19 December 2001

United States of America

Report to the Counterterrorism Committee pursuant to paragraph 6 of Security Council resolution 1373 of 28 September 2001 Implementation of UNSCR 1373


On the day after the heinous September 11 terrorist attacks in Washington and New York, the General Assembly of the United Nations, by consensus of the 189 member states, called for international cooperation to prevent and eradicate acts of terrorism and to hold accountable the perpetrators and those who harbor or support them. That same day, the United Nations Security Council unanimously determined, for the first time ever, any act of international terrorism to be a threat to international peace and security. This determination laid the foundation for Security Council action to bring together the international community under a common set of obligations in the fight to end international terrorism.

On September 28, 2001, the Security Council unanimously adopted resolution 1373 under Chapter VII of the Charter of the United Nations. This historic resolution established a body of legally binding obligations on all UN member states. It defined the common core of the new international campaign to deal with international terrorists, their organizations, and those who support them.

Its provisions require, among other things, that all member states prevent the financing of terrorism and deny safe haven to terrorists. States will need to review and strengthen their border security operations, banking practices, customs and immigration procedures, law enforcement and intelligence cooperation, and arms transfer controls. All states are called upon to increase cooperation and share pertinent information with respect to these efforts. Resolution 1373 also mandated that each state report on the steps it had taken, and established a committee of the Security Council to monitor implementation. The committee will highlight best practices, identify gaps, and help coordinate advice and assistance to states that need it.

Full implementation of resolution 1373 will require each UN member state to take specific measures to combat terrorism. Most states will have to make changes in their laws, regulations, and practices. Those with the capacity to assist in these changes will be needed to help those who lack the expertise and resources to achieve full implementation. As this report that follows makes clear, the United States is ready to provide technical assistance to help in these efforts. We will work closely with other nations who also have the capacity to assist, and with those seeking assistance. Cooperation is key to success.

It will be especially important that these efforts be sustained in the coming months and years. The goal should be to ensure through the UN that enduring mechanisms are created, and that existing institutions are utilized, to raise the capabilities of all nations to confront the threat of terrorism. As UNSCR 1373 recognizes, there will be a need for enhanced coordination of efforts on national, subregional, regional and global levels.

The United States is waging a broad-ranging campaign both at home and abroad against terrorism, including by taking military action in Afghanistan. As another way of combating terrorism internationally, the United States strongly supports UNSCR 1373 and the Counter Terrorist Committee set up by the resolution, and wishes to see full implementation by all states. As President Bush has promised: "We will direct every resource at our command -- every means of diplomacy, every tool of intelligence, every instrument of law enforcement, every financial influence, and every necessary weapon of war -- to the disruption and to the defeat of the global terror network."

Our report details only some of the many steps that we have been taking to combat terrorism and comply with UNSCR 1373. But, we intend to do even more to ensure that we have taken all appropriate measures. The following is a list of some of the steps taken, which are detailed in this report.

Steps taken by the U.S.

UNSCR 1373 Operative Paragraph/1

1(a): What measures if any have been taken to prevent and suppress the financing of terrorists acts in addition to those listed in your responses to questions on 1(b) to (d)?

The assault on the financial underpinnings of terrorism is central to U.S. efforts to fight terrorists and their supporters with every available weapon. Through the September 23 Executive Order freezing U.S. assets of designated individuals and organizations that commit terrorist acts or fund terrorism, and other measures, the U.S. is taking concrete actions internally to combat the financing of terrorist entities. The U.S. also works closely with governments around the world in identifying and freezing terrorists' assets. The U.S. has contacted almost every other UN Member State to encourage them to identify and freeze terrorist assets through implementation of the UN Security Council Resolutions and other means. A list of U.S. actions is set forth below.

Freezing of Terrorist Assets

The Order further authorized the Secretary of the Treasury to block the property of persons determined to be owned or controlled by, or acting for or on behalf of, persons designated in or under the Order. All property and interests in property of persons designated under the Order in the U.S. or in the control of U.S. persons are blocked. Any transaction or dealing in such blocked property is prohibited.

Designated Terrorists and Their Supporters

Improved Coordination at Home

Improving Domestic Tools to Stop Financing Terrorism

International Cooperation, Outreach and Coordination

Important International Initiatives in which the U.S. Plays a Role

Among the other important initiatives that we participate in are:

1(b): What are the offences and penalties in your country with respect to the activities listed in this sub-paragraph?

