1997 Congressional HearingsIntelligence and Security
1997 Congressional HearingsFebruary 12, 1997
GOOD MORNING, CHAIRMAN MCCOLLUM, REPRESENTATIVE SCHUMER, AND MEMBERS OF THE SUBCOMMITTEE. I AM PLEASED TO HAVE THIS OPPORTUNITY TO DISCUSS WITH YOU THE FBI'S ROLE IN COMBATTING TERRORISM, PARTICULARLY, OUR ROLE OVERSEAS. I THOUGHT I WOULD BEGIN BY DISCUSSING OUR JURISDICTIONAL AUTHORITIES AND HIGHLIGHTING SOME OF OUR RECENT CASES. I WOULD THEN LIKE TO ADDRESS THE IMPORTANCE OF OUR LEGAL ATTACHE PROGRAM IN CARRYING OUT THE FBI'S MISSION ABROAD.
THE COUNTERTERRORISM PROBLEM HAS BECOME INCREASINGLY INTERNATIONAL IN SCOPE. THE FBI'S EXTRATERRITORIAL RESPONSIBILITIES DATE BACK TO THE MID-1980S, WHEN CONGRESS FIRST PASSED LAWS AUTHORIZING THE FBI TO EXERCISE FEDERAL JURISDICTION OVERSEAS WHEN A U.S. NATIONAL IS MURDERED, ASSAULTED, OR TAKEN HOSTAGE BY TERRORISTS, OR CERTAIN U.S. INTERESTS ARE ATTACKED.
MORE SPECIFICALLY, THE COMPREHENSIVE CRIME CONTROL ACT OF 1984, CREATED A NEW SECTION IN THE U.S. CRIMINAL CODE FOR HOSTAGE TAKING AND THE OMNIBUS DIPLOMATIC SECURITY AND ANTITERRORISM ACT OF 1986 ESTABLISHED A NEW EXTRATERRITORIAL STATUTE PERTAINING TO TERRORIST ACTS CONDUCTED ABROAD AGAINST U.S. CITIZENS AND INTERESTS. UPON APPROVAL BY THE HOST COUNTRY, THE FBI HAS THE LEGAL AUTHORITY TO DEPLOY FBI PERSONNEL TO CONDUCT EXTRATERRITORIAL INVESTIGATIONS IN THE HOST COUNTRY WHERE THE CRIMINAL ACT HAS BEEN COMMITTED, ENABLING THE UNITED STATES TO PROSECUTE TERRORISTS FOR CRIMES COMMITTED AGAINST U.S. CITIZENS. DURING THE PAST DECADE, THE UNITED STATES HAS SUCCESSFULLY APPREHENDED 10 INTERNATIONAL FUGITIVES AND BROUGHT THEM TO THE UNITED STATES TO STAND TRIAL FOR ACTS OF TERRORISM AGAINST AMERICANS. THESE PARTICULAR ACTS RESULTED IN THE KILLING OF 7 AMERICANS AND MAIMING OF HUNDREDS, WITH EVEN MORE PLACED IN JEOPARDY AND HELD HOSTAGE AT THE HANDS OF THESE TERRORIST EXTREMISTS. WE DO OUR VERY BEST TO APPREHEND AND CONVICT TERRORISTS--TO SEE THAT JUSTICE IS SERVED-- AND WE WILL NOT REST UNTIL TERRORISTS ARE WHERE THEY BELONG--BEHIND BARS.
IN MANY WAYS, THE HISTORY OF OUR EXTRATERRITORIAL CASES IS A HISTORY OF TERRORISM AGAINST AMERICANS. SINCE THE PASSAGE OF THE 1984 AND 1986 LAWS, MORE THAN THREE HUNDRED EXTRATERRITORIAL INVESTIGATIONS HAVE BEEN OPENED. OUR PRIORITY IN ALL THESE CASES IS TO RETURN SUSPECTED PERPETRATORS TO THE UNITED STATES AND PRESENT CLEAR, LAWFULLY-OBTAINED EVIDENCE AGAINST THEM IN A COURT OF LAW. LET ME LIST THE MOST NOTABLE OF THESE CASES.
