committee will highlight best practices, identify
gaps, and help coordinate advice and assistance to states that need
it.
Full implementation of resolution 1373 will require each UN member
state to take specific measures to combat terrorism. Most states will
have to make changes in their laws, regulations, and practices. Those
with the capacity to assist in these changes will be needed to help
those who lack the expertise and resources to achieve full
implementation. As this report that follows makes clear, the United
States is ready to provide technical assistance to help in these
efforts. We will work closely with other nations who also have the
capacity to assist, and with those seeking assistance. Cooperation is
key to success.
It will be especially important that these efforts be sustained in the
coming months and years. The goal should be to ensure through the UN
that enduring mechanisms are created, and that existing institutions
are utilized, to raise the capabilities of all nations to confront the
threat of terrorism. As UNSCR 1373 recognizes, there will be a need
for enhanced coordination of efforts on national, subregional,
regional and global levels.
The United States is waging a broad-ranging campaign both at home and
abroad against terrorism, including by taking military action in
Afghanistan. As another way of combating terrorism internationally,
the United States strongly supports UNSCR 1373 and the Counter
Terrorist Committee set up by the resolution, and wishes to see full
implementation by all states. As President Bush has promised: "We will
direct every resource at our command -- every means of diplomacy,
every tool of intelligence, every instrument of law enforcement, every
financial influence, and every necessary weapon of war -- to the
disruption and to the defeat of the global terror network."
Our report details only some of the many steps that we have been
taking to combat terrorism and comply with UNSCR 1373. But, we intend
to do even more to ensure that we have taken all appropriate measures.
The following is a list of some of the steps taken, which are detailed
in this report.
Steps taken by the U.S.
-- On September 23, Executive Order (E.O.) 13224, froze all the assets
of 27 foreign individuals, groups, and entities linked to terrorist
acts or supporting terrorism and authorized the freezing of assets of
those who commit, or pose a significant threat of committing, acts of
terrorism.
-- On September 28, the U.S. sponsored the UN Security Council
Resolution 1373, calling on all UN members to criminalize the
provision of funds to all terrorists, effectively denying terrorists
safe financial haven anywhere.
-- On October 5, 2001, the Secretary of State, in consultation with
the Attorney General and the Secretary of the Treasury, redesignated
25 terrorist organizations (including al-Qaeda) as foreign terrorist
organizations pursuant to the Antiterrorism and Effective Death
Penalty Act of 1996. Giving material support or resources to any of
these foreign organizations is a felony under U.S. law.
-- On October 12, the U.S. added 39 names to the list of individuals
and organizations linked to terrorism or terrorist financing under
E.O. 13224.
-- On October 26, the U.S. enacted the USA PATRIOT Act, which
significantly expanded the ability of U.S. law enforcement to
investigate and prosecute persons who engage in terrorist acts.
-- On October 29, the U.S. created a Foreign Terrorist Tracking Task
Force aimed at denying entry into the U.S. of persons suspected of
being terrorists and locating, detaining, prosecuting and deporting
terrorists already in the U.S.
-- On November 2, the U.S. designated 22 terrorist organizations
located throughout the world under E.O. 13224, thus, highlighting the
need to focus on terrorist organizations worldwide.
-- On November 7, the U.S. added 62 new organizations and individuals,
all of whom were either linked to the Al Barakaat conglomerate or the
Al Taqwa Bank, which have been identified as supplying funds to
terrorists.
-- On December 4, the U.S. froze under E.O. 13224 the assets and
accounts of the Holy Land Foundation in Richardson, Texas, whose funds
are used to support the Hamas terrorist organization, and two other
entities, bringing the total to 153.
-- On December 5, the Secretary of State designated 39 groups as
"terrorist organizations" under the Immigration and Nationality Act,
as amended by the new USA PATRIOT Act, in order to strengthen the
United States' ability to exclude supporters of terrorism or to deport
them if they are found within our borders. We call the list of such
designated organizations the "Terrorist Exclusion List."
-- The U.S. has signed and expects to ratify in the near future the UN
Convention for the Suppression of the Financing of Terrorism and the
UN Convention for the Suppression of Terrorist Bombings.
-- The U.S. has met with numerous multilateral groups and regional
organizations to accelerate the exchange of operational information as
mentioned in UNSCR 1373.
-- The U.S. has stepped up bilateral information exchanges through law
enforcement and intelligence channels to prevent terrorist acts and to
investigate and prosecute the perpetrators of terrorist acts.
-- Our Federal Bureau of Investigation has created an interagency
Financial Investigation Group to examine the financial arrangements
used to support the terrorist attacks. The FBI headquarters houses
this group, which includes analysts and investigators from numerous
federal agencies and federal prosecutors with background in
investigating and prosecuting financial crimes.
-- The U.S. brought to conclusion the prosecution of four al-Qaeda
members for the bombing of U.S. embassies in Dar es Salaam and
Nairobi.
-- We have designed a new tamper-resistant U.S. visa, and we have
upgraded passports to prevent photo substitution.
-- We have intensified border discussions with Canada and Mexico to
improve border security.
UNSCR 1373 Operative Paragraph/1
1(a): What measures if any have been taken to prevent and suppress the
financing of terrorists acts in addition to those listed in your
responses to questions on 1(b) to (d)?
The assault on the financial underpinnings of terrorism is central to
U.S. efforts to fight terrorists and their supporters with every
available weapon. Through the September 23 Executive Order freezing
U.S. assets of designated individuals and organizations that commit
terrorist acts or fund terrorism, and other measures, the U.S. is
taking concrete actions internally to combat the financing of
terrorist entities. The U.S. also works closely with governments
around the world in identifying and freezing terrorists' assets. The
U.S. has contacted almost every other UN Member State to encourage
them to identify and freeze terrorist assets through implementation of
the UN Security Council Resolutions and other means. A list of U.S.
actions is set forth below.
Freezing of Terrorist Assets
-- President George W. Bush signed Executive Order (E.O.) 132241 on
September 23 pursuant to his authority under the International
Emergency Economic Powers Act (IEEPA). This order blocks all property
and interests in property of foreign persons and entities designated
by the President in the Order, or designated by the Secretary of State
as committing, or posing a significant risk of committing, acts of
terrorism threatening the security of U.S. nationals or U.S. national
security, foreign policy, or economy, if that property is either
within the U.S. or within the possession or control of U.S. persons.
-- The Order also blocks the property and interests in property of
persons determined by the Secretary of the Treasury to provide support
or services to, or to be associated with, any individuals or entities
designated under the Order. The Secretary of the Treasury may also
block property and interests in property of persons determined to be
owned or controlled by, or to act for or on behalf of, persons
designated in or under the E.O. Any transaction or dealing by U.S.
persons or within the U.S. in property and interests in property
blocked pursuant to the Order is prohibited.
-- The Order directs the U.S. Government to cooperate and coordinate
with foreign governments to suppress and prevent terrorism, to deny
financial services and financing to terrorists, and to share
intelligence about terrorist financing.
-- Under Section 219 of the Immigration and Nationality Act/2 (as
amended by the Antiterrorism and Effective Death Penalty Act of 1996),
the Secretary of State may, in consultation with the Attorney General
and the Secretary of the Treasury, designate an organization as a
Foreign Terrorist Organization ("FTO") period if the organization is a
"foreign organization" that "engages in terrorist activity" that
"threatens the security of U.S. nationals or the security of the
United States". The Department of the Treasury may require U.S.
financial institutions possessing or controlling assets of designated
FTOs to block all financial transactions involving these assets.
