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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; and
solicitation of any individual for membership in an organization on
the TEL list 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 November 6, 2002
Al Taqwa Trade, Property and Industry Company Ltd.
Bank Al Taqwa Ltd.
Nada Management Organization
Youssef M. Nada & Co. Gesellschaft M.B.H.
Ummah Tameer E-Nau (UTN)
Loyalist Volunteer Force (LVF)
Ulster Defense Association
Afghan Support Committee
Revival of Islamic Heritage Society (Pakistan and Afghanistan
offices -- Kuwait office not designated)
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