DOS Cable on Exclusion of Members of Terrorist Organizations
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS IMMEDIATE
SPECIAL EMBASSY PROGRAM
SARAJEVO POUCH
BUJUMBURA POUCH
Unclas State 191813
Visas - Inform Consuls
E.O. 12958: N/A
Tags: CVIS, PTER, KVPR
Subject: Implementation of Exclusion of Representatives and Members of Designated Foreign Terrorist Organizations
Ref: A) State 189397 B) State 6166 C) 96 State 134202
1. This is an action message.
2. Summary and Introduction: This message instructs posts to begin implementing amendments to Section 212(a)(3)(B) of the Immigration and Nationality Act, which makes certain members and all representatives of foreign terrorist organizations designated by the Secretary of State pursuant to section 219 of the INA ineligible for visas. (These instructions are in addition to, and are not to replace, standing instructions on processing visa ineligibilities under Section 212(a)(3)(B). The names and aliases of designated foreign terrorist organizations have been published in the Federal Register on October 8, 1997, and are given below in paragraph B. Instructions for delivery to foreign government were contained in Ref A. General instructions to posts for implementing this section are also included. End summary and introduction.
3. Action: Posts should begin immediately to implement Section 212(a)(3)(B)(i)(iv) and (v) of the INA, which makes inadmissible all representatives and certain members of terrorist organizations designated pursuant to INA Section 219. These provisions apply to all visa categories, including A and G, as well as refugees and visas 92/93 beneficiaries.
4. Designated Organizations: Effective immediately the names and aliases of designated foreign terrorist organizations in paragraph 8 should be posted in consular section waiting areas. It is important that this information be broadly disseminated as many of the applications will be processed by drop box and other methods not necessarily subject to interview. Particular attention should be drawn to those terrorist organizations that are likely to recruit members from the local population.
A. NIV Applicants: Form OF-156 will be revised to incorporate a question about membership. In the interim, Posts should allow applicants to complete an addendum to the NIV application form, which can be a rubber stamp on the form itself. The addendum should ask "are you a member or representative of a terrorist organization?" Posts may accept OF-1565 without this question until November 15th. After that date we would expect that entities using drop box and referral systems would begin using forms with the addendum. If this works a hardship at post, please notify CA/VO/F/P. In the visa interview, consular officers shall routinely question all applicants for whom post has information indicating membership or a position as a representative. Post should submit to the Department for review all applicants who are listed in class under Code 00 or are believed to be members or representatives based on other sources of information, regardless of whether the applicant acknowledges either status. Post should also submit the names of all applicants who voluntarily admit membership or a position as a representative. See SAO procedures outlined in paragraph 7 below.
B. IV, K visas, Visas 92, Visas 93, and Parole Cases: Form OF-230 and information forms provided to applicants in advance of the interview will be revised to address the membership/representative question. Consular officers shall routinely question all applicants for whom post has information indicating membership or a position as a representative. Consular officers must question applicants who appear to be otherwise eligible for a visa or insure that applicants have answered the question "Are you a member or representative of a terrorist organization?" on a post generated addendum to Form OF-230. This addendum may be a rubber stamp. Posts should submit for Department review all cases of applicants who are listed in class under Code 00 or are believed to be members or representatives based on other sources of information, regardless of whether the applicant acknowledges membership or a representative position. Post should also submit all applicants who voluntarily admit to either membership or a representative status. See SAO procedures in paragraph 7 below.
5. Representatives of Designated Organizations: Under subsection (iv) of section 212(a)(3)(B)(i), any person who is a representative of a foreign terrorist organization, as designated by the Secretary, is ineligible for a visa. A representative is defined in subsection 212(a)(3)(B)(iv) as "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 terrorist activity."
6. Members of Designated Foreign Terrorist Organization: Under subsection (v) of section 212(a)(3)(B)(i), any person who is a member of a foreign terrorist organization, as designated by the Secretary, which the alien knows or should have known is a terrorist organization, is inadmissible. The statute does not define "member."
