8 U.S.C. § 1189
The Secretary is authorized to designate an organization as a foreign terrorist organization in accordance with this subsection if the Secretary finds that-
Seven days before making a designation under this subsection, the Secretary shall, by classified communication, 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 of the House of Representatives and the Senate, in writing, of the intent to designate an organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor.
The Secretary shall publish the designation in the Federal Register seven days after providing the notification under clause (i).
Upon notification under paragraph (2)(A)(i), 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.
In making a designation under this subsection, the Secretary shall create an administrative record.
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).
A designation under this subsection shall be effective for all purposes until revoked under paragraph (5) or (6) or set aside pursuant to subsection (c).
The Secretary shall review the designation of a foreign terrorist organization under the procedures set forth in clauses (iii) and (iv) if the designated organization files a petition for revocation within the petition period described in clause (ii).
For purposes of clause (i)-
Any foreign terrorist organization that submits a petition for revocation under this subparagraph must provide evidence in that petition that the relevant circumstances described in paragraph (1) are sufficiently different from the circumstances that were the basis for the designation such that a revocation with respect to the organization is warranted.
Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Secretary shall make a determination as to such revocation.
The Secretary may consider classified information in making a determination in response to a petition for revocation. 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).
A determination made by the Secretary under this clause shall be published in the Federal Register.
Any revocation by the Secretary shall be made in accordance with paragraph (6).
If in a 5-year period no review has taken place under subparagraph (B), the Secretary shall review the designation of the foreign terrorist organization in order to determine whether such designation should be revoked pursuant to paragraph (6).
If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Secretary. The results of such review and the applicable procedures shall not be reviewable in any court.
The Secretary shall publish any determination made pursuant to this subparagraph in the Federal Register.
The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1).
The Secretary may revoke a designation made under paragraph (1) at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if the Secretary finds that-
The procedural requirements of paragraphs (2) and (3) shall apply to a revocation under this paragraph. 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 under paragraph (5) or (6) shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation.
If a designation under this subsection has become effective under paragraph (2)(B) a defendant in a criminal action or an alien in a removal proceeding 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.
The Secretary may amend a designation under this subsection if the Secretary finds that the organization has changed its name, adopted a new alias, dissolved and then reconstituted itself under a different name or names, or merged with another organization.
Amendments made to a designation in accordance with paragraph (1) shall be effective upon publication in the Federal Register. Subparagraphs (B) and (C) of subsection (a)(2) shall apply to an amended designation upon such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall also apply to an amended designation.
The administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments.
The Secretary may consider classified information in amending a designation in accordance with 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).
Not later than 30 days after publication in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the designated organization may seek judicial review in the United States Court of Appeals for the District of Columbia Circuit.
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, amended designation, or determination in response to a petition for revocation.
The Court shall hold unlawful and set aside a designation, amended designation, or determination in response to a petition for revocation the court finds to be-
The pendency of an action for judicial review of a designation, amended designation, or determination in response to a petition for revocation shall not affect the application of this section, unless the court issues a final order setting aside the designation, amended designation, or determination in response to a petition for revocation.
As used in this section-
1 So in original. The closing parenthesis probably should follow "section 1182(a)(3)(B) of this title".
2 So in original. The comma probably should be a semicolon.
8 U.S.C. § 1189
EDITORIAL NOTES
REFERENCES IN TEXTSection 1(a) of the Classified Information Procedures Act, referred to in subsec. (d)(1), is section 1(a) of Pub. L. 96-456 which is set out in the Appendix to Title 18, Crimes and Criminal Procedure.
CODIFICATION Another section 411(c) of Pub. L. 107-56 enacted provisions set out as an Effective Date of 2001 Amendment note under section 1182 of this title.
