PMW report: Four Loopholes in US anti-terror law
PMW |
Special Report - June 16, 2004
Four Loopholes in US anti-terror law
Flaws in US law enable recipients to support anti-American activities and promote terror
by Itamar Marcus and Barbara Crook
Executive Summary
Four flaws in the Anti-Terrorism Certification requirement:
1. Exempted Recipients
2. Ignoring the Money Chain
3. Ignoring Fungibility of Budgets
4. Defining and Renouncing Terror
6 Recommendations for legislation to close the loopholes
1. Recommendation #1
2. Recommendation #2
3. Recommendation #3
4. Recommendation #4
5. Recommendation #5
6. Recommendation #6
Summary of all 6 Recommendations
Executive Summary
The Study:
An integral component of the United States’ war on international terrorism is to cut off funding to terrorists and their supporters. This special report examines the deficiencies in US anti-terror laws. It demonstrates how US anti-terrorist policy is being undermined in the Palestinian Authority (PA) areas, and documents examples in which recipients of US money are involved in anti-American activities and terror promotion.
Findings:
Current US law is severely flawed, with loopholes that allow US money to end up in the hands of those that promote terror, glorify terrorists, and sponsor anti- American activities.
At the center of US policy is the requirement that organizations receiving US funding obligate themselves not to support or promote terror by signing an anti-terror clause called the Anti¬Terrorism Certification (ATC). (See ATC text: Appendix 1). The Palestinian Authority and its NGOs have adamantly rejected the US anti-terror conditions. (See Appendix 2). This universal rejection was reiterated in a vote of the PA Legislature this month:
"The [Palestinian] Legislative [Council] rejects USAID (United States Agency for International Development) conditions regarding support to local organizations (NGOs)... [that is signing] a commitment not to support, finance, or join activities of institutions or individuals of terrorist nature, by the known American definition.” [Al-Hayat Al-Jadida (Fatah), June 2, 2004]
It is paradoxical that in spite of the universal rejection by the PA and Palestinian NGOs (Non-Governmental Organizations) of the US anti- terror requirement, USAID continues to fund numerous projects in PA areas, totaling more than $174 million in 2003, with similar funding planned for 2004. (http://www.usaid.gov/policv/budget/cbi2005/summarv.html). This flow of US money continues to PA areas because of loopholes in the current US law that allow US money to end up benefiting those who refuse to sign the Anti-Terrorism Certification as well as those who reject its anti-terror terms. This report examines those loopholes.
For example, US money continues to be used to honor terrorists, including murderers of Americans. Last month the PA inaugurated the “Martyr Salakh Khalaf (soccer) Stadium” built by USAID at a cost of $500,000 (Al-Hayat Al-Jadida (Fatah), May 9, 2004). Salakh Khalaf, better known as Abu Iyad, was head of the Black September terrorist organization, and was responsible for the murder of two American diplomats, Cleo Allen Noel, Jr. and George Curtis Moore in Sudan in 1973, and the murder of 11 Israeli athletes at the Munich Olympics in 1972. The following appeared this week in the PA daily:
"The Shahid [Martyr] Salakh Khalaf [Abu Iyad] Stadium was inaugurated [Friday]. speeches were made by UNICEF representative in Palestine, Jonathan Hutchen... [and] in the name of USAID, who financed the project. Deputy Minister of Youth and Sport, Dr. Jamal Muhaisen, thanked the sponsoring and supporting agencies and praised the management of the Shahid (Martyr) Salakh Khalaf Center. which is considered one of the most important and of the biggest sport centers ... Honor shields were presented by the Ministry of Youth and Sport to Save the Children [and to] USAID.” [Al-Hayat Al-Jadida (Fatah), May 30, 2004]
Another recent striking example is one in which the same article describing use of funds by the Gaza City Council to honor terrorists also cites the transfer of $10,000 of USAID money to the same Gaza City Council, albeit for different projects.
"The Gaza City Council decided, in a recent meeting, to name a street after the distinguished Shahid (Martyr) Sheik, Ahmad Yassin (leader of the Hamas terror organization that killed hundreds through suicide bombings) as memorial and honor to his sacrifice and struggle. The city spokesman, Nasser Al-Sawir... said that the City Council, since the beginning of its tenure - 10 years ago - has named more than 300 city streets after Palestinian and Arab Martyrs ... The City Council reported that the USAID decided to grant the city $10,000 in the framework of the "Cash Transfer” project. to cover part of the expenses of repairing the damage to the water and sewage systems ...” [Al-Hayat Al-Jadida (Fatah), May 24, 2004]
Clearly, there are serious flaws in the American law.
Four flaws in the Anti-Terrorism Certification requirement:
1. Exempted Recipients
The law exempts numerous categories of recipients and services; thus bypassing the ATC is relatively simple.
2. Ignoring the Money Chain
US law does not place sufficient restrictions on the way primary recipients, including international organizations receiving US money such as the World Bank and the United Nations (UN), give out money originating in the US.
3. Ignoring Fungibility of Budgets
US funding agencies routinely ignore terror promotion and anti-American activities of recipients when these activities are not directly funded by US money.
4. Defining and Renouncing Terror
The PA and its NGOs disagree with the US definition of terror.
Analysis in Depth: