BUREAU
OF COUNTERTERRORISM
Foreign
Terrorist Organizations (FTOs) are foreign organizations that are designated by
the Secretary of State in accordance with section 219 of the Immigration and
Nationality Act (INA), as amended. FTO designations play a critical role in our
fight against terrorism and are an effective means of curtailing support for
terrorist activities and pressuring groups to get out of the terrorism
business.
Designated Foreign Terrorist Organizations
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Date Designated
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Name
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10/8/1997
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Abu
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10/8/1997
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Aum
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10/8/1997
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Basque
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10/8/1997
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Gama’a
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10/8/1997
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HAMAS
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10/8/1997
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Harakat
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10/8/1997
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Hizballah
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10/8/1997
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Kahane
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10/8/1997
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Kurdistan
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10/8/1997
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Liberation
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10/8/1997
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National
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10/8/1997
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Palestine
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10/8/1997
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Palestinian
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10/8/1997
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Popular
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10/8/1997
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PFLP-General
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10/8/1997
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Revolutionary
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10/8/1997
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Revolutionary
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10/8/1997
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Shining
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10/8/1999
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al-Qa’ida
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9/25/2000
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Islamic
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5/16/2001
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Real
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12/26/2001
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Jaish-e-Mohammed
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12/26/2001
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Lashkar-e
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3/27/2002
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Al-Aqsa
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3/27/2002
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Asbat
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3/27/2002
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al-Qaida
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8/9/2002
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Communist
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10/23/2002
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Jemaah
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1/30/2003
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Lashkar
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3/22/2004
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Ansar
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7/13/2004
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Continuity
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12/17/2004
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Islamic
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6/17/2005
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Islamic
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3/5/2008
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Harakat
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3/18/2008
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al-Shabaab
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5/18/2009
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Revolutionary
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7/2/2009
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Kata’ib
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1/19/2010
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al-Qa’ida
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8/6/2010
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Harakat
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9/1/2010
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Tehrik-e
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11/4/2010
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Jundallah
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5/23/2011
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Army
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9/19/2011
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Indian
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3/13/2012
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Jemaah
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5/30/2012
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Abdallah
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9/19/2012
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Haqqani
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3/22/2013
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Ansar
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11/14/2013
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Boko
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11/14/2013
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Ansaru
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12/19/2013
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al-Mulathamun Battalion
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1/13/2014
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Ansar al-Shari’a in Benghazi
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1/13/2014
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Ansar al-Shari’a in Darnah
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1/13/2014
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Ansar al-Shari’a in Tunisia
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4/10/2014
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ISIL
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5/15/2014
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al-Nusrah
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8/20/2014
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Mujahidin
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9/30/2015
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Jaysh
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1/14/2016
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ISIL-Khorasan
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5/20/2016
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Islamic
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6/30/2016
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Al-Qa’ida
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Delisted Foreign Terrorist
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Date Removed
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Name
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Date Orginally Designated
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10/8/1999
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Democratic
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10/8/1997
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10/8/1999
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Khmer
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10/8/1997
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10/8/1999
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Manuel
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10/8/1997
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10/8/2001
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Japanese
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10/8/1997
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10/8/2001
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Tupac
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10/8/1997
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5/18/2009
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Revolutionary
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10/8/1997
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10/15/2010
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Armed
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10/8/1997
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9/28/2012
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Mujahedin-e
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10/8/1997
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5/28/2013
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Moroccan Islamic Combatant Group (GICM)
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10/11/2005
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7/15/2014
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United
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9/10/2001
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9/3/2015
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Revolutionary Organization 17 November (17N)
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10/8/1997
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12/9/2015
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Libyan Islamic Fighting Group (LIFG)
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12/17/2004
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6/1/2017
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Abu Nidal Organization (ANO)
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10/8/1997
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Identification
The Bureau of Counterterrorism in the State Department (CT) continually
monitors the activities of terrorist groups active around the world to identify
potential targets for designation. When reviewing potential targets, CT looks
not only at the actual terrorist attacks that a group has carried out, but also
at whether the group has engaged in planning and preparations for possible
future acts of terrorism or retains the capability and intent to carry out such
acts.
