From: Brad Dolan <bdolan@well.sf.ca.us>
To: cypherpunks@toad.com
Message Hash: 4bc342bc7c68da4e1c097606575091bb40c307bd3f17cd2025792a00725a085b
Message ID: <199501260630.WAA24101@well.sf.ca.us>
Reply To: N/A
UTC Datetime: 1995-01-26 06:30:50 UTC
Raw Date: Wed, 25 Jan 95 22:30:50 PST
From: Brad Dolan <bdolan@well.sf.ca.us>
Date: Wed, 25 Jan 95 22:30:50 PST
To: cypherpunks@toad.com
Subject: Get ready to start breaking rocks for Herr Klinton
Message-ID: <199501260630.WAA24101@well.sf.ca.us>
MIME-Version: 1.0
Content-Type: text/plain
Sorry for the long post. I cut it down as much as I could, but I
think maybe people ought to read this.
As I understand it, one "terrorist" message through your remailer and
you're breaking rocks while some FBI jerk is playing Doom on your
PC.
Cheers,
Brad
Heil Bill!
- - - - - - - - - - begin included text - - - - - - - - - - - -
THE WHITE HOUSE
Office of the Press Secretary
_____________________________________________________
For Immediate Release January 24, 1995
EXECUTIVE ORDER
- - - - - - -
PROHIBITING TRANSACTIONS WITH TERRORISTS WHO
THREATEN TO DISRUPT THE MIDDLE EAST PEACE PROCESS
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.), and section 301 of title 3, United States
Code,
I, WILLIAM J. CLINTON, President of the United
States of America, find that grave acts of violence
committed by foreign terrorists that disrupt the
Middle East peace process constitute an unusual and
extraordinary threat to the national security,
foreign policy, and economy of the United States, and
hereby declare a national emergency to deal with that
threat.
I hereby order:
Section 1. Except to the extent provided in
section 203(b)(3) and (4) of IEEPA (50 U.S.C.
1702(b)(3) and (4)) and 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) all property and
interests in property of:
(i) the persons listed in the Annex to this
order;
(ii) foreign persons designated by the Secretary
of State, in coordination with the Secretary of
the Treasury and the Attorney General, because
they are found:
(A) to have committed, or to pose a significant
risk of committing, acts of violence that have
the purpose or effect of disrupting the Middle
East peace process, or
(B) to assist in, sponsor, or provide
financial, material, or technological support
for, or services in support of, such acts of
violence; and
(iii) persons determined by the Secretary of the
Treasury, in coordination with the Secretary of
State and the Attorney General, to be owned or
controlled by, or to act for or on behalf of,
any of the foregoing persons, that are in the
United States, that hereafter come within the
United States, or that hereafter come within the
possession or control of United States persons,
are blocked;
(b) any transaction or dealing by United States
persons or within the United States in property or
interests in property of the persons designated in or
pursuant to this order is prohibited, including the
making or receiving of any contribution of funds,
goods, or services to or for the benefit of such
persons;
(c) 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.
Sec. 2. For the 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 "foreign person" means any citizen
or national of a foreign state (including any such
individual who is also a citizen or national of the
United States) or any entity not organized solely
under the laws of the United States or existing
solely in the United States, but does not include a
foreign state.
Sec. 3. I hereby determine that the making of
donations of the type specified in section
203(b)(2)(A) of IEEPA (50 U.S.C. 1702(b)(2)(A)) by
United States persons to persons designated in or
pursuant to this order would seriously impair my
ability to deal with the national emergency declared
in this order, and hereby prohibit such donations as
provided by section 1 of this order.
Sec. 4. (a) The Secretary of the Treasury, in
consultation with the Secretary of State and, as
appropriate, the Attorney General, is hereby
authorized to take such actions, including the
promulgation of rules and regulations, and to employ
all powers granted to me by IEEPA 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.
(b) Any investigation emanating from a possible
violation of this order, or of any license, order, or
regulation issued pursuant to this order, shall first
be coordinated with the Federal Bureau of
Investigation (FBI), and any matter involving
evidence of a criminal violation shall be referred to
the FBI for further investigation. The FBI shall
timely notify the Department of the Treasury of any
action it takes on such referrals.
Sec. 5. Nothing contained in this order shall
create any right or benefit, substantive or
procedural, enforceable by any party against the
United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 6. (a) This order is effective at 12:01
a.m., eastern standard time on January 24, 1995.
