1. What are the different types of terrorism designations for groups and individuals?
There are two main authorities for terrorism designations of groups and individuals. Groups can be designated as Foreign Terrorist Organizations under the Immigration and Nationality Act. Under Executive Order 13224, a wider range of entities, including terrorist groups, individuals acting as part of a terrorist organization, and other entities such as financiers and front companies, can be designated as Specially Designated Global Terrorists (SDGTs).
2. What is the difference between an FTO and E.O. 13224 designation?
There are several differences between these two designation authorities. For example, with regard to the consequences of a designation, while both the FTO and E.O. 13224 designations trigger an asset freeze, only the FTO designation imposes immigration restrictions upon members of the organization and prohibits the knowing provision of material support or resources to the designated organization. Another difference is that only E.O. 13224 designations provide the Department of the Treasury the derivative authority to designate additional individuals or entities providing support to already designated organizations.
3. What are the consequences of FTO and E.O. 13224 designations?
Foreign Terrorist Organization:
4. Who can designate FTOs and SDGTs?
The Department of State is authorized to designate FTOs and SDGTs, while the Department of the Treasury has the authority to designate only SDGTs. Both departments pursue these designations in cooperation with the Department of Justice.
All of the Department of State’s designations can be found at: http://www.state.gov/j/ct/list/index.htm. Additionally, all State Department FTO and EO designations can also be found on the Treasury Department’s OFAC website.
5. What are the criteria for designation?
The Secretary of State designates Foreign Terrorist Organizations in accordance with section 219 of the Immigration and Nationality Act. The legal criteria for designating a group as a Foreign Terrorist Organization are:
Under Executive Order 13224, the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General, may designate foreign individuals or entities that he determines have committed, or pose a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States; or, the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, may designate individuals or entities that are determined:
6. What makes you decide to designate or not designate a group or entity?
Within the Department of State, the Bureau of Counterterrorism, in consultation with other bureaus, identifies and evaluates possible individuals or organizations for designation. Other Departments also recommend designation targets.
7. How does the process work?
For Foreign Terrorist Organizations, once an organization is identified, we prepare a detailed "administrative record," which is a compilation of information, typically including both classified and open source information, demonstrating that the statutory criteria for designation have been satisfied.
For Specially Designated Global Terrorists, as with FTO designations, an “administrative record” is prepared. Once it is completed and the Secretary of State or the Secretary of the Treasury designates an individual or entity, OFAC takes appropriate action to block the assets of the individual or entity in the United States or in the possession or control of U.S. persons, including notification of the blocking order to U.S. financial institutions, directing them to block the assets of the designated individual or entity.