8 U.S.C. § 1189 — Designation of foreign terrorist organizations

submitted 74 years ago by Pub. L. 104-132 to r/title-8-ALIENS-AND-NATIONALITY · 1,632 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of State may designate a qualifying foreign organization as a foreign terrorist organization. The section sets notice, asset blocking, review, revocation, amendment, and court-review rules.

(a) Designation. (1) The Secretary may designate a foreign organization if it engages in “terrorist activity” or “terrorism,” or retains the capability and intent to do so, and that conduct threatens United States nationals’ security or national security. This section does not define the quoted terms. (2) Seven days before designation, the Secretary must give the specified congressional leaders and committees classified written notice, findings, and facts; seven days later the designation must be published. It takes effect on publication for section 2339B and ends on congressional disapproval by Act. Treasury may block notified assets. (3) The Secretary must create an administrative record and may use classified information, which remains undisclosed while classified except for ex parte, in-camera court review. (4) Designation continues until revoked or set aside. The organization may petition after the stated 2-year periods by showing changed circumstances; the Secretary must decide within 180 days and publish the decision. If no petition review occurs for 5 years, the Secretary must review under established procedures. (5) Congress may revoke. (6) The Secretary may or must revoke when circumstances or national security warrant it, following the notice and record rules. (7) Revocation does not affect earlier conduct. (8) A criminal defendant or alien in removal proceedings may not challenge the designation’s validity once effective. (b) Amendments. The Secretary may amend a designation for a changed name, alias, reconstitution, or merger. Publication makes it effective, and the listed designation, review, revocation, prior-conduct, and no-challenge rules apply. The record must include supporting information; classified information may be used under the same rule. (c) Judicial review. Within 30 days after publication, the organization may seek review in the District of Columbia Circuit. Review uses the administrative record, with classified information available ex parte and in camera. The court must set aside an action that is arbitrary, capricious, an abuse of discretion, unlawful, unconstitutional, beyond or short of authority, unsupported by the record or classified information, or procedurally unlawful. Pending review does not affect this section unless the court finally sets the action aside. (d) “Classified information” has the meaning in the Classified Information Procedures Act. “National security” means national defense, foreign relations, or economic interests. “Relevant committees” are the listed Senate and House committees. “Secretary” means State, consulting Treasury and the Attorney General.

the actual law source: uscode.house.gov ↗public domain

(a) Designation

(1) In general

The Secretary is authorized to designate an organization as a foreign terrorist organization in accordance with this subsection if the Secretary finds that—

(A)

the organization is a foreign organization;

(B)

the organization engages in terrorist activity (as defined in section 1182(a)(3)(B) of this title or terrorism (as defined in section 2656f(d)(2) of title 22), or retains the capability and intent to engage in terrorist activity or terrorism) 1; and

(C)

the terrorist activity or terrorism of the organization threatens the security of United States nationals or the national security of the United States.

(2) Procedure

(A) Notice

(i) To congressional leaders

Seven days before making a designation under this subsection, the Secretary shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of the intent to designate an organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor.

(ii) Publication in Federal Register

The Secretary shall publish the designation in the Federal Register seven days after providing the notification under clause (i).

(B) Effect of designation

(i)

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

(ii)

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

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

(3) Record

(A) In general

In making a designation under this subsection, the Secretary shall create an administrative record.

(B) Classified information

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

(4) Period of designation

(A) In general

A designation under this subsection shall be effective for all purposes until revoked under paragraph (5) or (6) or set aside pursuant to subsection (c).

(B) Review of designation upon petition

(i) In general

The Secretary shall review the designation of a foreign terrorist organization under the procedures set forth in clauses (iii) and (iv) if the designated organization files a petition for revocation within the petition period described in clause (ii).

(ii) Petition period

For purposes of clause (i)—

(I)

if the designated organization has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or

(II)

if the designated organization has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition.

(iii) Procedures

Any foreign terrorist organization that submits a petition for revocation under this subparagraph must provide evidence in that petition that the relevant circumstances described in paragraph (1) are sufficiently different from the circumstances that were the basis for the designation such that a revocation with respect to the organization is warranted.

(iv) Determination

(I) In general

Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Secretary shall make a determination as to such revocation.

(II) Classified information

The Secretary may consider classified information in making a determination in response to a petition for revocation. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c).