(b) This order shall be transmitted to the
Congress and published in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
January 23, 1995.
more
3
ANNEX
TERRORIST ORGANIZATIONS WHICH THREATEN TO
DISRUPT THE MIDDLE EAST PEACE PROCESS
Abu Nidal Organization (ANO)
Democratic Front for the Liberation of Palestine (DFLP)
Hizballah
Islamic Gama'at (IG)
Islamic Resistance Movement (HAMAS)
Jihad
Kach
Kahane Chai
Palestinian Islamic Jihad-Shiqaqi faction (PIJ)
Palestine Liberation Front-Abu Abbas faction (PLF-Abu Abbas)
Popular Front for the Liberation of Palestine (PFLP)
Popular Front for the Liberation of Palestine-General Command
(PFLP-GC)
# # #
THE WHITE HOUSE
Office of the Press Secretary
_____________________________________________________
For Immediate Release January 23, 1995
EXECUTIVE ORDER
- - - - - - -
PRESIDENT'S ADVISORY BOARD ON ARMS PROLIFERATION
POLICY
By the authority vested in me as President by
the Constitution and the laws of the United States of
America, including section 1601 of the National
Defense Authorization Act, Fiscal Year 1994 (Public
Law 103-160), and the Federal Advisory Committee Act,
as amended (5 U.S.C. App. 2) ("Act"), except that
subsections (e) and (f) of section 10 of such Act do
not apply, and section 301 of title 3, United States
Code, it is hereby ordered as follows:
Section 1. Establishment. There is established
within the Department of Defense the "President's
Advisory Board on Arms Proliferation Policy"
("Board"). The Board shall consist of five members
who shall be appointed by the President from among
persons in private life who are noted for their
stature and expertise regarding the proliferation of
strategic and advanced conventional weapons and are
from diverse backgrounds. The President shall
designate one of the members as Chairperson of the
Board.
Sec. 2. Functions. The Board shall advise the
President on implementation of United States
conventional arms transfer policy, other issues
related to arms proliferation policy, and on other
matters deemed appropriate by the President. The
Board shall report to the President through the
Assistant to the President for National Security
Affairs.
Sec. 3. Administration. (a) The heads of
executive agencies shall, to the extent permitted by
law, provide to the Board such information as it may
require for the purpose of carrying out its
functions.
(b) Members of the Board shall serve without
compensation, but shall be allowed travel expenses,
including per diem in lieu of subsistence, as
authorized by law, including 5 U.S.C. 5701-5707 and
section 7(d) of the Act, for persons serving
intermittently in government service.
(c) The Department of Defense or the head of any
other Federal department or agency may detail to the
Board, upon request of the Chairperson of the Board,
any of the personnel of the department or agency to
assist the Board in carrying out its duties.
(d) The Secretary of Defense shall designate a
federally funded research and development center with
expertise in the matters covered by the Board to
provide the Board with such support services as the
Board may need to carry out its duties.
(e) The Department of Defense shall provide the
Board with administrative services, facilities,
staff, and other support services necessary for the
performance of its functions.
Sec. 4. General. (a) The Board shall terminate
30 days after the date on which the President submits
the final report of the Board to the Congress.
(b) For reasons of national security or for such
other reasons as specified in section 552(b) of
title 5, United States Code, the Board shall not
provide public notice or access to meetings at which
national security information will be discussed.
Authority to make such determinations shall reside
with the Secretary of Defense or his designee who
must be an official required to be appointed by and
with the advice and consent of the Senate.
(c) Information made available to the Board
shall be given all necessary security protection in
accordance with applicable laws and regulations.
(d) Each member of the Board and each member of
the Board's staff shall execute an agreement not to
reveal any classified information obtained by virtue
of his or her service with the Board except as
authorized by applicable law and regulations.
WILLIAM J. CLINTON
THE WHITE HOUSE
Office of the Press Secretary
_____________________________________________________
For Immediate Release January 24, 1995
TO THE CONGRESS OF THE UNITED STATES:
Pursuant to section 204(b) of the International
Emergency Economic Powers Act, 50 U.S.C. 1703(b) and
section 301 of the National Emergencies Act, 50
U.S.C. 1631, I hereby report that I have exercised my
statutory authority to declare a national emergency
with respect to the grave acts of violence committed
by foreign terrorists that threaten to disrupt the
Middle East peace process and to issue an Executive
order that:
Blocks all property, including bank
deposits, of foreign persons or
organizations designated in the Executive
order or pursuant thereto, which is in the
United States or in the control of United
States persons, including their overseas
branches; and
Prohibits any transaction or dealing by
United States persons in such property,
including the making or receiving of any
contribution of funds, goods, or services
to or for the benefit of such designated
persons.
I have designated in the Executive order
12 foreign organizations that threaten to use
violence to disrupt the Middle East peace process. I
have authorized the Secretary of State to designate
additional foreign persons who have committed, or
pose a significant risk of committing, acts of
violence that have the purpose or effect of
disrupting the Middle East peace process, or who
assist in, sponsor, or provide financial, material or
technological support for, or services in support of,
such acts of violence. Such designations are to be
made in coordination with the Secretary of the
Treasury and the Attorney General.
