US embassy cable - 99STATE184471

DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS

Identifier: 99STATE184471
Wikileaks: View 99STATE184471 at Wikileaks.org
Origin: Secretary of State
Created: 1999-09-30 15:57:00
Classification: CONFIDENTIAL
Tags: PTER OPRC
Redacted: This cable was not redacted by Wikileaks.
O 301557Z SEP 99
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS IMMEDIATE
C O N F I D E N T I A L STATE 184471 
 
E.O. 12958: DECL: (OCTOBER 8, 1999 12:00 NOON EDT) 
TAGS: PTER, OPRC 
SUBJECT: DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS 
 
CLASSIFIED BY JOHN LIMBERT, DEPUTY COORDINATOR FOR 
COUNTERTERRORISM,S/CT. REASON 1.5 (B) AND (D). 
 
1. (C) BEGIN SUMMARY: THE 8 OCTOBER 1999 ANNOUNCEMENT BY THE 
SECRETARY OF STATE OF THE DESIGNATION OF "FOREIGN TERRORIST 
ORGANIZATIONS" IS LIKELY TO ATTRACT MEDIA COVERAGE AND 
OFFICIAL INTEREST IN SOME COUNTRIES. CHIEFS OF MISSION AND 
PUBLIC DIPLOMACY SECTIONS SHOULD CONSIDER GOVERNMENT-TO- 
GOVERNMENT ACTIONS AS WELL AS PUBLIC AFFAIRS ACTIONS 
APPROPRIATE TO THE LOCAL ENVIRONMENT. INSTRUCTIONS FOR 
SELECTED MISSIONS WILL FOLLOW BY SEPTEL. END SUMMARY 
 
2. (C) ON 1 OCTOBER 1999 THE SECRETARY OF STATE, AS REQUIRED BY 
THE ANTI-TERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996, 
WILL DESIGNATE "FOREIGN TERRORIST ORGANIZATIONS." UNDER 
THE STATUTE, THE SECRETARY MUST MAKE THESE DESIGNATIONS AT 
 
LEAST EVERY TWO YEARS. DETAILS ON THE HISTORY, PROCESS, 
AND EFFECTS OF THE DESIGNATIONS ARE PROVIDED BELOW. 
 
3. (C) THE 1999 LIST CONTAINS 28 DESIGNATIONS; THE 1997 LIST 
DESIGNATED 30 ORGANIZATIONS. THREE WERE DROPPED, ONE WAS 
ADDED, AND 27 ARE REDESIGNATED. 
 
4. (C) THE DEMOCRATIC FRONT FOR THE LIBERATION OF PALESTINE 
(DFLP) AND MANUEL RODRIGUEZ PATRIOTIC FRONT DISSIDENTS 
(FPMR/D) WERE DROPPED DUE TO LACK OF TERRORIST ACTIVITY. 
 
5. (C) THE KHMER ROUGE WAS DROPPED BECAUSE IT HAS EFFECTIVELY 
CEASED TO EXIST. 
 
6. (C) AL-QA'IDA, THE ORGANIZATION/NETWORK BEHIND THE BOMBINGS 
OF OUR EMBASSIES IN KENYA AND TANZANIA, IS ADDED. 
 
7. (C) SINCE THE LIST CONTAINS NO MAJOR CHANGES OR SURPRISES, 
DEPARTMENT DOES NOT ANTICIPATE THAT THE LIST WILL ATTRACT 
WIDE ATTENTION IN THE U.S. THE LIST IS LIKELY, HOWEVER, TO 
ATTRACT COVERAGE AND PROVOKE CONTROVERSY IN COUNTRIES 
HAVING AN INTEREST IN ONE OR MORE OF THE GROUPS. 
 
8. (C) ADVANCE, CLEARED, UNCLASSIFIED MATERIAL IS BEING PRO- 
VIDED TO PAOS VIA USIS CHANNELS. SUGGEST CHIEFS OF MISSION 
CONSULT WITH THEIR PUBLIC DIPLOMACY OFFICERS TO DETERMINE 
THE PUBLIC STANCE MOST APPROPRIATE FOR THEIR ENVIRONMENT. 
USIA HAS TOLD US THEY PLAN TO TRANSLATE THE MATERIAL INTO 
THE MAJOR LANGUAGES. 
 
9. (C) POSTS MAY WANT TO USE THAT SAME MATERIAL TO INFORM 
INTERESTED GOVERNMENTS PRIVATELY AHEAD OF THE 8 OCTOBER 
PUBLIC ANNOUNCEMENT. 
 