TWO PROJECTILES CONTAINING A HIGH-EXPLOSIVE DEVICE WERE FIRED AT THE U.S. EMBASSY COMPOUND IN JAKARTA, INDONESIA, ON MAY 14, 1986. TSUTOMU SHIROSAKI, AN ALLEGED MEMBER OF THE JAPANESE RED ARMY, WAS CHARGED BY THE U.S. GOVERNMENT FOR HIS ROLE IN THE ATTEMPTED BOMBING. ON SEPTEMBER 21, 1996, SHIROSAKI WAS TURNED OVER TO THE FBI WITHOUT INCIDENT AND BROUGHT TO THE UNITED STATES TO STAND TRIAL. ALTHOUGH TEN YEARS PASSED BEFORE SHIROSAKI WAS BROUGHT TO JUSTICE, THIS CASE REPRESENTS THE "YOU CAN RUN, BUT YOU CAN'T HIDE" APPROACH OF THE RULE OF LAW.
PAN AM FLIGHT 73 WAS HIJACKED AT KARACHI INTERNATIONAL AIRPORT ON SEPTEMBER 5, 1986, WITH 380 PASSENGERS HELD HOSTAGE. DURING THE SIEGE, TWENTY-TWO PEOPLE WERE KILLED, INCLUDING TWO U.S. CITIZENS. AT LEAST 120 MORE WERE INJURED. THE FBI INVESTIGATED BY SEARCHING THE AIRCRAFT FOR FORENSIC EVIDENCE AND INTERVIEWING HOSTAGES. PAKISTANI AUTHORITIES ARRESTED AND SENTENCED FIVE TERRORISTS TO DEATH FOR THEIR CRIMES. THE CASE IS ON APPEAL. PAKISTANI LAW PROHIBITS THE EXTRADITION OF THESE INDIVIDUALS TO THE UNITED STATES FOLLOWING CONVICTION FOR THE SAME OFFENSE.
PAN AM FLIGHT 103 EXPLODED OVER LOCKERBIE, SCOTLAND, ON DECEMBER 21, 1988, KILLING 270 PEOPLE, INCLUDING 189 AMERICANS. THE FBI WAS ASKED BY BRITISH AND SCOTTISH AUTHORITIES TO PARTICIPATE IN THE CRIMINAL INVESTIGATION. TWO LIBYAN INTELLIGENCE OFFICERS ALLEGEDLY RESPONSIBLE FOR THE BOMBING ARE ON THE FBI'S TEN MOST WANTED FUGITIVES LIST.
MORE RECENTLY, ON JANUARY 6, 1995, IT WAS DETERMINED THAT TOP TEN FUGITIVE AND SUSPECTED WORLD TRADE CENTER "MASTERMIND" RAMZI AHMED YOUSEF HAD BEEN RESIDING IN THE PHILIPPINES. THE FBI DISPATCHED A TEAM OF INVESTIGATORS TO CONDUCT INTERVIEWS, TAKE CUSTODY OF EVIDENCE, AND PURSUE LEADS. COMBINED FBI AND U.S. INTELLIGENCE COMMUNITY EFFORTS CULMINATED IN THE ARREST OF YOUSEF IN ISLAMABAD, PAKISTAN, ON FEBRUARY 7, 1995. HIS RETURN TO THE UNITED STATES TO FACE TRIAL ON TERRORISM CHARGES CLEARLY DEMONSTRATES THE "LONG ARM OF THE LAW" INTENT OF THE EXTRATERRITORIAL PROGRAM.
IN RESPONSE TO THE MARCH 8, 1995 SHOOTING OF THREE U.S. CONSULATE EMPLOYEES IN KARACHI, PAKISTAN--IN WHICH TWO OF THE INDIVIDUALS WERE KILLED--THE FBI DISPATCHED A TEAM TO CONDUCT A CRIMINAL INVESTIGATION OF THE INCIDENT AND HAS MAINTAINED AN INTERMITTENT PRESENCE IN PAKISTAN, WORKING WITH AUTHORITIES TO PURSUE LEADS IN SUPPORT OF THIS INVESTIGATION.