AMENDMENTS2004-Subsec. (a)(3)(B). Pub. L. 108-458, §7119(c)(1)(A), substituted "subsection (c)" for "subsection (b)".Subsec. (a)(4)(A). Pub. L. 108-458, §7119(a)(1), substituted "A designation" for "Subject to paragraphs (5) and (6), a designation" and "until revoked under paragraph (5) or (6) or set aside pursuant to subsection (c)" for "for a period of 2 years beginning on the effective date of the designation under paragraph (2)(B)".Subsec. (a)(4)(B). Pub. L. 108-458, §7119(a)(2), added subpar. (B) and struck out former subpar. (B) which contained provisions authorizing Secretary to 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 subpar. (A) or at the end of any 2-year redesignation period.Subsec. (a)(4)(C). Pub. L. 108-458, §7119(a)(3), added subpar. (C).Subsec. (a)(6)(A). Pub. L. 108-458, §7119(c)(1)(B)(i), substituted "at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4)" for "or a redesignation made under paragraph (4)(B)" in introductory provisions.Subsec. (a)(6)(A)(i). Pub. L. 108-458, §7119(c)(1)(B)(ii), struck out "or redesignation" after "the designation".Subsec. (a)(7). Pub. L. 108-458, §7119(c)(1)(C), struck out ", or the revocation of a redesignation under paragraph (6)," before "shall not affect".Subsec. (a)(8). Pub. L. 108-458, §7119(c)(1)(D), struck out ", or if a redesignation under this subsection has become effective under paragraph (4)(B)," before "a defendant in a criminal action" and "or redesignation" after "such designation". Subsec. (b). Pub. L. 108-458, §7119(b)(2), added subsec. (b). Former subsec. (b) redesignated (c).Subsec. (c). Pub. L. 108-458, §7119(b)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).Subsec. (c)(1). Pub. L. 108-458, §7119(c)(2)(A), substituted "in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the designated organization may seek judicial review" for "of the designation in the Federal Register, an organization designated as a foreign terrorist organization may seek judicial review of the designation".Subsec. (c)(2) to (4). Pub. L. 108-458, §7119(c)(2)(B)-(D), inserted ", amended designation, or determination in response to a petition for revocation" after "designation" wherever appearing.Subsec. (d). Pub. L. 108-458, §7119(b)(1), redesignated subsec. (c) as (d). 2001-Subsec. (a)(1)(B). Pub. L. 107-56, §411(c)(1), inserted "or terrorism (as defined in section 2656f(d)(2) of title 22), or retains the capability and intent to engage in terrorist activity or terrorism" after "section 1182(a)(3)(B) of this title".Subsec. (a)(1)(C). Pub. L. 107-56, §411(c)(2), inserted "or terrorism" after "the terrorist activity".Subsec. (a)(2)(A). Pub. L. 107-56, §411(c)(3), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "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."Subsec. (a)(2)(B)(i). Pub. L. 107-56, §411(c)(4), substituted "subparagraph (A)(ii)" for "subparagraph (A)". Subsec. (a)(2)(C). Pub. L. 107-56, §411(c)(5), substituted "paragraph (2)(A)(i)" for "paragraph (2)".Subsec. (a)(3)(B). Pub. L. 107-56, §411(c)(6), substituted "subsection (b)" for "subsection (c)".Subsec. (a)(4)(B). Pub. L. 107-56, §411(c)(7), inserted after first sentence "The Secretary also may redesignate such organization at the end of any 2-year redesignation period (but not sooner than 60 days prior to the termination of such period) for an additional 2-year period upon a finding that the relevant circumstances described in paragraph (1) still exist. Any redesignation shall be effective immediately following the end of the prior 2-year designation or redesignation period unless a different effective date is provided in such redesignation."Subsec. (a)(6)(A). Pub. L. 107-56, §411(c)(8)(A), inserted "or a redesignation made under paragraph (4)(B)" after "paragraph (1)" in introductory provisions. Subsec. (a)(6)(A)(i). Pub. L. 107-56, §411(c)(8)(B), inserted "or redesignation" after "basis for the designation" and struck out "of the designation" before semicolon.Subsec. (a)(6)(A)(ii). Pub. L. 107-56, §411(c)(8)(C), struck out "of the designation" before period at end.Subsec. (a)(6)(B). Pub. L. 107-56, §411(c)(9), substituted "and (3)" for "through (4)" and inserted "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." at end. Subsec. (a)(7). Pub. L. 107-56, §411(c)(10), inserted ", or the revocation of a redesignation under paragraph (6)," after "paragraph (5) or (6)".Subsec. (a)(8). Pub. L. 107-56, §411(c)(11), substituted "paragraph (2)(B), or if a redesignation under this subsection has become effective under paragraph (4)(B)" for "paragraph (1)(B)" and inserted "or an alien in a removal proceeding" after "criminal action" and "or redesignation" before "as a defense".1996- Pub. L. 104-208, §671(c)(1), made technical amendment to section catchline.Subsec. (b)(3)(D), (E). Pub. L. 104-208, §356, added subpars. (D) and (E).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107-56 effective Oct. 26, 2001, and applicable to actions taken by an alien before, on, or after Oct. 26, 2001, and to all aliens, regardless of date of entry or attempted entry into the United States, in removal proceedings on or after such date (except for proceedings in which there has been a final administrative decision before such date) or seeking admission to the United States on or after such date, with special rules and exceptions, see section 411(c) of Pub. L. 107-56 set out as a note under section 1182 of this title.
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. Pub. L. 104-208, div. C, title VI, §671(c)(7), Sept. 30, 1996, 110 Stat. 3009-723, 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 [AEDPA, Pub. L. 104-132]."
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
SAVINGS PROVISION Pub. L. 108-458, title VII, §7119(d), Dec. 17, 2004, 118 Stat. 3803, provided that: "For purposes of applying section 219 of the Immigration and Nationality Act [ 8 U.S.C. 1189 ] on or after the date of enactment of this Act [Dec. 17, 2004], the term 'designation', as used in that section, includes all redesignations made pursuant to section 219(a)(4)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a)(4)(B) ) prior to the date of enactment of this Act, and such redesignations shall continue to be effective until revoked as provided in paragraph (5) or (6) of section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) )."
- Attorney General
- The term "Attorney General" means the Attorney General of the United States.
- Service
- The term "Service" means the Immigration and Naturalization Service of the Department of Justice.
- State
- The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
- alien
- The term "alien" means any person not a citizen or national of the United States.
- national
- The term "national" means a person owing permanent allegiance to a state.
- naturalization
- The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
- organization
- The term "organization" means, but is not limited to, an organization, corporation, company, partnership, association, trust, foundation or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together with joint action on any subject or subjects.
- substantial
- The term "substantial" means, for purposes of paragraph (15)(E) with reference to trade or capital, such an amount of trade or capital as is established by the Secretary of State, after consultation with appropriate agencies of Government.
- admission
- The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.