by U.S. Department of State
Fact Sheet
Office of the Coordinator for Counterterrorism
Washington, DC
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
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 “inadmissable” 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;
- solicitation of any individual for membership in an organization on
the TEL list; and
- 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
- Deters donation or contributions to named organizations.
- Heightens public awareness and knowledge of terrorist organizations.
- Alerts other governments to U.S. concerns about organizations
engaged in
terrorist activities.
- 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 February 18, 2003
- Al Taqwa Trade, Property and Industry Company Ltd. (f.k.a. Al Taqwa
Trade, Property and Industry; f.k.a. Al Taqwa Trade, Property and
Industry Establishment; f.k.a. Himmat Establishment)
- Bank Al Taqwa Ltd. (a.k.a. Al Taqwa Bank; a.k.a. Bank Al Taqwa)
- Nada Management Organization (f.k.a. Al Taqwa Management
Organization SA)
- Youssef M. Nada & Co. Gesellschaft M.B.H.
- Ummah Tameer E-Nau (UTN) (a.k.a. Foundation for Construction; a.k.a.
Nation Building; a.k.a. Reconstruction Foundation; a.k.a. Reconstruction
of the Islamic Community; a.k.a. Reconstruction of the Muslim Ummah;
a.k.a. Ummah Tameer I-Nau; a.k.a. Ummah Tamir E-Nau; a.k.a. Ummah Tamir
I-Nau; a.k.a. Ummat Tamir E-Nau; a.k.a. Ummat Tamir-I-Pau)
- Loyalist Volunteer Force (LVF)
- Ulster Defense Association (a.k.a. Ulster Freedom Fighters)
- Afghan Support Committee (a.k.a. Ahya ul Turas; a.k.a. Jamiat
Ayat-ur-Rhas al Islamia; a.k.a. Jamiat Ihya ul Turath al Islamia; a.k.a.
Lajnat el Masa Eidatul Afghania)
- Revival of Islamic Heritage Society (Pakistan and Afghanistan
offices -- Kuwait office not designated) (a.k.a. Jamia Ihya ul Turath;
a.k.a. Jamiat Ihia Al- Turath Al-Islamiya; a.k.a. Revival of Islamic
Society Heritage on the African Continent)
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