ON NOVEMBER 13, 1995, A BOMB EXPLODED NEAR THE SAUDI ARABIAN NATIONAL GUARD BUILDING IN RIYADH. FIVE AMERICANS WERE KILLED AND SEVERAL AMERICANS WERE INJURED. AN FBI INVESTIGATIVE AND FORENSIC TEAM WAS DISPATCHED TO SAUDI ARABIA THAT SAME DAY IN ORDER TO ASSIST IN THE INVESTIGATION. FOUR SAUDI NATIONALS WERE EXECUTED FOR THEIR PARTICIPATION IN THE BOMBING. INVESTIGATION CONTINUES TO IDENTIFY OTHER PARTICIPANTS.
SIMILARLY, ON JUNE 25, 1996, AN EXPLOSIVE DEVICE DETONATED OUTSIDE THE AL-KHOBAR TOWERS IN DHAHRAN, SAUDI ARABIA. NINETEEN U.S. PERSONS WERE KILLED AS A RESULT OF THIS TERRORIST ACT. THE FBI HAS DEDICATED A VAST AMOUNT OF RESOURCES TO THIS INVESTIGATION. IN THE IMMEDIATE AFTERMATH OF THE INVESTIGATION, WE SENT 125 FBI EMPLOYEES TO DHAHRAN, INCLUDING A SPECIAL AGENT IN CHARGE, WHO DIRECTED THE CRISIS RESPONSE AND INVESTIGATIVE EFFORT. PERSONNEL IN DHAHRAN WERE SUPPORTED BY OUR LEGAL ATTACHE IN ROME.
I WOULD LIKE TO POINT OUT THAT, PRIOR TO CONDUCTING A CRIMINAL INVESTIGATION INTERNATIONALLY, WE OBTAIN PERMISSION FROM THE HOST COUNTRY AND COORDINATE WITH THE U.S. DEPARTMENT OF STATE. ONCE IN COUNTRY, WE ACT UNDER THE AUTHORITY OF THE CHIEF OF MISSION, AND WE COORDINATE CLOSELY WITH THE CENTRAL INTELLIGENCE AGENCY. THE FBI'S LEGAL ATTACHE PROGRAM ALSO PLAYS A CRITICAL ROLE IN FACILITATING OUR CRIMINAL EXTRATERRITORIAL JURISDICTION. THIS PROGRAM PERMITS FBI SPECIAL AGENTS TO CONDUCT LIAISON DIRECTLY WITH FOREIGN POLICE AGENCIES, FURTHER DEVELOPING LAW ENFORCEMENT RELATIONSHIPS IN THE FIGHT AGAINST TERRORISM AND CRIME.
THE FBI PRESENTLY HAS 30 LEGAL ATTACHES OVERSEAS--FBI AGENTS WORK HAND-IN-HAND WITH LAW ENFORCEMENT OFFICIALS FROM THE HOST NATIONS TO ADDRESS THE GROWING, JOINT PROBLEMS OF TERRORISM AND OTHER INTERNATIONAL CRIMES. THE SUCCESS OF THE FBI'S LEGAL ATTACHE PROGRAM HAS RESULTED IN THE ESTABLISHMENT OF OFFICES IN ISRAEL, SAUDI ARABIA, PAKISTAN, AND EGYPT. THE CURRENT EXPANSION OF OUR LEGAL ATTACHE PROGRAM--TO 46 OFFICES OVERSEAS BY FISCAL YEAR 1999--IS BASED IN LARGE PART ON THE NEED TO SUPPORT AND FACILITATE THE FBI'S CRITICAL INVESTIGATIONS. THESE FBI AGENTS ARE OUR FIRST LINE OF DEFENSE OVERSEAS. IF WE ARE TO BE EFFECTIVE IN FIGHTING INTERNATIONAL CRIME, THE FBI MUST HAVE A WORLDWIDE PRESENCE TO PUSH THE PERIMETER OF DEFENSE AND PREVENTION AS FAR BACK FROM THE UNITED STATES AS POSSIBLE. WE HAVE FOUND THESE COUNTRIES EAGER TO JOIN IN THE COMMON BATTLE AGAINST TERRORISM. THE TRUST AND GOOD FAITH WHICH HAVE DEVELOPED ARE HALLMARKS OF THE FBI'S RELATIONSHIP OVERSEAS.