Further, it is a federal crime to provide material support to
designated FTOs, and certain members of these FTOs are not allowed to
enter or remain in the U.S.
-- Under Executive Order 12947 of January 23, 1995, as amended by E.O.
13099 of August 20, 1998, the President designated sixteen
organizations, and authorized the Secretary of State to designate
additional foreign individuals or entities who have committed, or pose
a significant risk of committing, acts of violence with the purpose or
effect of disrupting the Middle East peace process, or who have
provided support for or services in support of such acts of violence.
Designations of terrorism-related organizations and individuals
pursuant to the Order, as amended, have continuing validity as actions
taken in the U.S. consistent with the objectives of UNSCR 1373.
The Order further authorized the Secretary of the Treasury to block
the property of persons determined to be owned or controlled by, or
acting for or on behalf of, persons designated in or under the Order.
All property and interests in property of persons designated under the
Order in the U.S. or in the control of U.S. persons are blocked. Any
transaction or dealing in such blocked property is prohibited.
Designated Terrorists and Their Supporters
-- E.O. 13224 includes an annex listing 27 organizations and
individuals whose assets are blocked by the E.O. because of their ties
to terrorism. An additional 39 individuals and organizations were
added on October 12. On November 2, we added to the list 22 terrorist
organizations already designated as FTOs, but not previously
designated under the Order; 62 more individuals and entities were
added on November 7, and three additional entities were listed on
December 4, bringing the total to 153. The list will be updated
periodically. In addition, a total of 28 terrorist organizations have
been designated as FTOs, and 16 individuals and entities have been
designated under E.O. 12947.
Improved Coordination at Home
-- The U.S. is improving coordination and information sharing
internally. The Foreign Terrorist Asset Tracking Center (FTAT), in the
Office of Foreign Assets Control at the Department of Treasury,
identifies the financial infrastructure of terrorist organizations
worldwide to curtail their ability to move money through the
international banking system.
-- The Federal Bureau of Investigation (FBI) has broadened its
investigative efforts on the financial front, in terrorists' use of
money laundering, electronic transactions, cyberbanking, and
trafficking in valuable gems.
Improving Domestic Tools to Stop Financing Terrorism
-- On October 26, President Bush signed into law the USA PATRIOT
Act,/3 providing for broad new investigative and information sharing
between law enforcement and intelligence agencies with respect to
terrorist financing. It expands the scope of U.S. regulations against
money laundering by requiring securities brokers and dealers to file
suspicious activity reports and it gives new power to act against
money laundering havens. The PATRIOT Act also expands the President's
powers to confiscate property under the International Emergency
Economic Powers Act (IEEPA) when the U.S. is engaged in armed
hostilities or has been attacked.
International Cooperation, Outreach and Coordination
-- The U.S. is working to improve international sanctions and
anti-money laundering coordination, notably through a multilateral
sanctions administrators coordinating group, which meets regularly
with the Treasury Department's Office of Financial Assets Control on
U.S. and European Union sanctions.
-- The U.S. has strong outreach programs to other nations to join this
effort. Senior officials have urged strong action in support of the
global effort against terrorist financing, including removal of legal
or other barriers that might hinder cooperative efforts.
-- The U.S. will seek to respond to requests for technical assistance
to block terrorist assets, cut off terrorist fund flows, and regulate
fund-raising activities of terrorists.
-- The U.S. has signed and expects to ratify in the near future the UN
Convention for the Suppression of the Financing of Terrorism. Also,
the U.S. is a signatory to the UN Convention against Transnational
Organized Crime.
Important International Initiatives in which the U.S. Plays a Role
-- The U.S. and European Union have developed unprecedented
cooperation on counterterrorism since September 11, including close
cooperation on the freezing of the assets of terrorists and their
supporters, as well as increased assistance in investigations and the
sharing of information among law enforcement authorities, increased
coordination of measures to strengthen aviation security, further
exchanges of ideas on tightening border controls, and increased
contact between key judicial and police organizations. Also, a
U.S.-EUROPOL Agreement was signed in early December, facilitating the
exchange of analytical data.
-- The Secretary of State joined with the Foreign Ministers of the
other members of the Organization of the American States to approve a
Resolution on September 21 condemning the terrorist acts of September
11 and expressing the need for hemispheric solidarity and effective
measures against terrorism. On October 15, the Inter-American
Committee Against Terrorism (CICTE) formed a sub-committee to increase
cooperation in tracking the financial assets of terrorists and their
supporters. These recommendations will be approved at the CICTE
Regular Session in January.
-- In addition, the Foreign Ministers of States Parties to the
Inter-American Treaty of Reciprocal Assistance ("Rio Treaty") adopted
a Resolution on September 21 restating their commitment of reciprocal
assistance and affirming measures being taken by the U.S. and other
states in reaction to the terrorist attacks of September 11 were in
the exercise of their inherent right of individual and collective
self-defense.
-- In Shanghai last October, leaders of the Asia Pacific Economic
Cooperation (APEC) forum responded to President Bush's call for a
coalition to defeat terrorism with a strong statement condemning the
terrorist attacks in the U.S. They also committed APEC members to
implement relevant UN conventions and resolutions and to specific
steps to stop the flow of funds to terrorists and their supporters,
and to steps to ensure aviation and maritime security, strengthen
energy security, and enhance border security and customs enforcement.
Among the other important initiatives that we participate in are:
-- The G-7 finance ministers issued a comprehensive action plan on
terrorist financing on October 6, calling for a special Financial
Action Task Force (FATF) plenary on October 29-30, and an Egmont Group
meeting on October 31. G-7 countries have called for increased
international coordination and efforts to combat terrorist financing.
-- At its plenary on October 29-30, FATF adopted eight special
recommendations focused on combating terrorist financing, and then
adopted an action plan to implement them. The overall FATF effort will
be reviewed when FATF next meets in Hong Kong in January 2002.
-- At its October 31 meeting, the 58 member nations of the Egmont
Group of financial intelligence units agreed to expand information
sharing on terrorist financing.
-- The Finance Ministers and Central Bank Governors of the G-20
adopted on November 17 a comprehensive action plan of multilateral
cooperation to deny terrorists and their associates access to, or use
of, their financial systems, and to stop any abuse of informal banking
networks. The plan also calls on G-20 countries to make public the
lists of terrorists whose assets are subject to freezing, and the
amount of assets frozen. The Manila Framework Group formally endorsed
the G-20 Action Plan during its December 2001 meetings.
-- The International Monetary Fund (IMF) has expanded its activities
to include efforts aimed at countering terrorist financing. In its
November 17 Communiqué, the International Monetary and Financial
Committee of the Board of Governors (the IMFC) called on each IMF
member to freeze all terrorist assets within its jurisdiction and to
implement fully UNSCR 1373. Members should publish monthly reports by
February 1, 2002, listing terrorist assets subject to freezing and the
amount of assets frozen. Also, the IMF will expand efforts to help
countries review and optimize their financial, legal, and
institutional frameworks, to help ensure that all avenues are closed
to terrorism.
-- Within the G-8, the Counter-terrorism Experts Group and the Lyon
Group held a second special joint session on November 18-20, adding
concrete actions, timelines, and responsibilities to the 25-point G-8
Counter-terrorism Action Plan developed earlier by the two groups. The
Plan would advance the fight against terrorism in the areas of
aviation security, judicial cooperation, and law enforcement. The
Groups meet again in February.
-- In the area of international aviation security, we participate in
the Aviation Security (AVSEC) panel of the International Civil
Aviation Organization (ICAO) to enhance worldwide aviation security
standards and will participate in the ICAO Ministerial Conference next
February to establish an ICAO audit plan for compliance with Annex 17
to the Chicago Convention (on safeguarding civil aviation against acts
of unlawful interference), to upgrade certain recommended security
practices, and, to seek a greater level of participation in voluntary
contributions to the AVSEC fund.
1(b): What are the offences and penalties in your country with respect
to the activities listed in this sub-paragraph?
There are several sources of legal authority for the U.S. government
to rely upon in imposing civil and criminal penalties for the
provision and collection of funds to provide support to terrorists.
These include both laws prohibiting material or other support to
terrorists and their supporters, and money laundering laws addressing
a variety of criminal activity, including the unlawful movement of
money without proper reports.
Providing Support to Terrorism
-- Providing "material support" to terrorists or terrorist
organizations has been prohibited as a crime since the enactment of
the Antiterrorism and Effective Death Penalty Act of 1996. As a result
of the October 26, 2001, enactment of the antiterrorism bill known as
the "USA PATRIOT Act", there is now specific authority to forfeit
terrorist assets as well, thus providing a direct means to deprive
terrorists of their funds.
-- U.S. law makes it a crime to provide material support or resources
within the U.S. to a person intending that the support or resources
will be used, or is in preparation for, the commission of a wide
variety of specified terrorism-related crimes./4 "Material support or
resources" is very broadly defined and means "currency or other
financial securities, financial services, lodging, training, expert
advice or assistance, safe houses, false documentation or
identification, explosives, personnel, transportation, and other
physical assets, except medicine or religious materials."/5
-- Property provided as "material support" to a terrorist in violation
of 18 U.S.C. § 2339A is subject to forfeiture if it is involved in a
transaction or attempted transaction in violation of 18 U.S.C. §
1956-57, or if it is the proceeds of a section 2339A offense./6
-- In addition, U.S. law/7 prohibits the provision of "material
support" to a Foreign Terrorist Organization./8 A Foreign Terrorist
Organization (FTO) may be designated pursuant to section 219 of the
Immigration and Nationality Act./9 Al Qaida has been designated as an
FTO. When a financial institution becomes aware that it has possession
of, or control over, any funds in which a Foreign Terrorist
Organization, or its agent, has an interest, it shall retain
possession or control over the funds, and report the existence of such
funds to the Secretary of the Treasury. Failure to do so may result in
civil penalties.
-- Finally, providing prohibited "material support" is punishable
criminally by 15 years imprisonment and/or a fine of up to $250,000
for individuals and $500,000 for organizations.
Money Laundering and Currency Reporting
-- Property brought into or taken out of the United States with the
intent to promote one of the terrorist acts or other crimes
constituting a Specified Unlawful Activity is subject to civil
forfeiture./10 For example, if U.S. Customs agents learned during an
investigation that funds raised in the U.S. were sent, or were
attempted to be sent, abroad to fund a terrorist action, or funds came
into the United States for such a purpose, the funds would be
forfeitable.
-- Currency and other monetary instruments, including a deposit in a
financial institution traceable to those instruments, may be
forfeited/11 when a required Currency Monetary Instrument Report has
not been filed properly. Pursuant to the USA PATRIOT Act, there is now
specific authority to forfeit currency and other monetary instruments
if someone "knowingly conceals" those instruments to evade a reporting
requirement./12 The U.S. plans to pursue that authority fully.
-- Any person who violates any license, order, or regulation issued
pursuant to the International Emergency Economic Powers Act (IEEPA),
i.e., the authority under which the President issued Executive Orders
13224 and 12947, may be subject to civil fines, and those who
willfully violate, or willfully attempt to violate, any license, order
or regulation issued pursuant to IEEPA may be subject to criminal
penalties including fines or imprisonment.
1(c): What legislation and procedures exist for freezing accounts and
assets at banks and financial institutions?
President George W. Bush signed Executive Order (E.O.) 13224 on
September 23 pursuant to his authority under the International
Emergency Economic Powers Act (IEEPA). This Order allows for the
blocking of property and interests in property of all persons
designated pursuant to the Order. Such designations include
terrorists, as well as those who provide support or services to, or
associate with, persons with terrorism-related links. (See the
response to Paragraph 1.a in this report for further detail on E.O.
13224 and other, related measures.)
E.O. 13224 also charged the Secretary of the Treasury, in consultation
with the Secretary of State and the Attorney General, with
responsibility for its implementation, including the promulgation of
regulations related to the sanctions.
Therefore, designated terrorist property and interests in property,
including funds and financial assets or economic resources, within the
U.S. or in the possession or control of a U.S. person, are blocked.
Any transaction or dealing in the U.S. or by U.S. persons in such
blocked property and interests in property are prohibited.
Transactions intended to evade the prohibitions imposed in the
Executive Order also are prohibited.
-- Between September 11 and December 6, 2001, the U.S. blocked a total
of 79 financial accounts within the U.S., pursuant to E.O. 13224. The
accounts totaled $33.7 million.
-- Included in those actions was the November 7 blocking by the
Department of the Treasury of the property and interests in property
of several financial institutions and accounts -- primarily those of
the "Al Barakaat" organization.
-- Executive Order 13224 complements and builds upon other legal
measures that impose sanctions on terrorists and their supporters. In
particular, several terrorists designated under E.O. 13224, and
subject to its sanctions, were previously designated in or pursuant to
E.O. 12947, as amended./13 (See the response to Paragraph 1.a in this
report for further detail.)
-- Blocked property, including blocked funds, that a U.S. person
imports, exports, or attempts to import or export may be seized and
forfeited by the U.S. Customs Service, as may any merchandise imported
contrary to the sanctions/14. Any conveyance or thing (e.g., a
container) facilitating such importation may be seized and forfeited,
and any person concerned in the unlawful activity is subject to a
penalty equal to the value of the imported goods./15 U.S. Customs also
may seize and forfeit arms, munitions, or "other articles" exported,
or attempted to be exported, in violation of law.
1(d): What measures exist to prohibit the activities listed in this
sub-paragraph?
-- President George W. Bush signed Executive Order (E.O.) 13224 on
September 23 pursuant to his authority under the International
Emergency Economic Powers Act (IEEPA). This Order allows for the
blocking of property and interests in property of all persons
designated pursuant to the Order. Such designations include
terrorists, as well as those who provide support or services to, or
associate with, persons with terrorism-related links. (See the
response to Paragraph 1.a in this report for further detail on E.O.
13224 and other, related measures.)
-- The U.S. Customs Service has formed a financial anti-terrorism task
force, known as Operation GREEN QUEST, to identify, disrupt, and
dismantle the financial infrastructure of terrorist organizations. In
November 2001, Operation GREEN QUEST -- composed of investigators and
analysts from U.S. Customs, the Internal Revenue Service (IRS), the
Federal Bureau of Investigation (FBI), and the Treasury Department's
Office of Financial Assets Control (OFAC) -- coordinated five search
warrants. Concurrently, several businesses had their activities and
their bank accounts ($1.3 million USD) blocked, i.e., frozen.
Intelligence and investigation had indicated the businesses and
accounts were paying fees to terrorist organizations. The funds were
frozen based on Executive Order 13324 and routine judicial procedures
were used to further the criminal prosecution of the individuals and
businesses involved
UNSCR 1373 Operative Paragraph 2
2(a): What legislation or other measures are in place to give effect
to this sub-paragraph? In particular, what offences in your country
prohibit (i) recruitment to terrorist groups and (ii) the supply of
weapons to terrorists? What other measures help prevent such
activities?
