22 U.S.C. § 2656f — Annual country reports on terrorism

Page 1095 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656f 1 See References in Text note below. 2 So in original. Probably should be followed by ‘‘and’’. 3 So in original. Another par. (3) and par. (4) follow par. (5). § 2656f. Annual country reports on terrorism (a) Requirement of annual country reports on terrorism The Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, by April 30 of each year, a full and complete re- port providing— (1)(A) detailed assessments with respect to each foreign country— (i) in which acts of international terrorism occurred which were, in the opinion of the Secretary, of major significance; (ii) about which the Congress was notified during the preceding five years pursuant to section 4605(j) 1 of title 50; and (iii) which the Secretary determines should be the subject of such report; and (B) detailed assessments with respect to each foreign country whose territory is being used as a sanctuary for terrorists or terrorist organizations; (2) all relevant information about the activi- ties during the preceding year of any terrorist group, and any umbrella group under which such terrorist group falls, known to be respon- sible for the kidnapping or death of an Amer- ican citizen during the preceding five years, any terrorist group known to have obtained or developed, or to have attempted to obtain or develop, weapons of mass destruction, any ter- rorist group known to be financed by countries about which Congress was notified during the preceding year pursuant to section 4605(j) 1 of title 50, any group designated by the Secretary as a foreign terrorist organization under sec- tion 1189 of title 8, and any other known inter- national terrorist group which the Secretary determines should be the subject of such re- port; (3) with respect to each foreign country from which the United States Government has sought cooperation during the previous five years in the investigation or prosecution of an act of international terrorism against United States citizens or interests, information on— (A) the extent to which the government of the foreign country is cooperating with the United States Government in apprehending, convicting, and punishing the individual or individuals responsible for the act; and (B) the extent to which the government of the foreign country is cooperating in pre- venting further acts of terrorism against United States citizens in the foreign coun- try; and (4) with respect to each foreign country from which the United States Government has sought cooperation during the previous five years in the prevention of an act of inter- national terrorism against such citizens or in- terests, the information described in para- graph (3)(B). (b) Provisions to be included in report The report required under subsection (a) should to the extent feasible include (but not be limited to)— (1) with respect to subsection (a)(1)(A)— (A) a review of major counterterrorism ef- forts undertaken by countries which are the subject of such report, including, as appro- priate, steps taken in international fora; (B) the response of the judicial system of each country which is the subject of such re- port with respect to matters relating to ter- rorism affecting American citizens or facili- ties, or which have, in the opinion of the Secretary, a significant impact on United States counterterrorism efforts, including responses to extradition requests; and (C) significant support, if any, for inter- national terrorism by each country which is the subject of such report, including (but not limited to)— (i) political and financial support; (ii) diplomatic support through diplo- matic recognition and use of the diplo- matic pouch; (iii) providing sanctuary to terrorists or terrorist groups; (iv) providing weapons of mass destruc- tion, or assistance in obtaining or devel- oping such weapons, to terrorists or ter- rorist groups; 2 (v) the positions (including voting records) on matters relating to terrorism in the General Assembly of the United Na- tions and other international bodies and fora of each country which is the subject of such report; (2) with respect to subsection (a)(1)(B)— (A) the extent of knowledge by the govern- ment of the country with respect to terrorist activities in the territory of the country; and (B) the actions by the country— (i) to eliminate each terrorist sanctuary in the territory of the country; (ii) to cooperate with United States antiterrorism efforts; and (iii) to prevent the proliferation of and trafficking in weapons of mass destruction in and through the territory of the coun- try; (3) 3 with respect to subsection (a)(2), any— (A) significant financial support provided by foreign governments to those groups di- rectly, or provided in support of their activi- ties; (B) provisions of significant military or paramilitary training or transfer of weapons by foreign governments to those groups; (C) efforts by those groups to obtain or de- velop weapons of mass destruction; (D) provision of diplomatic recognition or privileges by foreign governments to those groups; (E) provision by foreign governments of sanctuary from prosecution to these groups or their members responsible for the com- mission, attempt, or planning of an act of international terrorism; and (F) efforts by the United States to elimi- nate international financial support pro- Page 1096 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656f 4 So in original. Probably should be preceded by the word ‘‘sec- tion’’. 