U.S. Policy on Terrorism.
U.S.-Israel Formal Agreements:
Counterterrorism Cooperation Accord
(April 30, 1996)
Counterterrorism Cooperation Accord Between the Government of the State of Israel and the Government of the United States of America
The Government of the State of Israel and the Government of the United States of America (“the Parties”):
Unequivocally condemning all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomever committed and whatever the motivation, in particular the recent heinous acts perpetrated against civilians in-Israel;
Recalling the declaration of the participants in the historic Middle East Summit of the Peacemakers on March 13, 1996 that acts of terror are “alien to the moral and spiritual values shared by the peoples of the region” and urging all governments to join in condemning and opposing such acts;
Convinced that the suppression of acts of international terrorism, including those in which States are directly or indirectly involved, is an essential element for the maintenance of international peace and security;
Calling upon all states to renounce terrorism and to deny financial support, the use of their territory, the provision of arms and equipment, or any other means of support to terrorist organizations;
Convinced that those responsible for acts of international terrorism must be brought to justice through prosecution, extradition, or other legal mechanisms;
Sharing the view that international cooperation is an essential factor in halting the scourge of international terrorism and that states that support terrorism should be subject to sanctions;
Recalling their long-standing and fruitful cooperation on this and other topics of mutual security concern;
Resolved to strengthen their own cooperation in combatting international terrorism and in encouraging and assisting other states to join in this effort;
Have agreed as follows:
Spheres of Cooperation
1. With a view to enhancing their capabilities to deter, prevent, respond to and investigate international terrorist acts or threats of international terrorist acts against Israel or the United States, and to enlist the cooperation of others in combatting international terrorism, the Parties agree to share expertise and otherwise assist each other in the following spheres, among others:
1) sharing of information and analyses regarding terrorists and terrorist organizations;
3) exchange of experts;
4) exchange of experience in dealing with terrorist incidents, including crisis management;
5) exchange of information regarding terrorism-related investigations;
6) exchange of information on transfers of funds to organizations involved in international terrorism;
7) extradition, prosecution and other legal mechanisms;
8) research and development;
9) consulting closely on counterterrorism policy, including regional and global counterterrorism initiatives; and
10) enhancing the counterterrorism capabilities of others.
2. This agreement is intended to supplement existing agreements and arrangements between the Parties to address international terrorism. Nothing in this agreement shall be construed as derogating from the provisions of such agreements or arrangements.
Establishment of Joint Counterterrorism Group
1. In order to strengthen further their cooperation on counterterrorism the Parties hereby establish the Israel-United States Joint Counterterrorism Group (JCG). The JCG will serve as a forum for regular consultations and development and facilitation of programs of counterterrorism cooperation in the spheres listed in Article 1-as well as on other mutually agreed counterterrorism topics.
2. The JCG will be composed of representatives from each Party, including as appropriate representatives from the various relevant agencies and departments of each Party that, work on counterterrorism issues. The JCG will be co-chaired by senior counterterrorism officials of each Party.
3. The JCG will normally meet annually, alternately in Israel and the United States. In addition, special meetings of the JCG may be held to deal with particular issues or at the request of either Party. At the request of the JCG, experts of the Parties may meet and be in direct communication at any other time to assist in fulfilling the purposes of this agreement.
4. The JCG may from time to time enter into written understandings or implementing arrangements setting forth specific activities to be conducted under this agreement.
5. Between meetings of-the JCG, participants will maintain contacts with their counterparts as required to carry out the purposes of this agreement.
Security of Information
To the extent that any items, plans, specifications or information furnished in connection with the implementation of this agreement are classified by either Party for security purposes, the General Security of Information Agreement dated 10 December 1982-between the Parties and that Agreement’s Industrial Security Annex, dated 3 March 1983, shall apply, unless the Parties agree upon alternative arrangements for protecting the material from unauthorized disclosures.
All undertakings of the Parties under this agreement are to be carried out in accordance with their national laws, obligations and policies, and are subject to the availability of appropriated funds, resources and personnel.
Interpretation and Amendment
1. All questions or disputes related to the interpretation or implementation of this agreement shall be settled exclusively rough the diplomatic channel to the mutual satisfaction of e Parties.
2. Either Party may, at any time, request revision of this agreement by giving the other Party written notice. Each Party should be prepared to discuss the proposal within 90 days thereafter.
Entry into Force and Duration
This agreement will enter into force on the date of the second of the diplomatic notes by which the two Parties notify each her of the completion of any necessary internal procedures for entry into force of the agreement. It will remain in force til 6 months after either Party provides written notice to e other through the diplomatic channel of its intention to terminate the agreement.
DONE at Washington, D.C., in duplicate, in Hebrew and English, both texts being equally authentic, this 30th day of April, 96, corresponding to the 11th day of Iyar, 5756.
