US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 8USC1189]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
Part II--Admission Qualifications for Aliens; Travel Control of Citizens 
                               and Aliens
 
Sec. 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\; and
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    \1\ So in original. The closing parenthesis probably should follow 
``section 1182(a)(3)(B) of this title''.
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            (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.

        (C) Freezing of assets

            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 (b) of this section.

                      (4) Period of designation

        (A) In general

            Subject to paragraphs (5) and (6), a designation under this 
        subsection shall be effective for all purposes for a period of 2 
        years beginning on the effective date of the designation under 
        paragraph (2)(B).

        (B) Redesignation

            The Secretary may redesignate a foreign organization as a 
        foreign terrorist organization for an additional 2-year period 
        at the end of the 2-year period referred to in subparagraph (A) 
        (but not sooner than 60 days prior to the termination of such 
        period) upon a finding that the relevant circumstances described 
        in paragraph (1) still exist. The Secretary also may redesignate 
        such organization at the end of any 2-year redesignation period 
        (but not sooner than 60 days prior to the termination of such 
        period) for an additional 2-year period upon a finding that the 
        relevant circumstances described in paragraph (1) still exist. 
        Any redesignation shall be effective immediately following the 
        end of the prior 2-year designation or redesignation period 
        unless a different effective date is provided in such 
        redesignation. The procedural requirements of paragraphs (2) and 
        (3) shall apply to a redesignation under this subparagraph.

                  (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) or a redesignation made under paragraph (4)(B) if the 
        Secretary finds that--
                (i) the circumstances that were the basis for the 
            designation or redesignation 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), or 
    the revocation of a redesignation under paragraph (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), or if a redesignation under this subsection 
    has become effective under paragraph (4)(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 or redesignation as a defense or an 
    objection at any trial or hearing.

(b) Judicial review of designation

                           (1) In general

        Not later than 30 days after publication of the designation in 
    the Federal Register, an organization designated as a foreign 
    terrorist organization may seek judicial review of the designation 
    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.

                         (3) Scope of review

        The Court shall hold unlawful and set aside a designation 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
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    \2\ So in original. The comma probably should be a semicolon.
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            (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 
    shall not affect the application of this section, unless the court 
    issues a final order setting aside the designation.

(c) 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, Sec. 219, as added Pub. L. 
104-132, title III, Sec. 302(a), Apr. 24, 1996, 110 Stat. 1248; amended 
Pub. L. 104-208, div. C, title III, Sec. 356, title VI, Sec. 671(c)(1), 
Sept. 30, 1996, 110 Stat. 3009-644, 3009-722; Pub. L. 107-56, title IV, 
Sec. 411(c), Oct. 26, 2001, 115 Stat. 349.)

                       References in Text

    Section 1(a) of the Classified Information Procedures Act, referred 
to in subsec. (c)(1), is section 1(a) of Pub. L. 96-456, which is set 
out in the Appendix to Title 18, Crimes and Criminal Procedure.

                          Codification

    Another section 411(c) of Pub. L. 107-56 enacted provisions set out 
as an Effective Date of 2001 Amendment note under section 1182 of this 
title.


