*EPF102 11/18/2002
Fact Sheet: Terrorist Exclusion List Bolsters Homeland Security
(List was created by USA Patriot Act of 2001) (970)

Following is a fact sheet from the Department of State's Office of the Coordinator for Counterterrorism that explains the Terrorist Exclusion List, its designation criteria, designation process and legal ramifications along with a listing of the current groups and individuals included on the list:

(begin fact sheet)

Fact Sheet
U.S. Department of State
Office of the Coordinator for Counterterrorism
Washington, D.C.
November 15, 2002

Terrorist Exclusion List

Section 411 of the USA PATRIOT ACT of 2001 (8 U.S.C. § 1182) authorized the Secretary of State, in consultation with or upon the request of the Attorney General, to designate terrorist organizations for immigration purposes. This authority is known as the Terrorist Exclusion List (TEL) authority. A TEL designation bolsters homeland security efforts by facilitating the USG's [U.S. government's] ability to exclude aliens associated with entities on the TEL from entering the United States.

Designation Criteria

An organization can be placed on the TEL if the Secretary of State finds that the organization:

-- commits or incites to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;
-- prepares or plans a terrorist activity;
-- gathers information on potential targets for terrorist activity; or
-- provides material support to further terrorist activity.

Under the statute, terrorist activity means any activity that is unlawful under U.S. law or the laws of the place where it was committed and involves: hijacking or sabotage of an aircraft, vessel, vehicle or other conveyance; hostage taking; a violent attack on an internationally protected person; assassination; or the use of any biological agent, chemical agent, nuclear weapon or device, or explosive, firearm, or other weapon or dangerous device (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. The definition also captures any threat, attempt, or conspiracy to do any of these activities.

Designation Process

The Secretary of State is authorized to designate groups as TEL organizations in consultation with, or upon the request of the Attorney General. Once an organization of concern is identified, or a request is received from the Attorney General to designate a particular organization, the State Department works closely with the Department of Justice and the intelligence community to prepare 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. Once completed, the administrative record is sent to the Secretary of State who decides whether to designate the organization. Notices of designations are published in the Federal Register.

Effects of Designation

Legal Ramifications

Individual aliens providing support to or associated with TEL-designated organizations may be found inadmissible to the U.S., i.e., such aliens may be prevented from entering the U.S. or, if already in U.S. territory, may in certain circumstances be deported. Examples of activity that may render an alien inadmissible as a result of an organization's TEL designation include:

-- membership in a TEL-designated organization;
-- use of the alien s position of prominence within any country to persuade others to support an organization on the TEL list;
-- solicitation of funds or other things of value for an organization on the TEL list; and
-- solicitation of any individual for membership in an organization on the TEL list commission of an act that the alien knows, or reasonably should have known, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material for financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training to an organization on the TEL list.

(It should be noted that individual aliens may also found inadmissible on the basis of other types of terrorist activity unrelated to TEL-designated organizations; see 8 U.S.C. §1182(a)(3)(B).)

Other Effects

1. Deters donation or contributions to named organizations. 2. Heightens public awareness and knowledge of terrorist organizations.
3. Alerts other governments to U.S. concerns about organizations engaged in terrorist activities.
4. Stigmatizes and isolates designated terrorist organizations.

Background

On December 5th, 2001 Secretary of State Colin Powell, in consultation with the Attorney General designated the following organizations, thereby placing them on the Terrorist Exclusion List:

Terrorist Exclusion List Designees

-- Al-Ittihad al-Islami (AIAI)
-- Al-Wafa al-Igatha al-Islamia
-- Asbat al-Ansar
-- Darkazanli Company
-- Salafist Group for Call and Combat (GSPC)
-- Islamic Army of Aden
-- Libyan Islamic Fighting Group
-- Makhtab al-Khidmat
-- Al-Hamati Sweets Bakeries
-- Al-Nur Honey Center
-- Al-Rashid Trust
-- Al-Shifa Honey Press for Industry and Commerce
-- Jaysh-e-Mohammed
-- Jamiat al-Ta awun al-Islamiyya
-- Alex Boncayao Brigade (ABB)
-- Army for the Liberation of Rwanda (ALIR) -- AKA: Interahamwe, Former Armed Forces (EX-FAR)
-- First of October Antifascist Resistance Group (GRAPO) -- AKA: Grupo de Resistencia Anti-Fascista Premero De Octubre
-- Lashkar-e-Tayyiba (LT) -- AKA: Army of the Righteous
-- Continuity Irish Republican Army (CIRA) AKA: Continuity Army Council
-- Orange Volunteers (OV)
-- Red Hand Defenders (RHD)
-- New People s Army (NPA)
-- People Against Gangsterism and Drugs (PAGAD)
-- Revolutionary United Front (RUF)
-- Al-Ma unah
-- Jayshullah
-- Black Star
-- Anarchist Faction for Overthrow
-- Red Brigades-Combatant Communist Party (BR-PCC)
-- Revolutionary Proletarian Nucleus
-- Turkish Hizballah
-- Jerusalem Warriors
-- Islamic Renewal and Reform Organization
-- The Pentagon Gang
-- Japanese Red Army (JRA)
-- Jamiat ul-Mujahideen (JUM)
-- Harakat ul Jihad i Islami (HUJI)
-- The Allied Democratic Forces (ADF)
-- The Lord s Resistance Army (LRA)

Designated on November 6, 2002

-- Al Taqwa Trade, Property and Industry Company Ltd.
-- Bank Al Taqwa Ltd.
-- Nada Management Organization
-- Youssef M. Nada & Co. Gesellschaft M.B.H.
-- Ummah Tameer E-Nau (UTN)
-- Loyalist Volunteer Force (LVF)
-- Ulster Defense Association
-- Afghan Support Committee
-- Revival of Islamic Heritage Society (Pakistan and Afghanistan offices -- Kuwait office not designated)

(end fact sheet)

(Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)

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