10. (C) DESIGNATED FOREIGN TERRORIST ORGANIZATIONS, 1999. (NB: 
UNCLASSIFIED DESCRIPTIONS OF THESE AND OTHER TERRORIST 
ORGANIZATIONS ARE AVAILABLE IN THE STATE DEPARTMENT 
PUBLICATION "PATTERNS OF GLOBAL TERRORISM 1998." THE ENTIRE 
PUBLICATION IS ON BOTH THE STATE AND USIA WEB PAGES.) 
 
- ABU NIDAL ORGANIZATION (ANO) 
 
- ABU SAYYAF GROUP (ASG) 
 
- ARMED ISLAMIC GROUP (GIA) 
 
- AUM SHINRIYKYO (AUM) 
 
- BASQUE FATHERLAND AND LIBERTY (ETA) 
 
- HAMAS (ISLAMIC RESISTANCE MOVEMENT) 
 
- HARAKAT UL-MUJAHIDIN (HUM) 
 
- HIZBALLAH (PARTY OF GOD) 
 
- GAMA'A AL-ISLAMIYYA (ISLAMIC GROUP, IG) 
 
- JAPANESE RED ARMY (JRA) 
 
- AL-JIHAD 
 
- KACH 
 
- KAHANE CHAI 
 
- KURDISTAN WORKERS' PARTY (PKK) 
 
- LIBERATION TIGERS OF TAMIL ELAM (LTTE) 
 
- MUJAHEDIN-E KHALQ ORGANIZATION (MEK, MKO, NCR AND OTHERS) 
 
- NATIONAL LIBERATION ARMY (ELN) 
 
- PALESTINE ISLAMIC JIHAD-SHAQAQI FACTION (PIJ) 
 
- PALESTINE LIBERATION FRONT-ABU ABBAS FACTION (PLF) 
 
- POPULAR FRONT FOR THE LIBERATION OF PALESTINE (PFLP) 
 
- POPULAR FRONT FOR THE LIBERATION OF PALESTINE-GENERAL 
COMMAND (PFLP-GC) 
 
- AL-QA'IDA 
 
- REVOLUTIONARY ARMED FORCES OF COLOMBIA (FARC) 
 
- REVOLUTIONARY ORGANIZATION 17 NOVEMBER (17 NOVEMBER) 
 
- REVOLUTIONARY PEOPLE'S LIBERATION ARMY/FRONT (DHKP/C) 
 
- REVOLUTIONARY PEOPLE'S STRUGGLE (ELA) 
 
- SHINING PATH (SENDERO LUMINOSO, SL) 
 
- TUPAC AMARU REVOLUTIONARY MOVEMENT (MRTA) 
 
11. (U) BACKGROUND: 
 
(U) LEGAL EFFECTS OF DESIGNATION 
 
A) UNLAWFUL FOR A PERSON IN THE U.S. OR SUBJECT TO THE 
   JURISDICTION OF U.S. TO PROVIDE FUNDS OR OTHER MATERIAL 
   SUPPORT TO AN FTO 
 
B) ALIENS CAN BE DENIED VISAS OR EXCLUDED IF THEY ARE MEMBERS 
   OR REPRESENTATIVES OF AN FTO 
 
C) U.S. FINANCIAL INSTITUTIONS MUST BLOCK FUNDS OF FTOS AND 
   THEIR AGENTS AND REPORT THE BLOCKAGE. 
 
12. (U) THREE CRITERIA FOR DESIGNATION 
 
(U) THE THREE CRITERIA ARE: 
 
A. THE ORGANIZATION MUST BE FOREIGN. 
 
B. THE ORGANIZATION MUST ENGAGE IN TERRORIST ACTIVITY AS DEFINED 
   IN SECTION 212 (A)(3)(B) OF THE IMMIGRATION AND NATIONALITY 
   ACT. 
 
C. THE ORGANIZATION'S ACTIVITIES MUST THREATEN THE SECURITY OF 
   U.S. NATIONALS OR THE NATIONAL SECURITY (NATIONAL DEFENSE, 
   FOREIGN RELATIONS OR THE ECONOMIC INTERESTS) OF THE UNITED 
   STATES. 
 
 
13. (U) THE PROCESS 
 
(U) THE STATUTE REQUIRES THAT THE DESIGNATIONS BE SUBJECT 
TO JUDICIAL REVIEW. (FYI: THE LTTE AND THE MEK BOTH 
MOUNTED LEGAL CHALLENGES TO THEIR 1997 DESIGNATIONS AND 
LOST THEIR APPEALS.) THE RECOMMENDATIONS ON WHICH THE 
SECRETARY OF STATE BASED HER FINDINGS WERE MADE FOLLOWING 
AN EXHAUSTIVE INTERAGENCY EFFORT. WE HAVE KEPT AN ADMINIS- 
TRATIVE RECORD OF EACH RECOMMENDATION. BECAUSE THE RECORDS 
WOULD REVEAL INTELLIGENCE SOURCES AND METHODS, THEY ARE AND 
WILL REMAIN CLASSIFIED. 
 
