DOS Cable on Patriot Act Inadmissibility Grounds

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UNCLAS STATE 191952


VISAS

E.O. 12958: N/A
TAGS: CVIS, CMGT
SUBJECT: VISA PROVISIONS IN USA PATRIOT ACT SERIES: #2

REF: STATE 190946

1. This telegram provides the text of section 212(a)(3)(B)
and (F) following passage of the USA Patriot Act. This is
only the text; instructions on how to implement the
provisions will follow soon. Posts should take no
additional action at this time, except to note that all
cases involving potential ineligibilities under the new
section (3)(F) should be submitted for the Departments
security advisory opinion, and that (3)(B) cases should
continue to be submitted for security advisory opinions.

2. Text of sections (3)(B) and (3)(F):

(3) Security and related grounds. -

. . .

(B) Terrorist activities-

(i) In general. - Any alien who -

(I) has engaged in a terrorist activity,
(II) a consular officer or the Attorney General
knows, or has reasonable ground to believe, is
engaged in or is likely to engage after entry in any
terrorist activity (as defined in clause (iv)),
(III) has, under circumstances indicating an
intention to cause death or serious bodily harm,
incited terrorist activity,
(IV) is a representative (as defined in clause (v))
of--
(aa) a foreign terrorist organization, as designated
by the Secretary of State under section 219, or
(bb) a political, social or other similar group whose
public endorsement of acts of terrorist activity the
Secretary of State has determined undermines United
States efforts to reduce or eliminate terrorist
activities,
(V) is a member of a foreign terrorist organization,
as designated by the Secretary under section 219,
which the alien knows or should have known is a
terrorist organization, or
(VI) has used the alien's position of prominence
within any country to endorse or espouse terrorist
activity, or to persuade others to support terrorist
activity or a terrorist organization, in a way that
the Secretary of State has determined undermines
United States efforts to reduce or eliminate
terrorist activities, or
(VII) is the spouse or child of an alien who is
inadmissible under this section, if the activity
causing the alien to be found inadmissible occurred
within the last 5 years, is inadmissible. An alien
who is an officer, official, representative, or
spokesman of the Palestine Liberation Organization is
considered, for purposes of this Act, to be engaged
in a terrorist activity.

(ii) Exception. -- Subclause (VII) of clause (i) does not
apply to a spouse or child --

(I) who did not know or should not reasonably have
known of the activity causing the alien to be found
inadmissible under this section; or
(II ) whom the consular officer or Attorney General
has reasonable grounds to believe has renounced the
activity causing the alien to be found inadmissible
under this sect ion.

(iii) Terrorist activity defined. - As used in this Act,
the term "terrorist activity" means any activity which is
unlawful under the laws of the place where it is committed
(or which, if it had been committed in the United States,
would be unlawful under the laws of the United States or
any State) and which involves any of the following:

(I) The highjacking or sabotage of any conveyance
(including an aircraft, vessel, or vehicle).
(II) The seizing or detaining, and threatening to
kill, injure, or continue to detain, another
individual in order to compel a third person
(including a governmental organization) to do or
abstain from doing any act as an explicit or implicit
condition for the release of the individual seized or
detained.
(III) A violent attack upon an internationally
protected person (as defined in section 1116(b)(4) of
title 18, United States Code) or upon the liberty of
such a person.
(IV) An assassination.
(V) The use of any-
(a) biological agent, chemical agent, or nuclear
weapon or device, or
(b) 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.
(VI) A threat, attempt, or conspiracy to do any of
the foregoing.

(iv) Engage in terrorist activity defined. -- As used in
this chapter, the term `engage in terrorist activity'
means, in an individual capacity or as a member of an
organization --

(I) to commit or to incite to commit, under
circumstances indicating an intention to cause death
or serious bodily injury, a terrorist activity;
(II) to prepare or plan a terrorist activity;
(III) to gather information on potential targets for
terrorist activity;
(IV) to solicit funds or other things of value for--
(aa) a terrorist activity;
(bb) a terrorist organization described in clause
(vi)(I) or (vi)(II); or
(cc) a terrorist organization described in clause
(vi)(III), unless the solicitor can demonstrate that
he did not know, and should not reasonably have
known, that the solicitation would further the
organization's terrorist activity;
(V) to solicit any individual--
(aa) to engage in conduct otherwise described in this
clause;
(bb) for membership in a terrorist organization
described in clause (vi)(I) or (vi)(II); or
(cc) for membership in a terrorist organization
described in clause (vi)(III), unless the solicitor
can demonstrate that he did not know, and should not
reasonably have known, that the solicitation would
further the organization's terrorist activity; or
(VI) to commit an act that the actor knows, or
reasonably should know, affords material support,
including a safe house, transportation,
communications, funds, transfer of funds or other
material financial benefit, false documentation or
identification, weapons (including chemical,
biological, or radiological weapons), explosives, or
training --
(aa) for the commission of a terrorist activity;
(bb) to any individual who the actor knows, or
reasonably should know, has committed or plans to
commit a terrorist activity;
(cc) to a terrorist organization described in clause
(vi)(I) or (vi)(II); or
(dd) to a terrorist organization described in clause
(vi)(III), unless the actor can demonstrate that he
did not know, and should not reasonably have known,
that the act would further the organization's
terrorist activity.

This clause shall not apply to any material support the
alien afforded to an organization or individual that has
committed terrorist activity, if the Secretary of State,
after consultation with the Attorney General, or the
Attorney General, after consultation with the Secretary of
State, concludes in his sole unreviewable discretion, that
this clause should not apply.

(v) Representative defined. - As used in this paragraph,
the term "representative" includes an officer, official,
or spokesman of an organization, and any person who
directs, counsels, commands, or induces an organization or
its members to engage in a terrorist activity.

(vi) Terrorist organization defined. -- As used in clause
(i)(VI) and clause (iv), the term `terrorist organization'
means an organization --

(I) designated under section 219;
(II) otherwise designated, upon publication in the
Federal Register, by the Secretary of State in
consultation with or upon the request of the Attorney
General, as a terrorist organization, after finding
that the organization engages in the activities
described in subclause (I), (II), or (III) of clause
(iv), or that the organization provides material
support to further terrorist activity; or
(III) that is a group of two or more individuals,
whether organized or not, which engages in the
activities described in subclause (I), (II) , or
(III) of clause (iv).

. . .

(F) Association with terrorist organizations. -- Any alien
who the Secretary of State, after consultation with the
Attorney General, or the Attorney General, after
consultation with the Secretary of State, determines has
been associated with a terrorist organization and intends
while in the United States to engage solely, principally,
or incidentally in activities that could endanger the
welfare, safety, or security of the United States is
inadmissible.

3. Minimize considered.
POWELL