A. A person may be found inadmissible based on membership in a terrorist organization without a finding of actual participation in terrorist activities. In some cases, membership will be clear because of information that the individual took an oath or performed some act that is a prerequisite of membership. A terrorist organization may or may not have such membership requirements, however, and in any event the Department does not consider that compliance with such requirements is a prerequisite to a finding of membership. The Department instead believes that membership should be determined in light of all relevant facts known to the Department and post.
B. Facts relevant to a determination of membership would include, but are not limited to, the following:
- Acknowledgement of membership by the organization, by other members, or by the applicant.
- Actively working to further the organization’s aims and methods in a way suggesting close affiliation constituting membership, e.g., proposing legislation.
- Occupying a position of trust in the organization, past or present.
- Receiving financial support from the organization, e.g., scholarships, pensions, salary.
- Contributing money to the organization.
- Determination of membership by a competent court.
- Frequent association with other members.
- Participation in the organization’s activities, even if lawful.
- Voluntarily displaying symbols of the organization.
- Receiving honors and awards given by the organization.
These factors will have to be considered in their entirety, and may or may not be sufficient in isolation to support a finding of membership. For example, while contributing money to an organization does not in itself always indicate membership, it may so indicate in certain situations.
C. The law is written in the present tense, requiring that a person be a member of a terrorist organization at the time of application to be inadmissible. Since only current, not past, membership is a basis for exclusion, these factors will also have to be assessed to determine whether they reasonably indicate that membership is current. Generally, if the consular officer can conclude that the alien was a member in the past, current membership can be inferred unless the visa applicant can establish that he or she is no longer a member. Terrorist organizations vary in their practices. Some allow members to leave the organization, other do not. The organization’s practices will in part determine if membership, once established, can be terminated. Termination of membership will usually be shown by changes in the person’s attitude, actions, associations, and activities over time. A single event, such as a self serving resignation, would not usually establish that an applicant’s membership has ended. (The Department may in some cases be able to develop information about membership practices of a particular group.)
D. Knows or Should Have Know Requirement. A member or representative of a terrorist organization is inadmissible if he or she knows or should have known that the organization is a terrorist organization. There are at least three bases on which this requirement could be met. First, facts particular to the individual, such as his/her residence, profession, or education, may permit a conclusion that the applicant knows or should have known that the organization is a terrorist organization. Secondly, publication in the Federal Register is ordinarily considered public notice for U.S. legal purposes, and may in fact come to the applicant’s attention. Finally, presentation of the names and aliases of designated foreign terrorist organizations to applicants at post will put them on clear notice that these are terrorist organizations for U.S. immigration purposes. Consular officers are asked to develop all relevant bases of knowledge and to inform the Department which applies to the case.
7. As with all potential 3B cases, posts shall initially deny the application under 221(g) of the Act and request the Department’s security advisory opinion, slugging the cables for CA/VO/L/C. SAOs should include the information on affiliation developed in the interview or otherwise available to post. (If the consular officer develops any information about membership, including whether previous membership has been meaningfully terminated, the case should be referred to the Department.) In their SAO requests, posts should be sure to include the following information:
? Approximate dates of applicant’s affiliation with the terrorist organization.
? Level and type of affiliation with the organization. Post should report what specific actions the applicant has taken in support of the goals and policies of the organization. If he/she has held official positions or falls within the INA’s definition of representative.
? Reliability of information indicating that the applicant is affiliated with the organization and what data exists to positively identify the applicant.
? The bases for inferring that the applicant knows or should have known the organization is a terrorist organization.
? Does the post recommend a waiver of ineligibility?