5 So in original. Another par. (3) and par. (4) precede par. (5). vided to those groups directly or provided in support of their activities; (4) 3 a strategy for addressing, and where pos- sible eliminating, terrorist sanctuaries that shall include— (A) a description of terrorist sanctuaries, together with an assessment of the priorities of addressing and eliminating such sanc- tuaries; (B) an outline of strategies for disrupting or eliminating the security provided to ter- rorists by such sanctuaries; (C) a description of efforts by the United States to work with other countries in bilat- eral and multilateral fora to address or eliminate terrorist sanctuaries and disrupt or eliminate the security provided to terror- ists by such sanctuaries; and (D) a description of long-term goals and actions designed to reduce the conditions that allow the formation of terrorist sanc- tuaries; and (5) an update of the information contained in the report required to be transmitted to Con- gress under 7120(b) 4 of the 9/11 Commission Im- plementation Act of 2004. (3) 5 to the extent practicable, complete sta- tistical information on the number of individ- uals, including United States citizens and dual nationals, killed, injured, or kidnapped by each terrorist group during the preceding cal- endar year; and (4) 5 an analysis, as appropriate, of trends in international terrorism, including changes in technology used, methods and targets of at- tack, demographic information on terrorists, and other appropriate information. (c) Classification of report (1) Except as provided in paragraph (2), the re- port required under subsection (a) shall, to the extent practicable, be submitted in an unclassi- fied form and may be accompanied by a classi- fied appendix. (2) If the Secretary of State determines that the transmittal of the information with respect to a foreign country under paragraph (3) or (4) of subsection (a) in classified form would make more likely the cooperation of the government of the foreign country as specified in such para- graph, the Secretary may transmit the informa- tion under such paragraph in classified form. (d) Definitions As used in this section— (1) the term ‘‘international terrorism’’ means terrorism involving citizens or the ter- ritory of more than 1 country; (2) the term ‘‘terrorism’’ means premedi- tated, politically motivated violence per- petrated against noncombatant targets by subnational groups or clandestine agents; (3) the term ‘‘terrorist group’’ means any group practicing, or which has significant sub- groups which practice, international ter- rorism; (4) the terms ‘‘territory’’ and ‘‘territory of the country’’ mean the land, waters, and air- space of the country; and (5) the terms ‘‘terrorist sanctuary’’ and ‘‘sanctuary’’ mean an area in the territory of the country— (A) that is used by a terrorist or terrorist organization— (i) to carry out terrorist activities, in- cluding training, fundraising, financing, and recruitment; or (ii) as a transit point; and (B) the government of which expressly consents to, or with knowledge, allows, tol- erates, or disregards such use of its territory and is not subject to a determination under— (i) section 4605(j)(1)(A) 1 of title 50; (ii) section 2371(a) of this title; or (iii) section 2780(d) of this title. (e) Reporting period (1) The report required under subsection (a) shall cover the events of the calendar year pre- ceding the year in which the report is sub- mitted. (2) The report required by subsection (a) to be submitted by March 31, 1988, may be submitted no later than August 31, 1988. (Pub. L. 100–204, title I, § 140, Dec. 22, 1987, 101 Stat. 1347; Pub. L. 101–246, title I, § 122, Feb. 16, 1990, 104 Stat. 27; Pub. L. 103–236, title I, § 133(b)(1), Apr. 30, 1994, 108 Stat. 395; Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 578], Sept. 30, 1996, 110 Stat. 3009–121, 3009–169; Pub. L. 108–458, title VII, § 7102(d)(1)–(3), Dec. 17, 2004, 118 Stat. 3777, 3778; Pub. L. 108–487, title VII, § 701(a), Dec. 23, 2004, 118 Stat. 3961.) Editorial Notes REFERENCES IN TEXT Section 4605(j) of title 50, referred to in subsecs. (a)(1)(A)(ii), (2) and (d)(5)(B)(i), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. [Section] 