14. (U) THE DESIGNATIONS EXPIRE IN TWO YEARS UNLESS RENEWED. 
THE LAW ALSO ALLOWS GROUPS TO BE ADDED AT ANY TIME FOLLOWING 
A DECISION BY THE SECRETARY, IN CONSULTATION WITH THE 
ATTORNEY GENERAL AND THE SECRETARY OF THE TREASURY. 
DESIGNATIONS CAN ALSO BE REVOKED IF THE SECRETARY DETERMINES 
THAT THERE ARE GROUNDS FOR DOING SO AND NOTIFIES CONGRESS. 
CONGRESS CAN ALSO PASS LEGISLATION TO REVOKE DESIGNATIONS. 
 
15. (U) ORIGIN 
 
(U) THE LAW RESPONDS TO CONCERNS ABOUT FOREIGN TERRORIST 
ORGANIZATIONS RAISING FUNDS IN THE UNITED STATES. 
 
(U) SOME TERRORIST ORGANIZATIONS HAVE PORTRAYED THEMSELVES AS 
RAISING MONEY FOR CHARITABLE ACTIVITIES SUCH AS CLINICS OR 
SCHOOLS. THESE ACTIVITIES HAVE HELPED RECRUIT SUPPORTERS AND 
ACTIVISTS AND HAVE SOMETIMES PROVIDED SUPPORT TO TERRORISTS. 
 
(U) CONGRESS WAS QUITE AWARE THAT TERRORIST ORGANIZATIONS 
MIGHT CLOAK THEIR ACTIVITIES WITH PROFESSIONS OF GOOD WORKS 
AND ADDRESSED THE MATTER AS FOLLOWS: "FOREIGN ORGANIZATIONS 
THAT ENGAGE IN TERRORIST ACTIVITY ARE SO TAINTED BY THEIR 
CRIMINAL CONDUCT THAT ANY CONTRIBUTION TO SUCH AN 
ORGANIZATION FACILITATES THAT CONDUCT. (SECTION 301(A)(7))." 
 
(U) THEREFORE, ANY CONTRIBUTION TO A FOREIGN TERRORIST 
ORGANIZATION, REGARDLESS OF THE INTENDED PURPOSE, IS 
PROHIBITED BY THE STATUTE, UNLESS THE CONTRIBUTION IS 
LIMITED TO MEDICINE OR RELIGIOUS MATERIALS. 
 
16. (U) WASHINGTON ACTIVITIES 
 
A) ON 1 OCTOBER 99 THE SECRETARY SENDS THE DESIGNATIONS 
     TO THE CONGRESS AS A CLASSIFIED DOCUMENT. 
 
B) ON 8 OCTOBER THE DESIGNATIONS ARE PUBLISHED IN THE 
    FEDERAL REGISTER. 
 
C) ON 8 OCTOBER A SENIOR DEPARTMENT OFFICIAL (IDENTITY 
    PENDING) WILL ANNOUNCE THE DESIGNATIONS AND BRIEF AT 
    THE STATE DEPARTMENT. (NOTE: DUE TO POSSIBLE 
    SCHEDULING CONFLICTS, THE DATE FOR THE ANNOUNCEMENT 
    AND BRIEFING MAY SLIP TO TUESDAY, 12 OCTOBER.) 
 
D) AFTER THE STATE DEPARTMENT BRIEFING A SUITABLE 
    OFFICIAL (PROBABLY COUNTERTERRORISM COORDINATOR 
    AMBASSADOR MICHAEL SHEEHAN) WILL BRIEF AT PA'S 
    WASHINGTON FOREIGN PRESS CENTER. 
 
 
17. (C) PUBLIC AFFAIRS/PUBLIC DIPLOMACY GOALS FOR THE 
ANNOUNCEMENT: 
 
A) DISCREDIT FTOS AND WEAKEN PUBLIC AND GOVERNMENT 
    SUPPORT FOR THEM. 
B) DISCOURAGE FINANCIAL AND IN-KIND CONTRIBUTIONS TO THEM 
C)  REEMPHASIZE U.S. GOVERNMENT COUNTERTERRORISM POLICY. 
 
18. (U) MISSIONS ARE INVITED TO SUGGEST PUBLIC ACTIVITIES, 
SUCH AS BACKGROUNDERS WITH INDIVIDUAL JOURNALISTS AND THE 
LIKE. PLEASE SEND SUGGESTIONS BY EMAIL TO S/CT SENIOR 
ADVISOR FOR PUBLIC DIPLOMACY DONALD R. HAMILTON. (202) 
647-9390. 
 
19. (U) INSTRUCTIONS TO INDIVIDUAL POSTS WILL FOLLOW BY 
SEPARATE MESSAGE. 
 
 
ALBRIGHT 

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