                               Amendments

    2001--Subsec. (a)(1)(B). Pub. L. 107-56, Sec. 411(c)(1), inserted 
``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'' after ``section 1182(a)(3)(B) of this title''.
    Subsec. (a)(1)(C). Pub. L. 107-56, Sec. 411(c)(2), inserted ``or 
terrorism'' after ``the terrorist activity''.
    Subsec. (a)(2)(A). Pub. L. 107-56, Sec. 411(c)(3), reenacted heading 
without change and amended text generally. Prior to amendment, text read 
as follows: ``Seven days before making a designation under this 
subsection, the Secretary shall, by classified communication--
        ``(i) 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, in writing, of the intent to designate a foreign 
    organization under this subsection, together with the findings made 
    under paragraph (1) with respect to that organization, and the 
    factual basis therefor; and
        ``(ii) seven days after such notification, publish the 
    designation in the Federal Register.''
    Subsec. (a)(2)(B)(i). Pub. L. 107-56, Sec. 411(c)(4), substituted 
``subparagraph (A)(ii)'' for ``subparagraph (A)''.
    Subsec. (a)(2)(C). Pub. L. 107-56, Sec. 411(c)(5), substituted 
``paragraph (2)(A)(i)'' for ``paragraph (2)''.
    Subsec. (a)(3)(B). Pub. L. 107-56, Sec. 411(c)(6), substituted 
``subsection (b) of this section'' for ``subsection (c) of this 
section''.
    Subsec. (a)(4)(B). Pub. L. 107-56, Sec. 411(c)(7), inserted after 
first sentence ``The Secretary also may redesignate such organization at 
the end of any 2-year redesignation period (but not sooner than 60 days 
prior to the termination of such period) for an additional 2-year period 
upon a finding that the relevant circumstances described in paragraph 
(1) still exist. Any redesignation shall be effective immediately 
following the end of the prior 2-year designation or redesignation 
period unless a different effective date is provided in such 
redesignation.''
    Subsec. (a)(6)(A). Pub. L. 107-56, Sec. 411(c)(8)(A), inserted ``or 
a redesignation made under paragraph (4)(B)'' after ``paragraph (1)'' in 
introductory provisions.
    Subsec. (a)(6)(A)(i). Pub. L. 107-56, Sec. 411(c)(8)(B), inserted 
``or redesignation'' after ``basis for the designation'' and struck out 
``of the designation'' before semicolon.
    Subsec. (a)(6)(A)(ii). Pub. L. 107-56, Sec. 411(c)(8)(C), struck out 
``of the designation'' before period at end.
    Subsec. (a)(6)(B). Pub. L. 107-56, Sec. 411(c)(9), substituted ``and 
(3)'' for ``through (4)'' and inserted ``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.'' at end.
    Subsec. (a)(7). Pub. L. 107-56, Sec. 411(c)(10), inserted ``, or the 
revocation of a redesignation under paragraph (6),'' after ``paragraph 
(5) or (6)''.
    Subsec. (a)(8). Pub. L. 107-56, Sec. 411(c)(11), substituted 
``paragraph (2)(B), or if a redesignation under this subsection has 
become effective under paragraph (4)(B)'' for ``paragraph (1)(B)'' and 
inserted ``or an alien in a removal proceeding'' after ``criminal 
action'' and ``or redesignation'' before ``as a defense''.
    1996--Pub. L. 104-208, Sec. 671(c)(1), made technical amendment to 
section catchline.
    Subsec. (b)(3)(D), (E). Pub. L. 104-208, Sec. 356, added subpars. 
(D) and (E).


                    Effective Date of 2001 Amendment

    Amendment by Pub. L. 107-56 effective Oct. 26, 2001, and applicable 
to actions taken by an alien before, on, or after Oct. 26, 2001, and to 
all aliens, regardless of date of entry or attempted entry into the 
United States, in removal proceedings on or after such date (except for 
proceedings in which there has been a final administrative decision 
before such date) or seeking admission to the United States on or after 
such date, with special rules and exceptions, see section 411(c) of Pub. 
L. 107-56, set out as a note under section 1182 of this title.


                    Effective Date of 1996 Amendment

    Amendment by section 356 of Pub. L. 104-208 effective as if included 
in the enactment of subtitle A of title IV of the Antiterrorism and 
Effective Death Penalty Act of 1996, Pub. L. 104-132, see section 358 of 
Pub. L. 104-208, set out as a note under section 1182 of this title.
    Section 671(c)(7) of div. C of Pub. L. 104-208 provided that: ``The 
amendments made by this subsection [amending this section and sections 
1105a and 1252a of this title] shall take effect as if included in the 
enactment of subtitle A of title IV of AEPDA [Pub. L. 104-132].''

  Abolition of Immigration and Naturalization Service and Transfer of 
                                Functions

    For abolition of Immigration and Naturalization Service, transfer of 
functions, and treatment of related references, see note set out under 
section 1551 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1182 of this title; title 6 
section 236; title 18 section 2339B.