(III) Publication of determination

A determination made by the Secretary under this clause shall be published in the Federal Register.

(IV) Procedures

Any revocation by the Secretary shall be made in accordance with paragraph (6).

(i) In general

If in a 5-year period no review has taken place under subparagraph (B), the Secretary shall review the designation of the foreign terrorist organization in order to determine whether such designation should be revoked pursuant to paragraph (6).

(ii) Procedures

If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Secretary. The results of such review and the applicable procedures shall not be reviewable in any court.

(iii) Publication of results of review

The Secretary shall publish any determination made pursuant to this subparagraph in the Federal Register.

(5) Revocation by Act of Congress

The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1).

(6) Revocation based on change in circumstances

(A) In general

The Secretary may revoke a designation made under paragraph (1) at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if the Secretary finds that—

(i)

the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation; or

(ii)

the national security of the United States warrants a revocation.

(B) Procedure

The procedural requirements of paragraphs (2) and (3) shall apply to a revocation under this paragraph. Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified.

(7) Effect of revocation

The revocation of a designation under paragraph (5) or (6) shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation.

(8) Use of designation in trial or hearing

If a designation under this subsection has become effective under paragraph (2)(B) a defendant in a criminal action or an alien in a removal proceeding shall not be permitted to raise any question concerning the validity of the issuance of such designation as a defense or an objection at any trial or hearing.

(b) Amendments to a designation

(1) In general

The Secretary may amend a designation under this subsection if the Secretary finds that the organization has changed its name, adopted a new alias, dissolved and then reconstituted itself under a different name or names, or merged with another organization.

(2) Procedure

Amendments made to a designation in accordance with paragraph (1) shall be effective upon publication in the Federal Register. Subparagraphs (B) and (C) of subsection (a)(2) shall apply to an amended designation upon such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall also apply to an amended designation.

(3) Administrative record

The administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments.

(4) Classified information

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

(1) In general

Not later than 30 days after publication in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the designated organization may seek judicial review in the United States Court of Appeals for the District of Columbia Circuit.

(2) Basis of review

Review under this subsection shall be based solely upon the administrative record, except that the Government may submit, for ex parte and in camera review, classified information used in making the designation, amended designation, or determination in response to a petition for revocation.

(3) Scope of review

The Court shall hold unlawful and set aside a designation, amended designation, or determination in response to a petition for revocation the court finds to be—

(A)

arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(B)

contrary to constitutional right, power, privilege, or immunity;

(C)

in excess of statutory jurisdiction, authority, or limitation, or short of statutory right;

(D)

lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (2),2 or

(E)

not in accord with the procedures required by law.

(4) Judicial review invoked

The pendency of an action for judicial review of a designation, amended designation, or determination in response to a petition for revocation shall not affect the application of this section, unless the court issues a final order setting aside the designation, amended designation, or determination in response to a petition for revocation.

(d) Definitions

As used in this section—

(1)

the term “classified information” has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);

(2)

the term “national security” means the national defense, foreign relations, or economic interests of the United States;

(3)

the term “relevant committees” means the Committees on the Judiciary, Intelligence, and Foreign Relations of the Senate and the Committees on the Judiciary, Intelligence, and International Relations of the House of Representatives; and

(4)

the term “Secretary” means the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General.

Source credit: (June 27, 1952, ch. 477, title II, ch. 2, § 219, as added Pub. L. 104–132, title III, § 302(a), Apr. 24, 1996, 110 Stat. 1248; amended Pub. L. 104–208, div. C, title III, § 356, title VI, § 671(c)(1), Sept. 30, 1996, 110 Stat. 3009–644, 3009–722; Pub. L. 107–56, title IV, § 411(c), Oct. 26, 2001, 115 Stat. 349; Pub. L. 108–458, title VII, § 7119(a)–(c), Dec. 17, 2004, 118 Stat. 3801, 3802.)

history & why it existsrecord from the source credit

1952Enacted · Pub. L. 104-132 · 110 Stat. 1248
1996Amended · Pub. L. 104-208 · 110 Stat. 3009
2001Amended · Pub. L. 107-56 · 115 Stat. 349
2004Amended · Pub. L. 108-458 · 118 Stat. 3801, 3802

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-132 on 1952-06-27.

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