Recruitment
Conspiracy and other laws make it illegal to solicit a person to
commit a terrorist act or other crime./16 Recruiting for membership in
a terrorist organization is grounds for denying a visa./17 A foreign
national who enters the United States and is later found in violation
of these prohibitions is subject to deportation.
Weapons
-- U.S. law contains criminal prohibitions on the acquisition,
transfer and exportation of certain firearms./18 Numerous state and
local laws also apply.
-- The U.S. Government also requires licenses for the export of
defense articles (which includes technical data) and defense services
pursuant to the Arms Export Control Act (AECA),/19 which counters the
illicit transfer of U.S.-origin defense items to any unauthorized
person. Violations of the AECA or its implementing regulations can
result in civil and criminal penalties.
-- It is a crime under U.S. law to provide material support such as
funding and weapons for a terrorist act or to an organization
designated by the Secretary of State as a foreign terrorist
organization./20 It is also grounds for denying a visa or removing an
individual from the U.S./21
-- The U.S. government also applies controls to exports and re-exports
of sensitive U.S.-origin dual-use items and nuclear-related items
pursuant to the statutory authorities of the Department of Commerce
and the Nuclear Regulatory Commission. The Department of the Treasury
administers and enforces economic sanctions against designated
terrorists and those determined to be linked to such terrorists. These
sanctions prohibit any transactions or dealings in property or
interests in property of terrorism-related entities or individuals,
including the exportation or re-exportation of any goods or technology
either from the U.S. or by U.S. persons. Violations of these laws or
their implementing regulations can result in civil or criminal
penalties.
Other Measures
-- The U.S. uses a full range of counterterrorism and
counterintelligence techniques in preventing terrorist acts, including
the use of human and technical sources; aggressive undercover
operations; analysis of telephone and financial records; mail; and
physical surveillance.
-- The intelligence community also tracks terrorist organizations
overseas, including attempts to recruit members, and the movement of
weapons intended for terrorists and proposed sales to terrorist
countries.
-- The Customs Service (USCS) exchanges information with companies
involved in the manufacture, sale, or export of: munitions or arms,
explosive or sensitive materials, restricted communication
technologies or equipment, or components of weapons of mass
destruction. The USCS meets with industry experts to obtain their
assistance in controlling the export of U.S.-origin high technology
and munitions items. This partnership between government and industry
enhances national security and fosters effective export controls.
2(b): What other steps are being taken to prevent the commission of
terrorist acts, and in particular, what early warning mechanisms exist
to allow exchange of information with other states?
U.S. law enforcement and intelligence agencies have many active and
aggressive information sharing programs to prevent terrorist acts.
Congress has mandated expansion of international information sharing
on immigration and law enforcement matters in support of worldwide
anti-terrorism efforts. Many nations cooperate actively with the U.S.
in fighting terrorism.
-- Prior to September 11, the U.S. regularly exchanged information on
terrorists and specific indications of threats in other states with
their intelligence agencies. Since September 11, we have provided
expanding streams of information regarding the responsibility for
those terrorist attacks, and information about specific terrorist
identities and activities through liaison channels. A principal
objective is to share vital anti-terrorist information in as timely
and effective a manner as possible.
-- With some allied governments we share data through bilateral
arrangements on known and suspected terrorists to prevent the issuance
of visas and to strengthen border security. Expansion of this program
is anticipated. We use this program to preclude visa issuance to
terrorists, to warn embassies overseas about certain applicants, to
alert intelligence and law enforcement agencies, and to enable
immigration and Customs officials at ports of entry to detect
terrorists who may have obtained visas.
-- The Immigration and Naturalization Service (INS) has law
enforcement officers stationed abroad who conduct liaison with host
government immigration, police and security services. INS also
maintains a fulltime presence at INTERPOL, working actively with other
federal agents in providing information to police agencies worldwide.
INS also has bilateral information-sharing arrangements with certain
of its counterpart immigration services.
-- The Legal Attaché program of the Federal Bureau of Investigation
(FBI) enables it to share information on a broad and timely basis.
Direct lines of communication have been established between the U.S.
and many countries to coordinate investigative resources worldwide.
-- The private sector is included in the dissemination of information
of possible terrorist threats, particularly in international financial
and technology transfer matters related to terrorist activity.
-- The FBI has established a Counterterrorism Division to further
enhance the FBI's analysis, information-sharing, and investigative
capabilities. The FBI is publicizing wanted terrorists through various
programs including the Top Twenty Terrorist Program.
-- The FBI has created an interagency Financial Investigation Group to
examine the financial arrangements used to support the terrorist
attacks. The FBI headquarters houses this group, which includes
analysts and investigators from numerous federal agencies and federal
prosecutors with background in investigating and prosecuting financial
crimes.
2(c): What legislation or procedures exist for denying safe haven to
terrorists, such as laws for excluding or expelling the types of
individuals referred to in this sub-paragraph?
Our legislation contains provisions prohibiting admission of foreign
nationals who have engaged in terrorist activity. It provides for
removal of such persons if they are in the U.S. Also, foreign
nationals who are closely associated with or who support terrorist
activity can also be denied admission or removed in certain
circumstances (e.g. foreign nationals who act as representatives of
foreign terrorist organizations or of certain groups that publicly
endorse acts of terrorism).
-- For immigration purposes, the "terrorist activity" definition
includes any unlawful act involving: hijacking; sabotage; detention
under threat for the purpose of coercion (of a government or an
individual); violent attack on an internationally protected person;
assassination; the use of biological, chemical, or nuclear weapons; or
the use of explosives, firearms, or any other weapon or dangerous
device with the intent to cause harm to individuals or damage to
property. The attempt or conspiracy to commit these acts is also
included as "terrorist activity."
-- The law defines "engage in terrorist activity" broadly to include
committing, inciting, preparing or planning a terrorist activity;
gathering target information; soliciting funds or resources for
terrorist activity or a terrorist organization; soliciting an
individual to engage in terrorist activity or to join a terrorist
organization; and affording material support (e.g. a safe house,
transportation, communications, funds, funds transfer), false
documentation or identification, weapons, or training for the
commission of terrorist activity to a person who has committed
terrorist activity, or to a terrorist organization.
-- The Department of State and the Immigration and Naturalization
Service work together with other agencies to maintain a robust
database of terrorists and terrorism supporters, to prevent them from
receiving visas or gaining access to the U.S.
-- There are additional terrorism-related grounds for denying
admission to the U.S. Terrorists are ineligible, for example, for
temporary protected status, and asylum and refugee status (see the
response in this report to paragraph 3(f) below). There are also
provisions in the U.S. Criminal Code, and the Immigration and
Nationality Act, to prosecute those who harbor or smuggle alien
terrorists, or who provide them with material support (including
immigration or other identity documents). In addition, foreign
nationals who provide material assistance to, or solicit it for,
certain designated terrorist organizations are inadmissible to the
United States or may be deported if previously admitted. Thirty-nine
Terrorist Exclusion List organizations were designated on December 5,
2001 for this purpose.
-- As an example of relevant actions, U.S. immigration authorities
have excluded from the U.S. foreign nationals based upon classified
information relating to terrorist activity. Some of the cases involved
attempted entry with fraudulent passports; others involved immigrants
without a valid immigrant visa.
