
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-56 Section 411(c)]
[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); and
            (C) the terrorist activity of the organization threatens the 
        security of United States nationals or the national security of 
        the United States.

                            (2) Procedure

        (A) Notice

            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.

        (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) 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), 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 (c) 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 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) 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 of the designation; or
                (ii) the national security of the United States warrants 
            a revocation of the designation.

        (B) Procedure

            The procedural requirements of paragraphs (2) through (4) 
        shall apply to a revocation under this paragraph.

                      (7) Effect of revocation

        The revocation of a designation under paragraph (5) or (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 (1)(B), a defendant in a criminal action shall not 
    be permitted to raise any question concerning the validity of the 
    issuance of such designation 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),\1\ or
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    \1\ 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.)

                       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.


                               Amendments

    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 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].''

                  Section Referred to in Other Sections

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