8. Designated Terrorist Organization: The Secretary has designated the following foreign terrorist organizations for purposes of implementation of Section 212(a)(3)(B)(i)(iv) and (v) of the Immigration and Nationality Act:
ABU Nidal Organization
Also known as the ANO, also known as Black September, Also known as Fatah Revolutionary Council, Also known as the Arab Revolutionary Council, also know as the Arab Revolutionary Brigade also known as the Revolutionary Organization of Socialist Muslims
ABU Sayyaf Group
Also known as Al Harakat Al Islamiyya
Armed Islamic Group
Also known as GIA, also know as Groupement Islamique Arme, also known as AIG, also known as Al-Jama’ah Al-Islamiyanal - Musallah
AUM Shinrikyo
Also known as AUM Supreme Truth, also known as A. I.C. Sogo Kenkyusho, also know as A.I.C. Comprehensive Research Institute
Democratic Front for the Liberation of Palestine-Hawatmeh Faction
Also known as the Democratic Front for the Liberation of Palestine, also known as the DFLP, also known as the Red Star Forces, also known as the Red Star Battalions
Euzkadi Ta Askatasuna
Also known as Basque Fatherland and Liberty, also known as ETA
Gamaza Al - Islamiyya
Also known as the Islamic Group, also known as IG, also known as Al-Gama’at, also known as Islamic Gama’at, also known as Egyptian Al-Gamaat Al- Islamiyya
Hamas
Also known as the Islamic Resistance Movement, also known as Harakat Al-Mugawama Al-Islamiya, also known as students of Ayyash, also known as Students of the Engineer, also known as Yahya Ayyash Units, also known as IZZ Al-Din Al-Qassim Brigades, also known as IZZ Al-Din Al-Qassim Forces, also known as IZZ al- Din Al-Qassim Battalions.
Harakat Ul-Ansar
Also known as HUA, also known as Al-Hadid, also known as Al- Hadith, also known as Al-Faran
Hi-Zballah
Also known as Party of God, also known as Islamic Jihad, also known as Islamic Jihad Organization, also known as Revolutionary Justice Organization, also known as Organization of the Oppressed on Earth, also known as Islamic Jihad for the Liberation of Palestine, also known as Organization of Right Against Wrong, also known as Ansar Allah, also known as Followers of the Phophet Muaaamad
Japanese Red Army
Also known as Nippon Sekigun, also known as Nihon Sekigun, also known as the Anti-Imperialist International Brigade, also known as the Holy War Brigade, also known as the Anti-War Democratic Front, also known as the JRA, also known as the AIIB
Al-Jihad
Also known as Egyptian Al-Jihad, also known as Vanguards of Conquest, also known as Vanguards of Victory, also known as Tala’al-Fath, also known as Tala’al-Fatan, also known asTala’al Al-Fateh, also known as Tala’ Al-tateh, also known as Talaah Al- Fatar, also known as Tala’al-Fateh, also known as New Jihad, also known as Egyptian Islamic Jihad, also known as Jihad Group
Kach
Also known as the Repression of Traitors, also known as Dikuy Bogdim, also known as DOV, also known as the State of Judea, also known as the Committee for the Safety of the Roads, also known as the Sword of David, also known as Judea Police
Kahane Chal
Also known as Kahane Lives, also known as the Kfar Tapuah Fund, also known as the Judean Voice
Khmer Rouge
Also known as the Party of Democratic Kampuchea, also known as the National Army of Democratic Kampuchea
Kurdistan Workers’ Party
Also known as the PKK, also known as the Partiya Karkeran Kurbistan
Liberation Tigers of Tamil Eelam
Also known as Lite, also known as Tamil Tigers, also known as Ellalan Force
Manuel Rodriguez Patriotic Front Dissidents
Also known as the FPMR/D, also known as the Frente Patriotico Manuel Rodriguez - Autonomos, also known as the FPMR/A also known as the Manuel Rodriguez Patriotic Fronti also known as the Frente Patriotico Manuel Rodriguez, also known as the FPMR
Mujahedin-E Khalq Organization
Also known as MEK, also known as MKO, also known as Mujahedin-E Khalq, also known as People’s Mujahedin Organization of Iran, also known as PMOI, also known as Organization of the People’s Holy Warriors of Iran, also known as Sazeman-E Mujahedin-E Khalq- E Iran
