O 030125Z NOV 01
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS IMMEDIATE
SPECIAL EMBASSY PROGRAM IMMEDIATE
AMEMBASSY BELGRADE IMMEDIATE
AMEMBASSY DUSHANBE IMMEDIATE
AMEMBASSY NDJAMENA IMMEDIATE
AMCONSUL PESHAWAR IMMEDIATE
AMCONSUL LAHORE IMMEDIATE
AMEMBASSY JAKARTA IMMEDIATE
AMCONSUL SURABAYA IMMEDIATE
UNCLAS STATE 191952
E.O. 12958: N/A
TAGS: CVIS, CMGT
SUBJECT: Visa Provisions in USA-PATRIOT Act Series: No. 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 Department's 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
(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.