The Secretary of the Treasury is further
authorized to designate persons or entities that he
determines, in coordination with the Secretary of
State and the Attorney General, are owned or
controlled by, or acting for or on behalf
of, any of the foreign persons designated under this
order. The Secretary of the Treasury is also
authorized to issue regulations in exercise of my
authorities under the International Emergency
Economic Powers Act to implement these measures in
consultation with the Secretary of State and the
Attorney General and to coordinate such
implementation with the Federal Bureau of
Investigation. All Federal agencies are directed to
take actions within their authority to carry out the
provisions of the Executive order.
I am enclosing a copy of the Executive order
that I have issued. The order was effective at 12:01
a.m., eastern standard time on January 24, 1995.
I have authorized these measures in response to
recurrent acts of international terrorism that
threaten to disrupt the Middle East peace process.
They include such acts as the bomb attacks in Israel
this past weekend and other recent attacks in Israel,
attacks on government authorities in Egypt, threats
against Palestinian authorities in the autonomous
regions, and the bombing of the Jewish Mutual
Association building in Buenos Aires, as well as the
car bomb at the Israeli Embassy in London.
Achieving peace between Israel and its neighbors
has long been a principal goal of American foreign
policy. Resolving this conflict would eliminate a
major source of instability in a part of the world in
which we have critical interests, contribute to the
security and well-being of Israel, and strengthen
important bilateral relationships in the Arab world.
Attempts to disrupt the Middle East peace
process through terrorism by groups opposed to peace
have threatened and continue to threaten vital
interests of the United States, thus constituting an
unusual and extraordinary threat to the national
security, foreign policy, and economy of the United
States.
Terrorist groups engaging in such terrorist acts
receive financial and material support for their
efforts from persons in the Middle East and elsewhere
who oppose that process. Individuals and groups in
the United States, too, have been targets of
fundraising efforts on behalf of terrorist
organizations.
Fundraising for terrorism and use of the U.S.
banking system for transfers on behalf of such
organizations are inimical to American interests.
Further, failure to take effective action against
similar fundraising and transfers in foreign
countries indicate the need for leadership by the
United States on this subject. Thus, it is necessary
to provide the tools to combat any financial support
from the United States for such terrorist activities.
The United States will use these actions on our part
to impress on our allies in Europe and elsewhere the
seriousness of the danger of terrorist funding
threatening the Middle East peace process, and to
encourage them to adopt appropriate and effective
measures to cut off terrorist fundraising and the
harboring of terrorist assets in their territories
and by their nationals.
The measures we are taking demonstrate our
determination to thwart acts of terrorism that
threaten to disrupt the Middle East peace process by
attacking any material or financial support for such
acts that may emanate from the United States.
WILLIAM J. CLINTON
THE WHITE HOUSE,
January 23, 1995.
# # #
THE WHITE HOUSE
Office of the Press Secretary
________________________________________________________________________
For Immediate Release January 24, 1995
BACKGROUND BRIEFING
BY
SENIOR ADMINISTRATION OFFICIALS
The Briefing Room
2:14 P.M. EST
[I've cut out 90% of this. E-mail me if you want a complete copy -bd]
[...] On October 24th, at his speech at Georgetown University
on the peace process, Secretary Christopher mentioned our concern
about this and said that we are looking at a number of options to
address both the funding threat and to strengthen our
counterterrorism activities in other ways. And this executive order
and the package of laws are a result of that.
These are only part of a much larger effort that the
administration has been making to counter terrorism around the world.
The executive order will also support the efforts which we have been
making now for a long time to encourage similar efforts by foreign
governments to prevent funding from their countries to these
terrorist organizations. By blocking transfers to these terrorist
groups and individuals and by freezing accounts, while we are not
certain about the volume of funds that we will seize or stop, we know
that we are sending a very powerful message to potential donors by
criminalizing this activity.
The executive order, as you know, designates 12
terrorist organizations. We have a very large body of public and
intelligence information which documents terrorist acts by these
organizations going way back. And it also designates 18 individuals
who are associated with these groups. The process provides an
opportunity to designate additional groups and additional individuals
as we work our way through this. [...]
SENIOR ADMINISTRATION OFFICIAL: Thank you. Good
afternoon. The legislation that has been drafted is designed to
strengthen our ability not only to deter terrorist acts, but to also
punish those who engage in such terrorism. It is a comprehensive
bill that we have compiled. It is still being worked on. We will be
working closely with the Hill to perfect it, and it has multiple
provisions, but I'd like to highlight, at this point, essentially
five broad areas, many of which are designed to ensure, among other
things, that this country is not used as a base of operations for
terrorist acts abroad.
To begin with, it creates a new federal statute which
would provide clear federal jurisdiction for any international
terrorist act committed in the United States. As many of you know,
this has been a particularly critical point, especially in light of
various events in the United States and highlighted the question of
the existing scope of federal jurisdiction.