7120(b) of the 9/11 Commission Implementa- tion Act of 2004, referred to in subsec. (b)(5), is section 7120(b) of Pub. L. 108–458, title VII, Dec. 17, 2004, 118 Stat. 3803, which is not classified to the Code. AMENDMENTS 2004—Subsec. (a)(1). Pub. L. 108–458, § 7102(d)(1), des- ignated existing provisions as subpar. (A), redesignated former subpars. (A) to (C) as cls. (i) to (iii), respec- tively, of subpar. (A), and added subpar. (B). Subsec. (a)(2). Pub. L. 108–487, § 701(a)(1), inserted ‘‘any terrorist group known to have obtained or devel- oped, or to have attempted to obtain or develop, weap- ons of mass destruction,’’ after ‘‘during the preceding five years,’’ and ‘‘any group designated by the Sec- retary as a foreign terrorist organization under section 1189 of title 8,’’ after ‘‘section 2405(j) of the Appendix to title 50’’. Subsec. (b)(1). Pub. L. 108–458, § 7102(d)(2)(A)(i), sub- stituted ‘‘subsection (a)(1)(A)’’ for ‘‘subsection (a)(1)’’ in introductory provisions. Subsec. (b)(1)(C)(iv). Pub. L. 108–487, § 701(a)(2)(A), added cl. (iv) and redesignated former cl. (iv) as (v). Subsec. (b)(2). Pub. L. 108–458, § 7102(d)(2)(A)(ii), (C), added par. (2). Former par. (2), relating to report provi- sions with respect to subsec. (a)(2), redesignated (3). Subsec. (b)(3). Pub. L. 108–487, § 701(a)(2)(C), added par. (3) relating to statistical information on individuals killed, injured, or kidnapped by terrorist groups. Pub. L. 108–487, § 701(a)(2)(B)(iii), which directed amendment of subsec. (b)(2)(F), as redesignated by Pub. Page 1097 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656f L. 108–487, § 701(a)(2)(B)(i), by substituting a semicolon for the period, was probably intended as an amendment to subpar. (F) of subsec. (b)(3) relating to report provi- sions with respect to subsec. (a)(2), as redesignated by Pub. L. 108–458, § 7102(d)(2)(B), and Pub. L. 108–487, § 701(a)(2)(B)(i), but could not be executed because of the amendment by Pub. L. 108–458, § 7102(d)(2)(D). See below. Pub. L. 108–458, § 7102(d)(2)(B), (D), redesignated par. (2), relating to report provisions with respect to subsec. (a)(2), as (3) and substituted a semicolon for the period at end. Subsec. (b)(3)(C) to (F). Pub. L. 108–487, § 701(a)(2)(B)(i), (ii), which directed amendment of sub- sec. (b)(2) by adding subpar. (C) and redesignating former subpars. (C) to (E) as (D) to (F), respectively, was executed by making the amendment to subsec. (b)(3) relating to report provisions with respect to sub- sec. (a)(2) to reflect the probable intent of Congress and the redesignation of subsec. (b)(2) as (b)(3) by Pub. L. 108–458. See above. Subsec. (b)(4). Pub. L. 108–487, § 701(a)(2)(C), added par. (4) relating to analysis of trends in international ter- rorism. Pub. L. 108–458, § 7102(d)(2)(E), added par. (4) relating to strategy for addressing, and where possible elimi- nating, terrorist sanctuaries. Subsec. (b)(5). Pub. L. 108–458, § 7102(d)(2)(E), added par. (5). Subsec. (d)(4), (5). Pub. L. 108–458, § 7102(d)(3), added pars. (4) and (5). 1996—Subsec. (a)(3), (4). Pub. L. 104–208, § 101(c) [title V, § 578(1)], added pars. (3) and (4). Subsec. (c). Pub. L. 104–208, § 101(c) [title V, § 578(2)], designated existing provisions as par. (1), realigned margins, substituted ‘‘Except as provided in paragraph (2), the report’’ for ‘‘The report’’, and added par. (2). 1994—Subsec. (b)(2)(E). Pub. L. 103–236 added subpar. (E). 1990—Subsec. (a). Pub. L. 101–246 substituted ‘‘April 30’’ for ‘‘March 31’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENTS Pub. L. 108–487, title VII, § 701(b), Dec. 23, 2004, 118 Stat. 3962, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply be- ginning with the first report under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 [this section] that is submitted more than one year after the date of the enactment of this Act [Dec. 23, 2004].’’ Pub. L. 108–487, title VIII, § 801, Dec. 23, 2004, 118 Stat. 3962, provided that: ‘‘Except as otherwise expressly pro- vided in this Act, this Act [enacting sections 1912, 3032, 3201 to 3205, 3221, 3523, and 3617 of Title 50, War and Na- tional Defense, amending this section and sections 1902, 1903, 1910, 1911, 3036, 3361, and 3519a of Title 50, enacting provisions set out as notes under this section, section 873 of Title 21, Food and Drugs, and sections 1902, 3001, 3032, 3036, 3106, and 3322 of Title 50, and amending provi- sions set out as a note under section 8331 of Title 5, Government Organization and Employees] (and the amendments made by this Act) shall take effect on the date of the enactment of this Act [Dec. 23, 2004].’’ Pub. L. 108–458, title VII, § 7102(d)(4), Dec. 17, 2004, 118 Stat. 3778, provided that: ‘‘The amendments made by this subsection [amending this section] apply with re- spect to the report required to be transmitted under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), by April 30, 2006, and by April 30 of each subsequent year.’’ Amendment by Pub. L. 108–458 effective Dec. 17, 2004, notwithstanding any other provision of such Act, see section 7122 of Pub. L. 108–458, set out as a note under section 112a of Title 1, General Provisions. TERRORIST SANCTUARIES Pub. L. 108–458, title VII, § 7102(a), (b), Dec. 17, 2004, 118 Stat. 3776, provided that: ‘‘(a) FINDINGS.—Consistent with the report of the Na- tional Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: ‘‘(1) Complex terrorist operations require locations that provide such operations sanctuary from inter- ference by Government or law enforcement per- sonnel. ‘‘(2) A terrorist sanctuary existed in Afghanistan before September 11, 2001. ‘‘(3) The terrorist sanctuary in Afghanistan pro- vided direct and indirect value to members of al Qaeda who participated in the terrorist attacks on the United States on September 11, 2001, and in other terrorist operations. ‘‘(4) Terrorist organizations have fled to some of the least governed and most lawless places in the world to find sanctuary. ‘‘(5) During the 21st century, terrorists are often fo- cusing on remote regions and failing states as loca- tions to seek sanctuary. ‘‘(b) SENSE OF CONGRESS ON UNITED STATES POLICY ON TERRORIST SANCTUARIES.—It is the sense of Congress that it should be the policy of the United States— ‘‘(1) to identify foreign countries that are being used as terrorist sanctuaries; ‘‘(2) to assess current United States resources and tools being used to assist foreign governments to eliminate such sanctuaries; ‘‘(3) to develop and implement a coordinated strat- egy to prevent terrorists from using such foreign countries as sanctuaries; and ‘‘(4) to work in bilateral and multilateral fora to elicit the cooperation needed to identify and address terrorist sanctuaries that may exist today, but, so far, remain unknown to governments.’’ REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES CITIZENS WERE KILLED AND RELATED MATTERS Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VIII, § 805], Nov. 29, 1999, 113 Stat. 1536, 1501A–470, as amended by Pub. L. 107–228, div. A, title II, § 216(c), Sept. 30, 2002, 116 Stat. 1367, provided that: ‘‘(a) IN GENERAL.—Not later than May 1, 2003, and not later than May 1, 2004, the Secretary of State shall pre- pare and submit a report, with a classified annex as necessary, to the appropriate congressional committees [Committee on Foreign Affairs of the House of Rep- resentatives and Committee on Foreign Relations of the Senate] regarding terrorist attacks in Israel, in ter- ritory administered by Israel, and in territory adminis- tered by the Palestinian Authority. The report shall contain the following information: ‘‘(1) A list of formal commitments the Palestinian Authority has made to combat terrorism. ‘‘(2) A list of terrorist attacks, occurring between September 13, 1993 and the date of the report, against United States citizens in Israel, in territory adminis- tered by Israel, or in territory administered by the Palestinian Authority, including— ‘‘(A) a list of all citizens of the United States killed or injured in such attacks; ‘‘(B) the date of each attack and the total number of people killed or injured in each attack; ‘‘(C) the person or group claiming responsibility for the attack and where such person or group has found refuge or support; ‘‘(D) a list of suspects implicated in each attack and the nationality of each suspect, including infor- mation on— ‘‘(i) which suspects are in the custody of the Palestinian Authority and which suspects are in the custody of Israel; ‘‘(ii) which suspects are still at large in areas controlled by the Palestinian Authority or Israel; and ‘‘(iii) the whereabouts (or suspected where- abouts) of suspects implicated in each attack. ‘‘(3) Of the suspects implicated in the attacks de- scribed in paragraph (2) and detained by Palestinian or Israeli authorities, information on— Page 1098 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656g ‘‘(A) the date each suspect was incarcerated; ‘‘(B) whether any suspects have been released, the date of such release, and whether any released sus- pect was implicated in subsequent acts of ter- rorism; and ‘‘(C) the status of each case pending against a sus- pect, including information on whether the suspect has been indicted, prosecuted, or convicted by the Palestinian Authority or Israel. ‘‘(4) The policy of the Department of State with re- spect to offering rewards for information on terrorist suspects, including any information on whether a re- ward has been posted for suspects involved in ter- rorist attacks listed in the report. ‘‘(5) A list of each request by the United States for assistance in investigating terrorist attacks listed in the report, a list of each request by the United