International Law Expert Commentary
6/19/2008 11:03:41 AM EST
Background Explanation of Various Terrorist Lists
Posted by AME3bg
Confused by the different terrorist lists? So are many people. LexisNexis® Expert Commentaries provides a concise explanation of the Foreign Terrorist Organizations List, the Terrorist Exclusion List, the Specially Designated Terrorists List, the Specially Designated Global Terrorist List, and others. Some involve blocked assets and trouble for anyone dealing with a person or entity on the list, some "merely" prevent someone from entering the United States, and some can involve civil penalties and even criminal punishment. So it's important that you - and your clients - understand what these lists are. Here’s an excerpt:  
Is the Foreign Terrorist Organizations list what airlines (and soon ships) check passenger names against? No, they check against the Terrorist Screening Center’s Terrorist Watchlist — which would include members of FTOs. What are the “No-Fly” and “Selectee” lists? Are they different? No, they are pieces of the Terrorist Watchlist. People on the “No-Fly” list are not to be allowed to fly. “Selectees” are to receive additional screening.
 
The courts lately have been seeing many, many cases involving “name checks” for people applying for citizenship or lawful permanent resident status. Is the name check the same thing? Not really. The FBI name check includes a check of the person’s fingerprints and criminal record, as well as a database that may overlap the Terrorist Watchlist, but the idea is to see whether the person is of good enough character. In other words, more than associations with terrorism is involved. How about the Terrorist Exclusion List? That also is different.
 
If you have a subscription to lexis.com, you can purchase the entire Expert Witness Commentary.
 
For more information, see
 
31 C.F.R. Ch. V, especially 31 C.F.R. § 594.101 to Ch. V, App. B.
 
Steve C. Posner, Privacy Law and the USA PATRIOT Act chs. 3 and 5.
 
U.S. Department of State “Related Links” page at http://www.state.gov/e/eeb/c9985.htm.

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