FOR THE GOVERNMENT OF THE STATE OF ISRAEL:
Congress & the Middle East:
Senate Resolution Expressing Solidarity with Israel in Fight Against Terrorism.
(December 5, 2001)
S. CON. RES. 88
Expressing solidarity with Israel in the fight against terrorism.
Whereas 26 innocent people in Israel were murdered in cold blood and at least 175 wounded by Palestinian terrorists, all within 14 hours, during the weekend of December 1-2, 2001;
Whereas these deaths are the equivalent, on a basis proportional to the United States population, of 1,200 American deaths and 8,000 wounded;
Whereas the President’s Middle East envoy General Anthony C. Zinni has labeled the terrorism of this past weekend `the deepest evil one can imagine’;
Whereas this bloody weekend is part of an ongoing terror campaign often targeted at youth and families and perpetrated by Islamic fundamentalist groups Hamas and Palestinian Islamic Jihad and by some elements of Palestinian Authority Chairman Yasser Arafat’s Fatah movement;
Whereas President Bush declared at a joint session of Congress on September 20, 2001, that `[e]very nation, in every region, now has a decision to make. Either you are with us, or you are with the terrorists. From this day forward, any nation that continues to harbor or support terrorism will be regarded by the United States as a hostile regime’;
and Whereas President Bush declared on December 2, 2001, that `Chairman Arafat must do everything in his power to find those who murdered innocent Israelis and bring them to justice’: Now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That Congress
(1) condemns the vicious terrorist murders of 26 innocent people in Israel within 14 hours during December 1-2, 2001, and extends its deepest sympathies to the State of Israel and to the families of the victims;
(2) expresses outrage at the ongoing Palestinian terrorist campaign and insists that the Palestinian Authority take all steps necessary to end it;
(3) demands specifically that the Palestinian Authority take action immediately to
(A) destroy the infrastructure of Palestinian terrorist groups;
(B) pursue and arrest terrorists whose incarceration has been called for by the Government of Israel; and
(i) prosecute such terrorists, provide convicted terrorists with the stiffest possible punishment, and ensure that those convicted remain in custody for the full duration of their sentences; or
(ii) render all arrested terrorists to the Government of Israel for prosecution;
(4) urges the President to suspend all relations with Yasser Arafat and the Palestinian Authority, if Yasser Arafat and the Palestinian Authority fail to take the actions described in paragraphs (2) and (3);
(5) further urges the President to insist that all countries harboring, materially supporting, or acquiescing in the private support of Palestinian terrorist groups should end such support, dismantle the infrastructure of such groups, and bring all terrorists within their borders to justice; and
(6) expresses the solidarity of the United States with Israel in our common struggle against the scourge of terrorism.
George W. Bush Administration:
Executive Order on Terrorist Financing.
(September 24, 2001)
Blocking Property and Prohibiting Transactions With
Persons Who Commit, Threaten to Commit, or Support Terrorism
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the United Nations Participation Act of 1945, as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States Code, and in view of United Nations Security Council Resolution (UNSCR) 1214 of December 8, 1998, UNSCR 1267 of October 15, 1999, UNSCR 1333 of December 19, 2000, and the multilateral sanctions contained therein, and UNSCR 1363 of July 30, 2001, establishing a mechanism to monitor the implementation of UNSCR 1333,
I, GEORGE W. BUSH, President of the United States of America, find that grave acts of terrorism and threats of terrorism committed by foreign terrorists, including the terrorist attacks in New York, Pennsylvania, and the Pentagon committed on September 11, 2001, acts recognized and condemned in UNSCR 1368 of September 12, 2001, and UNSCR 1269 of October 19, 1999, and the continuing and immediate threat of further attacks on United States nationals or the United States constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and in furtherance of my proclamation of September 14, 2001, Declaration of National Emergency by Reason of Certain Terrorist Attacks, hereby declare a national emergency to deal with that threat. I also find that because of the pervasiveness and expansiveness of the financial foundation of foreign terrorists, financial sanctions may be appropriate for those foreign persons that support or otherwise associate with these foreign terrorists. I also find that a need exists for further consultation and cooperation with, and sharing of information by, United States and foreign financial institutions as an additional tool to enable the United States to combat the financing of terrorism.
I hereby order:
Section 1. Except to the extent required by section 203(b) of IEEPA (50 U.S.C. 1702(b)), or provided in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order, all property and interests in property of the following persons that are in the United States or that hereafter come within the United States, or that hereafter come within the possession or control of United States persons are blocked:
(a) foreign persons listed in the Annex to this order;
(b) foreign persons determined by the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General, to have committed, or to 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;
(c) persons determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, to be owned or controlled by, or to act for or on behalf of those persons listed in the Annex to this order or those persons determined to be subject to subsection 1(b), 1(c), or 1(d)(i) of this order;
(d) except as provided in section 5 of this order and after such consultation, if any, with foreign authorities as the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General, deems appropriate in the exercise of his discretion, persons determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General;
(i) to assist in, sponsor, or provide financial, material, or technological support for, or financial or other services to or in support of, such acts of terrorism or those persons listed in the Annex to this order or determined to be subject to this order; or
(ii) to be otherwise associated with those persons listed in the Annex to this order or those persons determined to be subject to subsection 1(b), 1(c), or 1(d)(i) of this order.