National Liberation Army
Also known as the ELN, also known as the Ejercito de Liberacion Nacional
Palestine Islamic Jihad-Shaqaqi Faction
Also known as PIJ-Shaqaqi Faction, also known as PIJ, also known as Islamic Jihad in Palestine, also known as Islamic Jihad of Palestine, also known as Abu Ghunayn Squad of the Hizballah Bayt Al-Maqdis
2
Also known as the Palestine Liberation Front, also known as the PLF, also known as the PLF-Abu Abbas
Popular Front for the Liberation of Palestine
Also known as the PFLP, also known as the Red Eagles, also known as the Red Eagle Group, also known as the Red Eagle Gang, also known as the Halnul Gang, also known as the Hadnul Squad
Popular Front for the Liberation of Palestine-General Command
Also known as PFLP-GC
Revolutionary Armed Forces of Colombia
Also known as FARC, also known as Fuerzas Armadas Revolucionarias de Colombia
Revolutionary Organization 17 November
Also known as 17 November, also known as Epanastatiki Organosi 17 Noemuri
Revolutionary People’s Liberation Party/Front
Also known as Devrimci Halk Kurtulus Partisi-Cephesi, also known as the DHKP/C, also known as Devrimci Sol, as known as Revolutionary Left, also known as Dev Sol, also known as Dev Sol Silari Devrimci Birlikleri, also known as Dev Sol Sob, also known as Dev Sol Armed Revolutionary Units
Revolutionary People’s Struggle
Also known as Epanastatikos Laikos Agonas, also known as ELA, also known as Revolutionary Popular Struggle, also known as Popular Revolutionary Struggle
Shining Path
Also known in Spanish as Sendero Luminoso, also known as SL, also known as the Partido Comunista Del Peru En El Sendero Luminoso de Jose Carlos Mariategul (Communist Party of Peru on the Shining Path of Jose Carlos Mariategul), also known as Partido Comunista Del Peru (Communist Party of Peru), also known as PCP, also known as Socorro Popular Del Peru (People’s Aid of Peru), also known as SPP, also known as Ejercito Guerrillero Popular (People’s Guerrilla Army), also known as EGP, also known as Ejercito Popular de Liberacion (People’s Liberation Army), also known as EPL.
Tupac Aaaru Revolutionary Movement
Also known as the Movimiento Revolucionarlo Tupac Aaaru, also known as the MRTA
9. The Department, in consultation with other agencies, is entering names of suspected members or representatives of the terrorist organizations above into the lookout system under the "00" code, which requires posts to submit a request for a security advisory opinion to the Department in the visas Donkey/Bear format in the event they apply for visas.
10. If posts receive, information regarding an individual who may be excludable under 212(a)(3)(B)(i)(iv) or (v) of the Immigration and Nationality Act, but is not now a visa applicant, they should submit a visas viper cable for evaluation and possible inclusion in class and ibis, following the guidance contained in Ref C.
11. The Department reminds all posts that the designation of a group as a terrorist organization is relevant, for visa purposes, only to the question whether a member or representative of the organization is excludable based on the status alone, without regard to personal participation in terrorist acts. Persons affiliated with non-designated terrorist organizations remain excludable if they have engaged in terrorist activities, and members of any such non-designated organizations remain excludable if there is a basis for inferring from the fact of membership or status as a representative that the applicant engaged in terrorist activity within the meaning of the INA, for example, in 9 FAM 40.32 N6.2.
12. The Department appreciates posts cooperation in identifying members and representatives of terrorist groups for inclusion in the lookout system and their input in providing information for possible ineligibility under the anti terrorist provisions of the INA.
13. Department is assessing the workload implications of implementing these instructions and will advise Septel.
14. Minimize considered.
Madeleine Albright