US State Department: activity, not intent, defines Foreign Terror Organization
The US State Department’s Bureau of Counterterrorism (‘CT’), responsible for identifying entities for designation as a Foreign Terrorist Organization (‘FTO’), is obligated to demonstrate that the entity in question engages in terrorism or terrorist activity, as defined in the Immigration and Nationality Act (‘INA’) or the Foreign Relations Authorization Act (‘FRAA’), the Congressional Research Service (‘CRS’) explained in a 1 September updated report describing the process.
‘Terrorist activity, as found in the INA, specifically focuses on many types of violent activities or terrorist support efforts that could affect U.S. security interests,’ the CRS report said.
‘This definition does not address the motivations or goals of the perpetrators of the attack. However, the second aspect of these criteria for FTO designation, “terrorism,” as provided in the FRAA, approaches the issue from the motivations of the aggressor and the targets of the violent activity. The FRAA defines terrorism as “premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents,”’ it said.
Before a designation, ‘the Secretary of State must demonstrate that the entity of concern has met the three criteria to allow the Department to designate it as an FTO,’ the report added. The suspected terrorist group must: ‘be a foreign organization; engage in or retain the capability and intent to engage in terrorism; and threaten the security of U.S. nationals or the national defense, foreign relations, or the economic interests of the United States.’
