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United States Department of the Treasury

September 11

The United States Department of the Treasury is one of the federal departments involved in the designation of foreign terrorist organizations and in enforcing the financial consequences of those designations. In the account of the system provided here, its role links interdepartmental decision-making to restrictions on funds held by designated organizations and their agents.

Role in the designation system

The Secretary of State establishes the official list of foreign terrorist organizations jointly with the Attorney General and the Secretary of the Treasury. The designation framework is grounded in the Immigration and Nationality Act, as amended by the Antiterrorism and Effective Death Penalty Act of 1996. Designations normally remain in force for two years; renewal requires an affirmative decision and a determination that the organization remains active in terrorism and meets the statutory criteria.

The Treasury Department also participates in the process surrounding an individual designation. The Secretary of State makes the designation or renewal decision after reviewing a comprehensive report prepared from intelligence-agency information and public sources. The State Department works closely with the Justice and Treasury departments and intelligence services to prepare the detailed administrative record of the organization’s activities. Congress is notified confidentially seven days before a designation is formally published.

Financial measures and implementation

Once an organization is designated, U.S. financial institutions must block funds belonging to the organization and its agents and notify the Treasury Department’s Office of Foreign Assets Control. This gives the department a direct role in implementing the designation through the financial system, in addition to its participation in the interagency process that supports the Secretary of State’s decision.

The stated effects of designation extend beyond the blocking of funds. The framework is intended to discourage donations or contributions and to stigmatize and isolate designated organizations internationally. These consequences make designation both an administrative classification and a mechanism for restricting financial support.

Review, renewal, and limits

A designation may be challenged in federal court. In defending the Secretary of State’s decision, the government relies on the administrative record, which contains intelligence information and is confidential. The law also allows the Secretary of State to add groups at any time after consulting the Attorney General and the Secretary of the Treasury, or to revoke a designation after determining that revocation is justified and notifying Congress.

The two-year expiration rule makes renewal a deliberate decision rather than an indefinite continuation: the Secretary of State must establish that the organization remains active in terrorism and still meets the statutory requirements. The Treasury Department’s part in consultation and financial enforcement places it within a system that joins periodic administrative review to tangible restrictions on organizational funds.

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