Designation
Once a target is identified, CT prepares 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. If the Secretary of State, in
consultation with the Attorney General and the Secretary of the Treasury,
decides to make the designation, Congress is notified of the Secretary’s intent
to designate the organization and given seven days to review the designation,
as the INA requires. Upon the expiration of the seven-day waiting period and in
the absence of Congressional action to block the designation, notice of the
designation is published in the Federal
Register, at which point the designation takes effect. By law an
organization designated as an FTO may seek judicial review of the designation
in the United States Court of Appeals for the District of Columbia Circuit not
later than 30 days after the designation is published in the Federal Register.
Until
recently the INA provided that FTOs must be redesignated every 2 years or the
designation would lapse. Under the Intelligence Reform and Terrorism Prevention
Act of 2004 (IRTPA), however, the redesignation requirement was replaced by
certain review and revocation procedures. IRTPA provides that an FTO may file a
petition for revocation 2 years after its designation date (or in the case of
redesignated FTOs, its most recent redesignation date) or 2 years after the
determination date on its most recent petition for revocation. In order to
provide a basis for revocation, the petitioning FTO must provide evidence that
the circumstances forming the basis for the designation are sufficiently
different as to warrant revocation. If no such review has been conducted during
a 5 year period with respect to a designation, then the Secretary of State is
required to review the designation to determine whether revocation would be
appropriate. In addition, the Secretary of State may at any time revoke a
designation upon a finding that the circumstances forming the basis for the
designation have changed in such a manner as to warrant revocation, or that the
national security of the United States warrants a revocation. The same
procedural requirements apply to revocations made by the Secretary of State as
apply to designations. A designation may be revoked by an Act of Congress, or
set aside by a Court order.
Legal Criteria for Designation under Section 219 of
the INA as amended
- It must be a foreign organization.
- The
organization must engage
in terrorist activity, as defined in section 212 (a)(3)(B) of
the INA (8 U.S.C. § 1182(a)(3)(B)),* or terrorism, as
defined in section 140(d)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (22 U.S.C. § 2656f(d)(2)),** or retain the capability and
intent to engage in terrorist activity or terrorism. - The
organization’s terrorist activity or terrorism must threaten the security
of U.S. nationals or the
national security (national defense, foreign relations, or the
economic interests) of the United States.
Legal Ramifications of Designation
- It is
unlawful for a person in the United States or subject to the jurisdiction
of the United States to knowingly provide “material support or
resources” to a designated FTO. (The term “material support or
resources” is defined in 18 U.S.C. § 2339A(b)(1) as ” any
property, tangible or intangible, or service, including currency or
monetary instruments or financial securities, financial services, lodging,
training, expert advice or assistance, safehouses, false documentation or
identification, communications equipment, facilities, weapons, lethal
substances, explosives, personnel (1 or more individuals who maybe or
include oneself), and transportation, except medicine or religious
materials.” 18 U.S.C. § 2339A(b)(2) provides that for these purposes “the
term ‘training’ means instruction or teaching designed to impart a
specific skill, as opposed to general knowledge.” 18 U.S.C. § 2339A(b)(3)
further provides that for these purposes the term ‘expert advice or
assistance’ means advice or assistance derived from scientific, technical
or other specialized knowledge.’’ - Representatives
and members of a designated FTO, if they are aliens, are inadmissible to
and, in certain circumstances, removable from the United States (see 8
U.S.C. §§ 1182 (a)(3)(B)(i)(IV)-(V), 1227 (a)(1)(A)). - Any U.S.
financial institution that becomes aware that it has possession of or
control over funds in which a designated FTO or its agent has an interest
must retain possession of or control over the funds and report the funds
to the Office of Foreign Assets Control of the U.S. Department of the Treasury.
Other Effects of Designation
- Supports our
efforts to curb terrorism financing and to encourage other nations to do
the same. - Stigmatizes
and isolates designated terrorist organizations internationally. - Deters
donations or contributions to and economic transactions with named
organizations. - Heightens
public awareness and knowledge of terrorist organizations. - Signals to
other governments our concern about named organizations.
Revocations of Foreign Terrorist Organizations
The
Immigration and Nationality Act sets out three possible basis for revoking a
Foreign Terrorist Organization designation:
- The
Secretary of State must revoke a designation if the Secretary finds that
the circumstances that were the basis of the designation have changed in
such a manner as to warrant a revocation; - The
Secretary of State must revoke a designation if the Secretary finds that
the national security of the United States warrants a revocation; - The
Secretary of State may revoke a designation at any time.
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. The
revocation of a designation shall not affect any action or proceeding based on
conduct committed prior to the effective date of such revocation.