States for the transfer of terrorist suspects from the Pales- tinian Authority and Israel since September 13, 1993, and the response to each request from the Palestinian Authority and Israel. ‘‘(6) A description of efforts made by United States officials since September 13, 1993 to bring to justice perpetrators of terrorist acts against United States citizens as listed in the report. ‘‘(7) A list of any terrorist suspects in these cases who are members of Palestinian police or security forces, the Palestine Liberation Organization, or any Palestinian governing body. ‘‘(8) A list of all United States citizens killed or in- jured in terrorist attacks in Israel or in territory ad- ministered by Israel between 1950 and September 13, 1993, to include in each case, where such information is reasonably available, any stated claim of responsi- bility and the resolution or disposition of each case, except that this list shall be submitted only once with the initial report required under this section un- less additional relevant information on these cases becomes available. ‘‘(b) CONSULTATION WITH OTHER DEPARTMENTS.—The Secretary of State shall, in preparing the report re- quired by this section, consult and coordinate with all other Government officials who have information nec- essary to complete the report. Nothing contained in this section shall require the disclosure, on a classified or unclassified basis, of information that would jeop- ardize sensitive sources and methods or other vital na- tional security interests or jeopardize ongoing criminal investigations or proceedings. ‘‘(c) INITIAL REPORT.—Except as provided in sub- section (a)(8), the initial report filed under this section shall cover the period between September 13, 1993 and the date of the report.’’ § 2656g. Report on terrorist assets in United States (a) Reports to Congress Beginning 90 days after October 28, 1991, and every 365 days thereafter, the Secretary of the Treasury, in consultation with the Attorney General and appropriate investigative agencies, shall submit to the Committee on Foreign Rela- tions and the Committee on Finance of the Sen- ate and the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives a report describing the na- ture and extent of assets held in the United States by terrorist countries and any organiza- tion engaged in international terrorism. Each such report shall provide a detailed list and de- scription of specific assets. (b) Definitions For purposes of this section— (1) the term ‘‘terrorist countries’’, refers to countries designated by the Secretary of State under section 2780(d) of this title; and (2) the term ‘‘international terrorism’’ has the meaning given such term in section 2656f(d) of this title. (Pub. L. 102–138, title III, § 304, Oct. 28, 1991, 105 Stat. 710; Pub. L. 103–236, title I, § 133(b)(2), Apr. 30, 1994, 108 Stat. 396.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–236 substituted ‘‘Sec- retary of the Treasury, in consultation with the Attor- ney General and appropriate investigative agencies,’’ for ‘‘Secretary of the Treasury’’ and inserted at end ‘‘Each such report shall provide a detailed list and de- scription of specific assets.’’ § 2656h. International credit reports (a) Report on loan criteria Not later than 90 days after October 28, 1991, the Assistant Secretary of State for Economic and Business Affairs, in consultation with the Secretary of the Treasury, shall submit to the Chairman of the Foreign Relations Committee of the Senate and the Speaker of the House of Representatives a report setting forth clear cri- teria for bilateral loans by which the United States can determine the likelihood of repay- ment by a country seeking to receive United States loans. The report should include the cri- teria used for— (1) assessing country risk; (2) projecting loan repayments; and (3) estimating subsidy levels. (b) Reports on loans Beginning 180 days after the submission of the report in subsection (a) and annually thereafter, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit a report to the Chairman of the Foreign Relations Com- mittee of the Senate and the Speaker of the House of Representatives showing actual repay- ments by country and by program to the United States Government for the previous 5 years and the scheduled repayments to the United States Government for the next 5 years. (Pub. L. 102–138, title I, § 197, Oct. 28, 1991, 105 Stat. 684.) Statutory Notes and Related Subsidiaries AUTHORITY OF SECRETARY OF STATE Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title. § 2656i. Counterdrug and anticrime activities of Department of State (a) Counterdrug and law enforcement strategy (1) Requirement Not later than 180 days after October 21, 1998, the Secretary of State shall establish, imple- ment, and submit to Congress a comprehen- sive, long-term strategy to carry out the