There are several sources of legal authority for the U.S. government to rely upon in imposing civil and criminal penalties for the provision and collection of funds to provide support to terrorists. These include both laws prohibiting material or other support to terrorists and their supporters, and money laundering laws addressing a variety of criminal activity, including the unlawful movement of money without proper reports.

Providing Support to Terrorism

Money Laundering and Currency Reporting

1(c): What legislation and procedures exist for freezing accounts and assets at banks and financial institutions?

President George W. Bush signed Executive Order (E.O.) 13224 on September 23 pursuant to his authority under the International Emergency Economic Powers Act (IEEPA). This Order allows for the blocking of property and interests in property of all persons designated pursuant to the Order. Such designations include terrorists, as well as those who provide support or services to, or associate with, persons with terrorism-related links. (See the response to Paragraph 1.a in this report for further detail on E.O. 13224 and other, related measures.)

E.O. 13224 also charged the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, with responsibility for its implementation, including the promulgation of regulations related to the sanctions.

Therefore, designated terrorist property and interests in property, including funds and financial assets or economic resources, within the U.S. or in the possession or control of a U.S. person, are blocked. Any transaction or dealing in the U.S. or by U.S. persons in such blocked property and interests in property are prohibited. Transactions intended to evade the prohibitions imposed in the Executive Order also are prohibited.

1(d): What measures exist to prohibit the activities listed in this sub-paragraph?

UNSCR 1373 Operative Paragraph 2

2(a): What legislation or other measures are in place to give effect to this sub-paragraph? In particular, what offences in your country prohibit (i) recruitment to terrorist groups and (ii) the supply of weapons to terrorists? What other measures help prevent such activities?


Conspiracy and other laws make it illegal to solicit a person to commit a terrorist act or other crime./16 Recruiting for membership in a terrorist organization is grounds for denying a visa./17 A foreign national who enters the United States and is later found in violation of these prohibitions is subject to deportation.


Other Measures

2(b): What other steps are being taken to prevent the commission of terrorist acts, and in particular, what early warning mechanisms exist to allow exchange of information with other states?

U.S. law enforcement and intelligence agencies have many active and aggressive information sharing programs to prevent terrorist acts. Congress has mandated expansion of international information sharing on immigration and law enforcement matters in support of worldwide anti-terrorism efforts. Many nations cooperate actively with the U.S. in fighting terrorism.

2(c): What legislation or procedures exist for denying safe haven to terrorists, such as laws for excluding or expelling the types of individuals referred to in this sub-paragraph?

Our legislation contains provisions prohibiting admission of foreign nationals who have engaged in terrorist activity. It provides for removal of such persons if they are in the U.S. Also, foreign nationals who are closely associated with or who support terrorist activity can also be denied admission or removed in certain circumstances (e.g. foreign nationals who act as representatives of foreign terrorist organizations or of certain groups that publicly endorse acts of terrorism).

2(d): What legislation or procedures exist to prevent terrorists acting from your territory against other states or citizens?

Numerous laws address the threat of terrorists acting from U.S. territory against citizens or interests of other states. Terrorist financing and money laundering laws (see section on paragraph 1 above) are very useful in countering such situations as providing material support or resources. The provision, in the U.S., of material support to a foreign terrorist organization is a serious crime under U.S. law and allows us to take actions which also benefit the anti-terrorist efforts of our overseas partners in the fight against terrorism. Recently, the U.S. has damaged the overseas operations of Mujahadin E-Khalq, the Provisional Irish Republican Army, Hizballah and other foreign terrorist organizations by criminally charging people in the U.S. with providing or attempting to provide material support or resources to those organizations. On December 4, 2001 we shut down a Texas-based fundraising operation whose activities benefited the terrorist activities of Hamas in the Middle East.

2(e): What steps have been taken to establish terrorist acts as serious criminal offences and to ensure that the punishment reflects the seriousness of such terrorist acts?

Terrorist acts are among the most serious offenses under U.S. law. Violent, terrorist-related crimes generally carry substantially higher criminal penalties and can lead to imposition of the death penalty, or life imprisonment./28

2 (f): What procedures and mechanisms are in place to assist other states?

The U.S. provides assistance for criminal investigations or proceedings relating to terrorist acts through bilateral programs and as an active participant in multilateral programs.

2(g): How do border controls in your country prevent the movement of terrorists? How do your procedures for issuance of identity papers and travel documents support this? What measures exist to prevent their forgery etc?