2(d): What legislation or procedures exist to prevent terrorists
acting from your territory against other states or citizens?
Numerous laws address the threat of terrorists acting from U.S.
territory against citizens or interests of other states. Terrorist
financing and money laundering laws (see section on paragraph 1 above)
are very useful in countering such situations as providing material
support or resources. The provision, in the U.S., of material support
to a foreign terrorist organization is a serious crime under U.S. law
and allows us to take actions which also benefit the anti-terrorist
efforts of our overseas partners in the fight against terrorism.
Recently, the U.S. has damaged the overseas operations of Mujahadin
E-Khalq, the Provisional Irish Republican Army, Hizballah and other
foreign terrorist organizations by criminally charging people in the
U.S. with providing or attempting to provide material support or
resources to those organizations. On December 4, 2001 we shut down a
Texas-based fundraising operation whose activities benefited the
terrorist activities of Hamas in the Middle East.
-- It is a crime to provide, attempt, or conspire to provide within
the U.S. material support or resources, or to conceal or disguise the
nature, location, source or ownership of resources, knowing or
intending that they are to be used in the commission or preparation of
a wide variety of specified terrorist related crimes./22 Material
support or resources is very broadly defined and includes, for
example, monetary instruments, financial services, lodging, training,
documentation, communications, weapons, personnel, transportation, and
other physical assets (except medicine or religious materials).
-- It is a crime to knowingly provide or attempt or conspire to
provide material support or resources to a designated foreign
terrorist organization. Again, material support or resources is very
broadly defined./23 U.S. jurisdiction is extraterritorial and the
statute specifically contemplates the movement of material support or
resources from the U.S. to a foreign terrorist organization outside
the U.S.
-- Providing or collecting funds for the use of terrorists or
terrorist organizations is also a violation of the law./24
Transactions need not be entirely domestic, but rather can be, and in
some cases must be, international to meet the elements of the
violation./25 (See the response to paragraph 1 in this report for
details.)
-- In addition to the substantial terms of incarceration and the
criminal and civil fines imposed for the above violations, the code
also authorizes the U.S. to seize and forfeit funds and other assets
involved in violations of - 1956, 1957, 2339A, and 2339B and funds or
assets in which terrorists or terrorist organizations have an
interest./26 The code also includes numerous crimes that may be
charged against individuals who act from the U.S. against the citizens
of another country or against the interests or facilities of another
country, regardless of whether those citizens, facilities or interests
are located within the U.S. or within that other country./27
-- Also, the 50 states each have criminal codes that may enable them
to punish people who conspire within their borders to commit serious,
terrorist-related crimes beyond the borders of the U.S.
2(e): What steps have been taken to establish terrorist acts as
serious criminal offences and to ensure that the punishment reflects
the seriousness of such terrorist acts?
Terrorist acts are among the most serious offenses under U.S. law.
Violent, terrorist-related crimes generally carry substantially higher
criminal penalties and can lead to imposition of the death penalty, or
life imprisonment./28
-- Earlier this year, after convicting four members of al-Qaida for
the bombing of the U.S. embassies in Nairobi and Dar es Salaam, a
federal jury in New York City recommended life imprisonment for all
four.
-- Depending on the defendant's acts, his criminal history, and his
willingness to cooperate with authorities, there is a range of
sentences from which the sentencing judge may select. In recent years,
we have not imposed the death penalty in a federal international
terrorism prosecution.
-- Terrorist financing statutes carry substantial criminal fines and
considerable periods of incarceration./29 There is only one such case
in which a sentence has been imposed. In that case, a U.S.-based
individual was assisting immigrants (including at least one affiliated
with a foreign terrorist organization) to fraudulently obtain enhanced
immigration status. The defendant pled guilty and agreed to cooperate
with federal authorities. This defendant received a sentence of two
years of incarceration without any possibility of parole and three
years of supervision.
-- The money laundering statutes also carry considerable penalties./30
U.S. Sentencing Guidelines provide for substantial enhancement of the
prescribed period of incarceration in instances where terrorist
activity is involved.
2 (f): What procedures and mechanisms are in place to assist other
states?
The U.S. provides assistance for criminal investigations or
proceedings relating to terrorist acts through bilateral programs and
as an active participant in multilateral programs.
-- The U.S. provides training and technical assistance on money
laundering and financial investigations to law enforcement,
regulatory, and prosecutorial counterparts. The programs benefit
anti-terrorist efforts by assisting other nations' anti-money
laundering programs; assisting in creating financial intelligence
units; and training financial investigators, bank regulators, and
prosecutors to recognize and investigate suspicious transactions.
-- The U.S. maintains mutual legal assistance treaties and agreements
with over 45 countries, with more in negotiation or signed and
awaiting Senate approval. They provide assistance in the
investigation, prosecution, and suppression of criminal offenses,
including those related to terrorism. For example, such treaties
typically obligate the U.S. to provide foreign investigators and
prosecutors with financial records, witness statements and testimony,
and assistance in freezing and forfeiting criminally derived assets.
Even in the absence of a treaty relationship, the U.S. may, under
appropriate circumstances, provide a host of evidential assistance to
foreign countries pursuant to our domestic law. The U.S. acts on
hundreds of foreign requests for assistance in criminal matters every
year.
-- We assist in training other countries' counter terrorism task
forces. Training includes major case management, terrorist crime scene
management, advanced kidnapping investigations, and financial
underpinnings of terrorism. Also, we make personnel available for
assistance on a case-by-case basis. Pertinent information is shared on
a regular basis with law enforcement entities around the world.
-- The U.S. also maintains overseas International Law Enforcement
Academies. Their courses include segments on financial crime and money
laundering.
2(g): How do border controls in your country prevent the movement of
terrorists? How do your procedures for issuance of identity papers and
travel documents support this? What measures exist to prevent their
forgery etc?
-- With few exceptions, all non-U.S. citizens entering the U.S. must
have a valid visa or be exempted by holding a passport from one of 29
countries approved for visa waiver. Every visa applicant is subject to
a name check through a database containing nearly six million records.
At entry, everyone is subject to inspection. Inspectors are well
trained to determine counterfeit and altered documents, and to detect
evasive or untruthful responses. Every entering visitor is subject to
checks in databases.
-- A new, tamper-resistant visa will shortly replace the current visa.
We are also working to improve the exchange of data among our agencies
to ensure that anyone with a history of involvement with terrorism is
quickly identified.
-- Because of long common borders, movements to the U.S. from Canada
and Mexico are difficult to control. Although cooperation with those
governments is good, we are engaged in renewed discussions with both
governments to improve border controls.
-- American citizens must have a U.S. passport to enter the U.S.
unless they have been traveling in North, Central or South America, in
which case they may use other documents to verify their citizenship
and identity. As we have no national identity card, the INS may rely
on several other documents to establish identity and citizenship.
-- Applicants for U.S. passports are required to prove their
citizenship and identity. Those who fail to meet strict evidentiary
requirements are not issued a passport. In addition, a vigorous fraud
prevention program trains staff to identify attempts to use valid or
falsified documents to obtain a passport in another identity. We can
track how many passports one individual has received, and a system is
being deployed to better track lost and stolen passports. The U.S.
passport itself has recently been upgraded to prevent photographic
substitution, the major form of alteration, and to make counterfeiting
of the document very difficult. Visas are not issued to known
terrorists.
-- The Immigration and Naturalization Service also maintains a very
proficient Forensic Document Laboratory (FDL), which helps other
immigration services to identify fraudulent documents and trends. It
routinely prepares "Document Alerts" on new, revised, counterfeit, and
altered U.S. and foreign documents. Such alerts have been the basis
for both criminal and administrative actions taken against individuals
presenting counterfeit or altered documents. The FDL also works very
actively to ensure that security marks and checks are embedded in
travel and immigration documents, to minimize counterfeiting or
alteration.
-- The U.S. Border Patrol detects and prevents the smuggling and
illegal entry of foreign nationals, primarily between the Ports of
Entry. Agents perform their duties along, and in the vicinity of, the
8,000 land and 2,000 coastal miles of U.S. boundaries. In all its
enforcement activities, the Border Patrol coordinates with
counter-terrorism efforts.
-- In aviation security, the Federal Aviation Administration has
issued a series of security advisories to U.S. and foreign air
carriers to enhance passenger and baggage screening requirements, to
establish stricter controls on general aviation and tighten the rules
on belly cargo in passenger planes. These measures, along with
hardening cockpit doors, have upgraded the security of flights to,
from and within the U.S.
-- Threat assessments by U.S. agencies are continuous and the FAA
passes information about terrorists or suspected mala fide passengers
on a real time basis to airlines. Passengers are subject to multiple
checks of their identity and bona fides from the time they apply for a
visa to the point that they enter the U.S. If derogatory information
is developed after the visa is issued, there are points at which the
suspect can be apprehended and turned over to law enforcement
services. In addition, the U.S. requires the advance transmission of
passenger (and crew) manifests from all U.S.-bound flights. To help
ensure that cockpit crews operating to the U.S. are not compromised by
terrorist elements, the FAA has instituted additional requirements for
background checks on pilots, co-pilots, and flight engineers.
-- U.S. aviation security experts participate fully in the work of the
International Civil Aviation Organization (ICAO) to strengthen the
security annex (#17) to the Chicago Convention. Many recommended
practices in the current annex are expected to be elevated to
mandatory standards.
-- The U.S. is an active participant in the ICAO Working Group on
Machine-Readable Travel Documents, which has been working for more
than a decade to establish international standards for passports,
other travel documents, visas, and identity cards. Current U.S. travel
documents and visas conform to the standards developed by this group
and adopted by ICAO. Many countries have also improved their documents
so they are more reliable.
UNSCR 1373 Operative Paragraph 3
3(a): What steps have been taken to intensify and accelerate the
exchange of operational information in the areas indicated in this
sub-paragraph?
The U.S. is making extensive efforts to accelerate the exchange of
operational information in these areas with other states. Through a
series of bilateral meetings and multinational conferences since
September 11, senior officials have discussed the need for faster
sharing of information.
-- Multilaterally we have particularly worked with the Financial
Action Task Force, the Egmont and Lyon Groups, the Group of 7 and
Group of 20, the IMF and other international financial institutions
and the Group of Eight (G-8) counter terrorism dialogue (including the
Counterterrorism Experts Group).
-- We have also worked with regional organizations such as the
Organization of American States, the Organization of African Unity,
the Association of South East Asian Nations, the European Union, the
Council of Europe the Asia Pacific Economic Cooperation forum, the
Manila Framework Group and the Organization for Security and
Cooperation in Europe.
Exchanging Operational Information
-- Since September 11, contacts between U.S law enforcement officials
and prosecutors and foreign officials have intensified. Legal Attaches
overseas and foreign police authorities regularly share criminal
intelligence. Operational information is also exchanged between U.S.
and foreign prosecutors. Such exchanges are facilitated through
designated "central authorities" under each of the U.S. Mutual Legal
Assistance Treaties (MLATs). U.S. authorities and international
organizations, such as INTERPOL, share operational information on the
detection of fraudulent documents and alerts on terrorist suspects.
Exchanging Information on Arms, Explosives and Weapons of Mass
Destruction
-- The U.S. works with other nations to exchange operational
information on terrorists, arms trafficking, explosives or sensitive
materials, and weapons of mass destruction threats.
-- We participate in multilateral export control regimes and encourage
information sharing on weapons and associated technology that may be
diverted to terrorists.
-- Wassenaar Arrangement members recently agreed that preventing
terrorist access to conventional weapons and associated dual-use items
is an important new focus. We continue to take the lead in stressing
the value of data exchanges on small arms/light weapons between OSCE
and Wassenaar Arrangement countries.
-- The U.S. National Tracing Center assists other nations to trace
U.S.-origin weapons used in terrorist or criminal activities. Our
assistance program for weapons stockpile management and security and
destruction of surplus weapons is further sharing of information,
focusing on countries with a high risk of illicit arms transfers, to
keep these weapons from terrorists.
-- The U.S. also exchanges information through bilateral, regional and
multilateral initiatives to eliminate opportunities for terrorists to
acquire weapons of mass destruction (WMD). Over 30 countries have
cooperated with us to make counterterrorism an important new focus of
the Australia Group (chemical/ biological nonproliferation regime).
-- The work of other regimes -- the Missile Technology Control Regime,
the Nuclear Suppliers Group, and the Zangger Committee -- also is
relevant to keeping sensitive technologies out of terrorists' hands.
-- The U.S. works with the International Atomic Energy Agency and
other organizations to increase the exchange of information aimed at
strengthening controls over WMD-related materials and technologies.
This has included export control dialogues, such as the Central Asian
State Export Control and Border Security Program.
-- The G-8 Nonproliferation Experts Group (NPEG) develops action plans
to strengthen international instruments to prevent WMD proliferation,
protect sensitive materials and facilities, encourage wider adherence
to the principles of international export control arrangements,
reinforce and better coordinate assistance programs, and enhance
information exchange on illicit trafficking of sensitive materials,
technology and expertise.
-- The U.S. is also a key participant in the G-7 Nuclear Safety
Working Group (NSWG), which works to strengthen controls on
radiological sources.
Technology Transfer and Skills Training
-- The U.S. uses other programs to enhance exchanges of information
among law enforcement agencies. These include the Terrorist
Interdiction Program (TIP), which provides information and training to
identify terrorist suspects seeking to cross borders, and the
Antiterrorism Assistance program, which provides assistance for border
patrol and airport security. The U.S. is also helping INTERPOL to
modernize equipment for faster transmission of fingerprints and other
graphics to TIP participants.
Customs Information and Enforcement
-- Under U.S. law, air carriers must provide advance passenger
information to U.S. Customs by electronic transmission and prior to
arrival in the United States. With this information, law enforcement
agencies should be able to screen passengers to obtain information
about the movement of suspected terrorists while reducing delays for
other passengers entering the United States.
-- U.S Customs maintains mutual assistance agreements with other
country's customs agencies, which allow the sharing of information
during an investigation on the movements of people and cargo across
borders.
3(b): What steps have been taken to exchange information and cooperate
in the areas indicated in this sub-paragraph?
The U.S. has stepped up information exchanges through law enforcement
and intelligence channels to prevent terrorist acts.
-- We have mutual legal assistance treaties and agreements (see
section 2 above for details). These provide for the exchange of
information and evidence in investigating and prosecuting criminal
offenses, and for the suppression or prevention of such offenses. Law
enforcement cooperation to prevent terrorist acts has been enhanced by
the broadened use of the U.S. Joint Terrorism Task Force domestically
and the Legal Attaché Program internationally.
-- Our intelligence and national security organizations have active
programs to detect, preempt, disrupt, and defeat international
terrorism. Many nations cooperate with us in fighting terrorism
through information exchanges.
3(c): What steps have been taken to exchange information and cooperate
in the areas indicated in this sub-paragraph?
