8 USC 1189 - Designation of foreign terrorist organizations

U.S Code last checked for updates: May 06, 2024

§ 1189.

Designation of foreign terrorist organizations

(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

 So in original. The closing parenthesis probably should follow “section 1182(a)(3)(B) of this title”.

; 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

(ii)

Publication in Federal Register

(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.

(C)

Freezing of assets

(3)

Record

(A)

In general

(B)

Classified information

(4)

Period of designation

(A)

In general

(B)

Review of designation upon petition

(i)

In general

(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

(iv)

Determination

(I)

In general

(II)

Classified information

(III)

Publication of determination

(IV)

Procedures

(C)

Other review of designation

(i)

In general

(ii)

Procedures

(iii)

Publication of results of review

(5)

Revocation by Act of Congress

(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

(7)

Effect of revocation

(8)

Use of designation in trial or hearing

(b)

Amendments to a designation

(1)

In general

(2)

Procedure

(3)

Administrative record

(4)

Classified information

(c)

Judicial review of designation

(1)

In general

(2)

Basis of review

(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

 So in original. The comma probably should be a semicolon.

(E)

not in accord with the procedures required by law.

(4)

Judicial review invoked

(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.

(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.)

cite as: 8 USC 1189