UNSCR 1373 Operative Paragraph 3

3(a): What steps have been taken to intensify and accelerate the exchange of operational information in the areas indicated in this sub-paragraph?

The U.S. is making extensive efforts to accelerate the exchange of operational information in these areas with other states. Through a series of bilateral meetings and multinational conferences since September 11, senior officials have discussed the need for faster sharing of information.

Exchanging Operational Information Exchanging Information on Arms, Explosives and Weapons of Mass Destruction

Technology Transfer and Skills Training

Customs Information and Enforcement

3(b): What steps have been taken to exchange information and cooperate in the areas indicated in this sub-paragraph?

The U.S. has stepped up information exchanges through law enforcement and intelligence channels to prevent terrorist acts.

3(c): What steps have been taken to exchange information and cooperate in the areas indicated in this sub-paragraph?

3(d): What are your government's intentions regarding signing and/or ratifying the conventions and protocols referred to in this sub-paragraph?

The U.S. is party to ten of the twelve relevant international conventions and protocols relating to terrorism, and expects to ratify the two most recent conventions (Terrorist Bombings and Terrorism Financing) in the near future.

3(e): Provide any relevant information on the implementation of the conventions, protocols and resolutions referred to in this sub-paragraph?

The U.S. is a party to ten of the twelve conventions and protocols relating to terrorism. Legislation has been enacted to fully implement:

3(f): What legislation, procedures and mechanisms are in place for ensuring asylum seekers have not been involved in terrorist activity before granting refugee status?

3(g): What procedures are in place to prevent the abuse of refugee status by terrorists? Please provide details of legislation and/or administrative procedures which prevent claims of political motivation being recognized as grounds for refusing requests for the extradition of alleged terrorists.


1/For further information on U.S. laws, see the following web sites: (for a database index); (for U.S. Codes (U.S.C.)); and, (for the Combined Federal Register (CFR))

2/8 U.S.C. § 1189

3/"Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Acts of 2001," Pub. L. No. 107-56, H.R. 3162, 107th Congress (2001)

4/18 U.S.C. § 2339A

5/18 U.S.C. § 2339A

6/18 U.S.C. § 981(a)(1)(A) would authorize forfeiture for the transaction offense, and 18 U.S.C. § 981(a)(1)(C) would authorize forfeiture for the proceeds offense.

7/18 U.S.C. § 2339B

8/12 U.S.C. § 2339B

9/8 U.S.C. § 1189

10/18 U.S.C. § 981(a)(1)(A) (as property involved in a violation of 18 U.S.C. § 1956(a)(2)(A)

11/31 U.S.C. § 5317(e)

12/31 U.S.C. § 5332 (the new Bulk Cash Smuggling offense)

13/See, e.g., 31 Combined Federal Register (C.F.R.) Part 597

14/19 U.S.C. § 1595a

15/See also 18 U.S.C. § 545 (civil forfeiture for articles imported contrary to law)

16/18 U.S.C. § 373 makes it a criminal offense to solicit a person to commit a violent crime.

17/§212(a)(3)(B)(iv)(V) of the Immigration and Nationality Act (INA), 8 U.S.C. §1182

18/Title 18 of the U.S.C. (Chapter 44 - Firearms) 18 U.S.C. §§ 921, et seq.

19/22 U.S.C. §2778 and the International Traffic in Arms Regulations (ITAR)

20/18 U.S.C. §§ 2339A, 2339B. Penalties for each violation can include criminal fines and imprisonment of up to fifteen years. As of December 4, 2001, 28 groups are designated as Foreign Terrorist Organizations.

21/§212(a)(3)(B)(iv)(V) of the Immigration and Nationality Act (INA), 8 U.S.C. §1182

22/18 U.S.C. § 2339A. Penalties for each violation can include criminal fines and incarceration of up to fifteen years.

23/18 U.S.C. § 2339B. Penalties for each violation can include criminal fines and incarceration of up to fifteen years.

24/18 U.S.C. §§ 1956 and 1957

25/Penalties for each violation can include enhanced criminal fines and incarceration of up to twenty years. Section 1957 makes it a crime to engage in a monetary transaction in property derived from specified unlawful activity, such as 18 U.S.C. §§ 2339A and/or 2339B. Transactions under § 1957 need not be entirely domestic, but can be, and in some cases must be, international to meet the elements of the violation. Penalties for each violation can include criminal fines and incarceration of up to ten years.