-- We have in place an extensive series of bilateral and multilateral
agreements, such as MLATs (see above) for cooperation in preventing
terrorist attacks and investigating and prosecuting perpetrators.
-- In addition, the U.S. is party to ten of the twelve international
conventions and protocols relating to terrorism, and expects to ratify
the two most recent conventions (Terrorist Bombings and Terrorism
Financing) in the near future. U.S. law enforcement authorities
continue to cooperate with their counterparts in various countries
around the world on the prevention of terrorist attacks and the
investigation and prosecution of those who commit such acts, pursuant
to the relevant agreements and other arrangements.
-- The U.S. has prosecuted and convicted domestic and international
terrorists in dozens of cases. Specifically the U.S. has prosecuted
cases under U.S. laws implementing the Montreal Convention (Aircraft
Sabotage),/31 the Hague Convention (Hijacking),/32 the Hostages
Convention,/33 and the Internationally Protected Persons
Convention./34
3(d): What are your government's intentions regarding signing and/or
ratifying the conventions and protocols referred to in this
sub-paragraph?
The U.S. is party to ten of the twelve relevant international
conventions and protocols relating to terrorism, and expects to ratify
the two most recent conventions (Terrorist Bombings and Terrorism
Financing) in the near future.
3(e): Provide any relevant information on the implementation of the
conventions, protocols and resolutions referred to in this
sub-paragraph?
The U.S. is a party to ten of the twelve conventions and protocols
relating to terrorism. Legislation has been enacted to fully
implement:
-- The Convention on Offences and Certain Other Acts Committed On
Board Aircraft, 1963 ("Tokyo Convention")/35
-- The Convention for the Suppression of the Unlawful Seizure of
Aircraft, 1970 ("Hague Convention")/36
-- The Convention for the Suppression of Unlawful Acts Against the
Safety of Civil Aviation, 1971 ("Montreal Convention")/37
-- The Convention on the Prevention and Punishment of Crimes Against
Internationally Protected Persons, 1973/38
-- The International Convention Against the Taking of Hostages, 1979
("Hostages Convention")/39
-- The Convention on the Physical Protection of Nuclear Material,
1980/40
-- The Protocol for the Suppression of Unlawful Acts of Violence at
Airports Serving International Civil Aviation, 1988, Supplementary to
the Convention for the Suppression of Unlawful Acts Against the Safety
of Civil Aviation/41
-- The Convention for the Suppression of Unlawful Acts Against the
Safety of Maritime Navigation, 1988/42
-- The Protocol for the Suppression of Unlawful Acts Against the
Safety of Fixed Platforms Located on the Continental Shelf, 1988/43
-- The Convention on the Marking of Plastic Explosives for the Purpose
of Detection, 1991/44
-- In addition, the U.S. has signed and expects to ratify in the near
future the International Convention for the Suppression of Terrorist
Bombings and the International Convention for the Suppression of the
Financing of Terrorism. Implementing legislation for both has been
submitted to the Congress.
-- The U.S. has implemented Security Council resolutions 1269 and 1368
by working to become a party to all twelve of the conventions and
protocols relating to terrorism, by fully implementing those
agreements to which it is a party, and by establishing and
implementing the measures discussed elsewhere in this submission.
3(f): What legislation, procedures and mechanisms are in place for
ensuring asylum seekers have not been involved in terrorist activity
before granting refugee status?
-- The U.S. has several measures to ensure that asylum seekers have
not been involved in terrorist activity before it grants them refugee
status. A directive issued by President Bush on October 29, 2001
creates a Foreign Terrorist Tracking Task Force strengthening existing
procedures. The Task Force will coordinate U.S. programs to: (1) deny
entry of foreign nationals associated with, suspected of being engaged
in or supporting terrorist activity; and (2) locate, detain,
prosecute, or deport such foreign nationals in the U.S.
-- The U.S. grants refugee status in two different forms: a)
individuals applying from abroad may be admitted as refugees; b)
refugees in the U.S. may be granted asylum. To be eligible for either
status, an applicant must establish that he or she is unable or
unwilling to return home because of past persecution or well-founded
fear of future persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion.
-- The U.S. is a party to the 1967 Protocol Relating to the Status of
Refugees, through which it undertook obligations found in the 1951
Convention Relating to the Status of Refugees. U.S. law contains
several provisions that, together, implement the grounds for exclusion
of refugee status found in the 1951 Convention including denial of
refugee status to those involved in terrorist activity.
-- Under U.S. law, those who apply for refugee status from outside the
country are generally subject to the same grounds of inadmissibility
as other applicants and cannot be granted refugee status if those
grounds apply. Under the law, foreign nationals who engage in
terrorist activity are inadmissible (see Section 2(c) above). This
provision is enforced in the overseas refugee program through a
screening process that relies on applicant interviews by U.S.
immigration officials, checks of appropriate information databases,
and security referral procedures to review and investigate cases.
Experts provide consultative guidance on questionnaires, biometrics
and other security mechanisms to immigration officials who adjudicate
refugee protection claims.
-- Slightly different safeguards apply in the domestic program. The
law excludes from asylum any person who has engaged or may engage in
terrorist activity, who incites terrorist activity, or who is a
knowing member of a terrorist organization. Representatives of a
terrorist organization, or of certain groups whose endorsement of
terrorism undermines U.S. counter terrorism efforts, are also barred
from asylum. An individual may also be excluded from asylum if there
are good reasons for regarding the individual as a danger to the
security of the U.S., or for believing that the individual has
committed a serious non-political crime. U.S. law interpreting the
serious non-political crime provisions make clear that, even if the
crime involves political motivations, it is considered non-political
if it is grossly out of proportion to the political objective, or if
it involves acts of an atrocious nature. These provisions are enforced
by screening procedures relying on fingerprint and identity checks and
on databases that have information on criminal and terrorist activity.
3(g): What procedures are in place to prevent the abuse of refugee
status by terrorists? Please provide details of legislation and/or
administrative procedures which prevent claims of political motivation
being recognized as grounds for refusing requests for the extradition
of alleged terrorists.
-- Once refugee or asylum status has been granted, U.S. law prohibits
the abuse of such status by terrorists. The Foreign Terrorist Tracking
Task Force created by Presidential Directive in October 2001 (see 3(f)
above) coordinates programs to locate, detain, prosecute, or deport
foreign nationals in the U.S. who are suspected of being engaged in or
supporting terrorist activity.
-- Persons admitted from abroad as refugees are subject to removal
from the U.S. if they have engaged, or are engaged, in any terrorist
activity, notwithstanding their refugee status. Also, in every case, a
refugee is required to submit to inspection by INS at the end of one
year. An immigration official examines the refugee to determine
whether any grounds of inadmissibility apply and may deny the refugee
permanent resident status on terrorism grounds.
-- Similar safeguards ensure terrorists do not abuse asylum. Asylum
can be terminated if it is determined that the asylee is subject to
any of the bars to asylum, which include specific provisions excluding
terrorists, as well as provisions excluding those who have committed
serious nonpolitical crimes and those who can reasonability be
regarded as a danger to the security of the U.S.
-- Many modern U.S. extradition treaties provide that the political
offense exception to extradition is not available for certain criminal
offenses associated with terrorism, e.g. murder or other willful
crimes against a head of state or family member and terrorist offenses
specified in multilateral international agreements. These treaty
provisions are U.S. law and have been applied in a number of cases.