Sec. 2. Except to the extent required by section 203(b) of IEEPA (50 U.S.C. 1702(b)), or provided in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date:
(a) any transaction or dealing by United States persons or within the United States in property or interests in property blocked pursuant to this order is prohibited, including but not limited to the making or receiving of any contribution of funds, goods, or services to or for the benefit of those persons listed in the Annex to this order or determined to be subject to this order;
(b) any transaction by any United States person or within the United States that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in this order is prohibited; and
(c) any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited.
Sec. 3. For purposes of this order:
(a) the term “person” means an individual or entity;
(b) the term “entity” means a partnership, association, corporation, or other organization, group, or subgroup;
(c) the term “United States person” means any United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States; and
(d) the term “terrorism” means an activity that —
(i) involves a violent act or an act dangerous to human life, property, or infrastructure; and
(ii) appears to be intended —
(A) to intimidate or coerce a civilian population;
(B) to influence the policy of a government by intimidation or coercion; or
(C) to affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking.
Sec. 4. I hereby determine that the making of donations of the type specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by United States persons to persons determined to be subject to this order would seriously impair my ability to deal with the national emergency declared in this order, and would endanger Armed Forces of the United States that are in a situation where imminent involvement in hostilities is clearly indicated by the circumstances, and hereby prohibit such donations as provided by section 1 of this order. Furthermore, I hereby determine that the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX, Public Law 106-387) shall not affect the imposition or the continuation of the imposition of any unilateral agricultural sanction or unilateral medical sanction on any person determined to be subject to this order because imminent involvement of the Armed Forces of the United States in hostilities is clearly indicated by the circumstances.
Sec. 5. With respect to those persons designated pursuant to subsection 1(d) of this order, the Secretary of the Treasury, in the exercise of his discretion and in consultation with the Secretary of State and the Attorney General, may take such other actions than the complete blocking of property or interests in property as the President is authorized to take under IEEPA and UNPA if the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, deems such other actions to be consistent with the national interests of the United States, considering such factors as he deems appropriate.
Sec. 6. The Secretary of State, the Secretary of the Treasury, and other appropriate agencies shall make all relevant efforts to cooperate and coordinate with other countries, including through technical assistance, as well as bilateral and multilateral agreements and arrangements, to achieve the objectives of this order, including the prevention and suppression of acts of terrorism, the denial of financing and financial services to terrorists and terrorist organizations, and the sharing of intelligence about funding activities in support of terrorism.
Sec. 7. The Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA and UNPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order.
Sec. 8. Nothing in this order is intended to affect the continued effectiveness of any rules, regulations, orders, licenses, or other forms of administrative action issued, taken, or continued in effect heretofore or hereafter under 31 C.F.R. chapter V, except as expressly terminated, modified, or suspended by or pursuant to this order.
Sec. 9. Nothing contained in this order is intended to create, nor does it create, any right, benefit, or privilege, substantive or procedural, enforceable at law by a party against the United States, its agencies, officers, employees or any other person.
Sec. 10. For those persons listed in the Annex to this order or determined to be subject to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render these measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to this order.
Sec. 11. (a) This order is effective at 12:01 a.m. eastern daylight time on September 24, 2001.
(b) This order shall be transmitted to the Congress and published in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE
September 23, 2001.
Al Qaida/Islamic Army
Abu Sayyaf Group
Armed Islamic Group (GIA)
Harakat ul-Mujahidin (HUM)
Al-Jihad (Egyptian Islamic Jihad)
Islamic Movement of Uzbekistan (IMU)
Salafist Group for Call and Combat (GSPC)
Libyan Islamic Fighting Group
Al-Itihaad al-Islamiya (AIAI)
Islamic Army of Aden
Usama bin Laden
Muhammad Atif (aka, Subhi Abu Sitta,
Abu Hafs Al Masri)
Shaykh Sai’id (aka, Mustafa Muhammad Ahmad)
Abu Hafs the Mauritanian (aka, Mahfouz Ould al-Walid, Khalid Al- Shanqiti)
Ibn Al-Shaykh al-Libi
Abu Zubaydah (aka, Zayn al-Abidin Muhammad Husayn, Tariq)
Abd al-Hadi al-Iraqi (aka, Abu Abdallah)
Thirwat Salah Shihata
Tariq Anwar al-Sayyid Ahmad (aka, Fathi, Amr al-Fatih)
Muhammad Salah (aka, Nasr Fahmi Nasr Hasanayn)
Makhtab Al-Khidamat/Al Kifah
Wafa Humanitarian Organization
Al Rashid Trust.