THE FBI HAS ALSO BEEN INSTRUMENTAL IN COMBATTING INTERNATIONAL TERRORISM THROUGH INVESTIGATIVE ASSISTANCE TO MANY FOREIGN COUNTRIES. THIS ASSISTANCE HAS RESULTED IN THE CONVICTIONS OF PERSONS WHO HAVE CONDUCTED TERRORIST ACTS AGAINST U.S. NATIONALS WITHIN THEIR OWN COUNTRIES. ONE PRIME EXAMPLE IS THE FBI'S ASSISTANCE TO THE GOVERNMENT OF KUWAIT FOLLOWING THE ARREST OF 16 SUBJECTS BY THE KUWAITI AUTHORITIES AS CONSPIRATORS IN A PLOT TO ASSASSINATE FORMER U.S. PRESIDENT GEORGE BUSH IN APRIL 1993. FOLLOWING THE ARRESTS, THE DEPARTMENT OF JUSTICE DETERMINED THAT THE ASSASSINATION ATTEMPT WAS A VIOLATION OF THE CRIMINAL EXTRATERRITORIAL STATUES. AS A RESULT, AND IN COOPERATION WITH THE GOVERNMENT OF KUWAIT, THE FBI DISPATCHED A TEAM OF INVESTIGATORS TO KUWAIT AND OTHER COUNTRIES TO CONDUCT AN EXTRATERRITORIAL CRIMINAL INVESTIGATION. INTERVIEWS OF THE SUBJECTS AND EXAMINATION OF THE AVAILABLE FORENSIC EVIDENCE BY THE FBI SUPPORTED THE FINAL EVALUATION BY THE U.S. GOVERNMENT THAT THE IRAQI INTELLIGENCE SERVICE WAS RESPONSIBLE FOR THE PLAN TO ASSASSINATE THE FORMER PRESIDENT.
THERE ARE A BROAD RANGE OF THREATS CONFRONTING THE UNITED STATES. MANY ARE EXTERNAL--THE RESULT OF CHANGES AROUND THE WORLD WHICH HAVE BROUGHT UNREST, ARMED CONFLICT, AND POLITICAL INSTABILITY. THE U.S. GOVERNMENT CONTINUES TO FIGHT TERRORISM IN FIVE TRADITIONAL WAYS: DIPLOMACY, SANCTIONS, COVERT OPERATIONS, MILITARY OPTIONS, AND LAW ENFORCEMENT ACTION. IT IS THE FBI'S ROLE IN THIS LAW ENFORCEMENT EFFORT WHICH I HAVE HIGHLIGHTED TODAY. IN THIS MODERN ERA OF LAW ENFORCEMENT AND COUNTERINTELLIGENCE, MUCH IS EXPECTED OF THE FBI. THROUGH CONTINUING EFFORTS PLACED ON DEVELOPING EFFECTIVE INTELLIGENCE AND PLAIN HARD WORK, WE STRIVE TO DETECT AND PREVENT TERRORIST ACTS FROM OCCURRING AGAINST THE UNITED STATES AND THE AMERICAN PEOPLE. HOWEVER, WE CANNOT ACCOMPLISH THIS ALONE. ONLY THROUGH THE CONTINUED COOPERATION OF U.S. GOVERNMENT AGENCIES, THE CONGRESS, STATE AND LOCAL AUTHORITIES, AND THE AMERICAN PUBLIC, CAN WE BE PREPARED TO DEFEAT THE MENACE OF TERRORISM.
THANK YOU.