-- The U.S. also has signed and expects to ratify in the near future
two multilateral terrorism conventions, those relating to Terrorist
Bombings and Terrorist Financing, which have the effect of limiting
the political offense exception to extradition.
-------------
1/For further information on U.S. laws, see the following web sites:
http://www.access.gpo.gov/su_docs/aces/dcff001.html#usc (for a
database index); http://www.access.gpo.gov/congress/cong013.html (for
U.S. Codes (U.S.C.)); and,
http://www.access.gpo.gov/su_docs/aces/dcff001.html#cfr (for the
Combined Federal Register (CFR))
2/8 U.S.C. § 1189
3/"Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Acts of 2001," Pub. L.
No. 107-56, H.R. 3162, 107th Congress (2001)
4/18 U.S.C. § 2339A
5/18 U.S.C. § 2339A
6/18 U.S.C. § 981(a)(1)(A) would authorize forfeiture for the
transaction offense, and 18 U.S.C. § 981(a)(1)(C) would authorize
forfeiture for the proceeds offense.
7/18 U.S.C. § 2339B
8/12 U.S.C. § 2339B
9/8 U.S.C. § 1189
10/18 U.S.C. § 981(a)(1)(A) (as property involved in a violation of 18
U.S.C. § 1956(a)(2)(A)
11/31 U.S.C. § 5317(e)
12/31 U.S.C. § 5332 (the new Bulk Cash Smuggling offense)
13/See, e.g., 31 Combined Federal Register (C.F.R.) Part 597
14/19 U.S.C. § 1595a
15/See also 18 U.S.C. § 545 (civil forfeiture for articles imported
contrary to law)
16/18 U.S.C. § 373 makes it a criminal offense to solicit a person to
commit a violent crime.
17/§212(a)(3)(B)(iv)(V) of the Immigration and Nationality Act (INA),
8 U.S.C. §1182
18/Title 18 of the U.S.C. (Chapter 44 - Firearms) 18 U.S.C. §§ 921, et
seq.
19/22 U.S.C. §2778 and the International Traffic in Arms Regulations
(ITAR)
20/18 U.S.C. §§ 2339A, 2339B. Penalties for each violation can include
criminal fines and imprisonment of up to fifteen years. As of December
4, 2001, 28 groups are designated as Foreign Terrorist Organizations.
21/§212(a)(3)(B)(iv)(V) of the Immigration and Nationality Act (INA),
8 U.S.C. §1182
22/18 U.S.C. § 2339A. Penalties for each violation can include
criminal fines and incarceration of up to fifteen years.
23/18 U.S.C. § 2339B. Penalties for each violation can include
criminal fines and incarceration of up to fifteen years.
24/18 U.S.C. §§ 1956 and 1957
25/Penalties for each violation can include enhanced criminal fines
and incarceration of up to twenty years. Section 1957 makes it a crime
to engage in a monetary transaction in property derived from specified
unlawful activity, such as 18 U.S.C. §§ 2339A and/or 2339B.
Transactions under § 1957 need not be entirely domestic, but can be,
and in some cases must be, international to meet the elements of the
violation. Penalties for each violation can include criminal fines and
incarceration of up to ten years.
26/18 U.S.C. §§ 981 and 982
27/For example, 18 U.S.C. § 956 makes it a crime to conspire to kill,
maim, or injure persons or damage property in a foreign country; 18
U.S.C. § 2332b makes it a crime to engage in acts of terrorism
transcending national boundaries; 18 U.S.C. § 2332a(b) makes it a
crime for a national of the United States to use certain weapons of
mass destruction outside the United States; 18 U.S.C. § 1116 the
murder or manslaughter of foreign officials, official guests, or
internationally protected persons a crime; 18 U.S.C. § 1119 makes a
foreign murder of a U.S. national a crime; 18 U.S.C. § 32 makes it a
crime to destroy aircraft of aircraft facilities within or outside the
U.S.; and finally, 49 U.S.C. §§ 46502 - 46507 make it a crime to
engage in aircraft piracy or carry a weapon or explosive on an
aircraft.
28/E.g. 18 U.S.C. § § 2332a and 2332b
29/While the terrorist financing statutes at 18 U.S.C. §§ 2339A and
2339B each authorize imposition of a period of 15 years incarceration
for each violation, under the Sentencing Guidelines, a multiple count
conviction could result in a sentence of considerably more time than
15years.
30/The maximum period of incarceration for a single violation of 18
U.S.C. § 1956 is 20 years. The maximum period of incarceration for a
single violation of 18 U.S.C. § 1957 is 10 years.
31/U.S. v. Yousef, 1999 WL 714103 (S.D.N.Y. 1999) (defendant convicted
of conspiring to bomb U.S. passenger airlines in violation of 18
U.S.C. § 32, the implementing statute of the Montreal Convention) [For
list of charges, see U.S. v. Yousef, 925 F. Supp. 1063 (S.D.N.Y.
1996)].
Cf., U.S. v. Rashed, 234 F.3d 1280 (D.C. Cir. 2000)
32/U.S. v. Rezaq, 134 F.3d 1121 (D.C. Cir. 1998) (affirming
defendant's conviction for aircraft piracy in violation of 49 U.S.C. §
46501, the implementing statute of the Hague Convention).
Cf., U.S. v. Mena, 933 F.2d 19 (1st Cir. 1991); U.S. v. Pablo-Lugones,
725 F.2d 624 (11th Cir. 1984)
33/U.S. v. Lue, 134 F.3d 79 (2d Cir. 1998) (affirming hostage-taking
conviction/plea under 18 U.S.C. § 1203, the implementing legislation
for the Hostages Convention). Cf., U.S. v. Lin, 101 F.3d 760 (D.C.
Cir. 1996); U.S. v. Lopez-Flores, 63 F.3d 1468 (9th Cir. 1995); U.S.
v. Carrion-Caliz, 944 F.2d 220 (5th Cir. 1991)
34/U.S. v. Omar Ahmad Ali Abdel Rahman, et al., S.D.N.Y. (prosecution
against ten defendants for conspiracy to bomb the U.N. and other
public buildings and facilities and military installations, as well as
conspiracy to murder Egyptian President Hosni Mubarak, the latter
offense in violation of 18 U.S.C. §§ 1116 and 1117, the implementing
statutes for the Internationally Protected Persons Convention; all
defendants convicted on all counts; unreported trial court decision;
post-trial decision, affirmed in part, remanded in part, 189 F.3d 88
(2d Cir. 1999), cert. denied, 528 U.S. 1094 (2000). Cf., U.S. v. Usama
Bin Laden, et al., S.D.N.Y, no reported post-trial decision or appeal;
U.S. v. Shirosaki, unreported case, D.D.C. 1998, affirmed without
opinion, 194 F.3d 175 (D.C. Cir. 1999), cert. denied, 528 U.S. 1081
(2000)
35/49 U.S.C. §§ 46501, 06
36/49 U.S.C. § 46501-02
37/18 U.S.C. § 31-32, 49 U.S.C. § 46501
38/18 U.S.C. §§ 112, 878, 1116 & 1201(e)
39/18 U.S.C. § 1203
40/18 U.S.C. § 831
41/18 U.S.C. § 37
42/18 U.S.C. § 2280
43/18 U.S.C. § 2281
44/18 U.S.C. §§ 841(o)-(p), 842(l)-(o), 844 (a)(1) & 845(c), 19 U.S.C.
§ 1595a, 18 U.S.C.
§ 842(m)-(o)
1261
12/19/01
(end U.S. text)
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)
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