26/18 U.S.C. §§ 981 and 982

27/For example, 18 U.S.C. § 956 makes it a crime to conspire to kill, maim, or injure persons or damage property in a foreign country; 18 U.S.C. § 2332b makes it a crime to engage in acts of terrorism transcending national boundaries; 18 U.S.C. § 2332a(b) makes it a crime for a national of the United States to use certain weapons of mass destruction outside the United States; 18 U.S.C. § 1116 the murder or manslaughter of foreign officials, official guests, or internationally protected persons a crime; 18 U.S.C. § 1119 makes a foreign murder of a U.S. national a crime; 18 U.S.C. § 32 makes it a crime to destroy aircraft of aircraft facilities within or outside the U.S.; and finally, 49 U.S.C. §§ 46502 - 46507 make it a crime to engage in aircraft piracy or carry a weapon or explosive on an aircraft.

28/E.g. 18 U.S.C. § § 2332a and 2332b

29/While the terrorist financing statutes at 18 U.S.C. §§ 2339A and 2339B each authorize imposition of a period of 15 years incarceration for each violation, under the Sentencing Guidelines, a multiple count conviction could result in a sentence of considerably more time than 15years.

30/The maximum period of incarceration for a single violation of 18 U.S.C. § 1956 is 20 years. The maximum period of incarceration for a single violation of 18 U.S.C. § 1957 is 10 years.

31/U.S. v. Yousef, 1999 WL 714103 (S.D.N.Y. 1999) (defendant convicted of conspiring to bomb U.S. passenger airlines in violation of 18 U.S.C. § 32, the implementing statute of the Montreal Convention) [For list of charges, see U.S. v. Yousef, 925 F. Supp. 1063 (S.D.N.Y. 1996)].

Cf., U.S. v. Rashed, 234 F.3d 1280 (D.C. Cir. 2000)

32/U.S. v. Rezaq, 134 F.3d 1121 (D.C. Cir. 1998) (affirming defendant's conviction for aircraft piracy in violation of 49 U.S.C. § 46501, the implementing statute of the Hague Convention).

Cf., U.S. v. Mena, 933 F.2d 19 (1st Cir. 1991); U.S. v. Pablo-Lugones, 725 F.2d 624 (11th Cir. 1984)

33/U.S. v. Lue, 134 F.3d 79 (2d Cir. 1998) (affirming hostage-taking conviction/plea under 18 U.S.C. § 1203, the implementing legislation for the Hostages Convention). Cf., U.S. v. Lin, 101 F.3d 760 (D.C. Cir. 1996); U.S. v. Lopez-Flores, 63 F.3d 1468 (9th Cir. 1995); U.S. v. Carrion-Caliz, 944 F.2d 220 (5th Cir. 1991)

34/U.S. v. Omar Ahmad Ali Abdel Rahman, et al., S.D.N.Y. (prosecution against ten defendants for conspiracy to bomb the U.N. and other public buildings and facilities and military installations, as well as conspiracy to murder Egyptian President Hosni Mubarak, the latter offense in violation of 18 U.S.C. §§ 1116 and 1117, the implementing statutes for the Internationally Protected Persons Convention; all defendants convicted on all counts; unreported trial court decision; post-trial decision, affirmed in part, remanded in part, 189 F.3d 88 (2d Cir. 1999), cert. denied, 528 U.S. 1094 (2000). Cf., U.S. v. Usama Bin Laden, et al., S.D.N.Y, no reported post-trial decision or appeal; U.S. v. Shirosaki, unreported case, D.D.C. 1998, affirmed without opinion, 194 F.3d 175 (D.C. Cir. 1999), cert. denied, 528 U.S. 1081 (2000)

35/49 U.S.C. §§ 46501, 06

36/49 U.S.C. § 46501-02

37/18 U.S.C. § 31-32, 49 U.S.C. § 46501

38/18 U.S.C. §§ 112, 878, 1116 & 1201(e)

39/18 U.S.C. § 1203

40/18 U.S.C. § 831

41/18 U.S.C. § 37

42/18 U.S.C. § 2280

43/18 U.S.C. § 2281

44/18 U.S.C. §§ 841(o)-(p), 842(l)-(o), 844 (a)(1) & 845(c), 19 U.S.C. § 1595a, 18 U.S.C.§ 842(m)-(o)