Terrorism Support

Terrorism Support in the United States

Main Elements of a Claim Under § 1605A FSIA

Listed acts: Material support or resources

According to research about Terrorism Support from the Federal Judicial Center: This statutory element incorporates the broad meaning given to the term “material support or resources” in the Anti-Terrorism Act, which lists various types of support, including “any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel . . ., and transportation, except medicine or religious materials.”303 A plaintiff may satisfy this requirement by identifying conduct by the defendant that falls within the “meaning of any one of these listed forms of material support.”304 Evidence that a foreign state has provided financial, technical, logistical, and other material support and resources to terrorist groups for the purpose of carrying out any of the aboveenumerated acts is sufficient.305 It is important to note that it is not necessary for the material support to have directly contributed to the specific act under which the claims arose. However, at least one of the listed acts above must occur as a result of the material support in order for the terrorism exception to apply. Note: FSIA is the acronym of the Foreign Sovereign Immunities Act of 1976.

Presidential Memoranda

Presidential Memoranda regarding with the Persons Who Commit, Threaten to Commit, or Support Terrorism (National Emergency) (September 18, 2015):

“Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, within 90 days prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date. In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice stating that the national emergency with respect to persons who commit, threaten to commit, or support terrorism declared in Executive Order 13224 of September 23, 2001, is to continue in effect beyond September 23, 2015.

The crisis constituted by the grave acts of terrorism and threats of terrorism committed by foreign terrorists, including the terrorist attacks on September 11, 2001, in New York and Pennsylvania and against the Pentagon, and the continuing and immediate threat of further attacks on United States nationals or the United States that led to the declaration of a national emergency on September 23, 2001, has not been resolved. These actions continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. For this reason, I have determined that it is necessary to continue the national emergency declared in Executive Order 13224 with respect to persons who commit, threaten to commit, or support terrorism.”

Presidential Memoranda regarding with the Persons Who Commit, Threaten to Commit, or Support Terrorism (National Emergency) (September 18, 2015):

“On September 23, 2001, by Executive Order 13224, the President declared a national emergency with respect to persons who commit, threaten to commit, or support terrorism, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the grave acts of terrorism and threats of terrorism committed by foreign terrorists, including the terrorist attacks on September 11, 2001, in New York and Pennsylvania and against the Pentagon, and the continuing and immediate threat of further attacks against United States nationals or the United States.

The actions of persons who commit, threaten to commit, or support terrorism continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. For this reason, the national emergency declared in Executive Order 13224 of September 23, 2001, and the measures adopted on that date to deal with that emergency, must continue in effect beyond September 23, 2015. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to persons who commit, threaten to commit, or support terrorism declared in Executive Order 13224.”

Resources

See Also

Popular Topics related with Terrorism Support

  • Arbitration Immunity
  • Foreign Sovereign Immunities Act Instrumentality
  • Foreign Sovereign Immunity
  • Immunities Clause
  • Immunities of International Organizations
  • Immunity Means
  • Immunity Specialized Agencies

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