We also have provisions in the draft criminalizing
conspiracies in the United States to engage in terrorist acts
committed outside the United States. This is an extension of the
Material Support Act and is critical, I think, for ensuring that the
United States is not, as I said, used as a launching pad for
terrorist attacks anywhere in the world.
Another provision which we think is critical is to
provide expedited deportation proceedings for aliens who engage in
terrorist activities and to expedite their removal from the United
States.
The fourth provides a comprehensive mechanism for
preventing fundraising in the United States in support of
international terrorist activities overseas.
And the fifth is designed to facilitate the
investigation of matters involving explosives, and implements
recently concluded international convention for ensuring that
explosives contain "taggets," if you will, insertion of chemical
agents into plastic explosives, which will make them more detectible
and facilitate investigation.
As I said, there are other provisions of the bill, which
are critical. They're more of a technical nature, and would, in
fact, greatly facilitate investigation, prosecution and enhance the
range of the sanctions that can be applied.
At this point, we'd be glad to take questions. [...]
[SENIOR ADMINISTRATION ASSHO...er...OFFICIAL...]
The legislation we propose will contain other devices,
if you will, to facilitate the investigations.
Q Like wire-tapping?
SENIOR ADMINISTRATION OFFICIAL: A variety, yes. There
will be certain provisions.
Q Isn't that against the Constitution?
SENIOR ADMINISTRATION OFFICIAL: Oh, no, of course not.
I mean, appreciate that we have a variety of existing, statutorily
approved mechanisms. We are trying to, consistent with
constitutional requirements, be able to afford ourselves the widest
range of enforcement opportunities. Now, that is not being designed
to, in any way, circumvent or deprive people of constitutional
protections. But on the other hand, to the extent that wire-tap
authority would facilitate investigations in this area, yes, we would
like authority. But I'm saying that this is just one opportunity, if
you will, for dealing with the problem of fundraising. [...]
Q I'll try to keep it short. Wire-tapping still with
the judge's prior approval?
SENIOR ADMINISTRATION OFFICIAL: Yes.
Q Okay, you can eliminate hearings now, the right of
somebody to have a hearing before he's deported, are you going to try
to shortcut that? And, third, what about the right to associate so
far as going to a mosque and contributing to a -- you're really
touching on constitutional rights, and you know it as well as I do.
SENIOR ADMINISTRATION OFFICIAL: Let me take issue with
your characterization. No, we're not touching -- obviously, the
legislation in this area has to be drafted with tremendous
sensitivity to those issues, and I think we have. We have, in fact,
brought to bear great concerns about civil liberties of Americans and
non-Americans in this country, and what we have designed, I would
suggest to you, you will see is consistent with those constitutional
limitations.
But on the other hand, as the court has repeatedly said,
Constitution is not a suicide pact. It does permit us to move
aggressively in this area consistent with the Constitution to be able
to protect ourselves and our vital national security.
Now, with respect to this wire-tapping, all we're
suggesting, among other things, is to take existing authority, which
now has an articulation of a whole range of offenses, that permits
legal wiretapping, and add terrorism to it. Okay?
As far as deportations -- deportations, what we want in
connection with terrorism is a methodology consistent with
constitutional limitations to enable us to expedite the deportation
process, utilizing federal district courts and federal district
judges and to have a mechanism -- have a mechanism so that to the
extent that we have to rely on classified information --
Q Closed courts, closed hearings?
SENIOR ADMINISTRATION OFFICIAL: No, no. Public
hearings, procedures consistent with the same procedures utilize din
criminal cases to ensure the protection of classified information,
consistent with constitutional limitations. That is what we are
proposing. [...]
Q Is the CIA obligated under this Executive Order to
help you and State and the rest with regard to intelligence on these
various groups that might be funneling money to eventual terrorists?
SENIOR ADMINISTRATION OFFICIAL: The CIA and other
American intelligence agencies are a full partner in this process,
and their work overseas and the work of the FBI here at home is
essential to make this work. And they're anxious to help, and they
are helping.
Q There's a broad paragraph in the order that talks
about other federal agencies without naming them, and that's why I
asked the question, whether that is the paragraph that brings the CIA
into the picture. [...]
Q What if somebody is caught in this and claims to be
innocent, that they're involved in truly humanitarian efforts? Do
they have to sue the federal government to get access to their funds?
SENIOR ADMINISTRATION OFFICIAL: No, there are appeal
procedures -- this has happened obviously much before -- we have a
lot of experience in this program. We have appeal procedures, people
would apply to the Treasury Department Office of Foreign Assets
Control, and there are appeal mechanisms in place. There are
obviously always judicial avenues, but there are nonjudicial avenues
as well -- administrative avenues to work this out.
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