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Anti-Terrorism Act of 1987

From Wikipedia, the free encyclopedia
United States Law of 1987

Anti-Terrorism Act of 1987
Great Seal of the United States
Long titleA bill to make unlawful the establishment or maintenance within the United States of an office of thePalestine Liberation Organization, and for other purposes.
NicknamesForeign Relations Authorization Act of 1988
Enacted bythe100th United States Congress
EffectiveMarch 21, 1988
Citations
Public lawPub. L. 100–204
Statutes at Large101 Stat. 1406
Codification
Titles amended22 U.S.C.: Foreign Relations and Intercourse
U.S.C. sections created22 U.S.C. ch. 61 § 5201 et seq.
Legislative history

Anti-Terrorism Act of 1987 originated in the100th United States Congress as four articles ofanti-terrorism legislation. TheUnited States House of Representatives billH.R. 2587 was endorsed by eighty cosponsors while theUnited States Senate billS. 1203 was endorsed by forty-nine cosponsors of the 100th United States Congress. TheAct of Congress established prohibitions concerning the preoccupation of thePalestine Liberation Organization as aterrorist organization creating instability and meddling in thediplomatic relations of theArab League andMiddle East.

The Anti-Terrorism Act is an affiliate of the Foreign Relations Authorization Act of 1988 and 1989. The Foreign Relations Authorization Act was codified as Public Law 100-204 bound as statute 101 Stat. 1331. The United States House billH.R. 1777 was authorized by the 100th United States Congress and enacted into law byRonald Reagan on December 22, 1987.[1][2]

History

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United States Foreign Policy Statute of 1969

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Main article:Foreign Assistance Act

Foreign Assistance Act of 1969, (Pub. L. 91–175,22 U.S.C. ch. 32, subch. I § 2221}), was a United States federal statute enacted into law by the37th President of the United States Richard Nixon on December 30, 1969.[3][4] The Act of Congress was the first United States legislative article to acknowledge thePalestine Liberation Organization as amilitant force venerating thetactics of terrorism in theFertile Crescent andLevant geographies of theEastern Mediterranean orMediterranean Basin.[5][6]

22 U.S.C. § 2221 ~ Palestine Refugees; Conditions for Furnishing Assistance

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International Organizations and Programs

No contributions by the United States shall be made to theUnited Nations Relief and Works Agency forPalestine Refugees in theNear East except on the condition that the United Nations Relief and Works Agency take all possible measures to assure that no part of the United States contribution shall be used to furnish assistance to any refugee who is receiving military training as a member of the so-calledPalestine Liberation Army or any otherguerrilla type organization or who has engaged in any act ofterrorism.[7]

Thomas E. Morgan, United States House Representative of Pennsylvania[8]
91st United States Congress - 83 Stat. 805 ~ H.R. 14580[9]
October 29, 1969

Declaration of the Act

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Anti-Terrorism Act of 1987 was penned as five sections establishing reprehensible conditions with regards toPalestine Liberation Organization relations and conductinganarchist activities within the United States. Thepublic law is declared asTitle X - Anti-Terrorism Act of 1987.

Anti-Terrorism Act of 1987 as short title -101 Stat. 1406 § 1001

Determinations and Findings -101 Stat. 1406-1407 § 1002

Determinations -101 Stat. 1407 § 1002

United States Congress determines the Palestine Liberation Organization and affiliates are a terrorist organization. The anarchist organization poses a peril threat to the interests of the United States, its allies, andinternational law. The Palestine Liberation Organization should not benefit from operating in the United States.

Prohibitions Regarding the PLO -101 Stat. 1407 § 1003

For the purpose of the Anti-Terrorism Act of 1987, it is unlawful to further the interests of the Palestine Liberation Organization, any constituent groups, any successor to any of those, and any agents thereof;
(1) To receive anything of value except informational material from the PLO or any of its constituent groups, any successor thereto, or any agents thereof;
(2) To expend funds from the PLO or any of its constituent groups, any successor thereto, or any agents thereof;
(3) Notwithstanding any provision of law to the contrary, to establish or maintain an office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States at the behest or direction of, or with funds provided by the Palestine Liberation Organization or any of its constituent groups, any successor to any of those, or any agents thereof.

Enforcement -101 Stat. 1407 § 1004

United States Attorney General shall institute the necessary legal action to effectuate the policies and provisions of this title
Any district court of the United States for a district in which a violation of this title occurs shall have authority, upon petition of relief by the United States Attorney General, to grant injunctive and such other equitable relief as it shall deem necessary to enforce the provisions of this title

Effective Date -101 Stat. 1407 § 1005

Provisions of this title shall take effect 90 days after the date of enactment of this Act

Termination -101 Stat. 1407 § 1005

Provisions of this title shall cease to have effect if the President certifies in writing to the' President pro tempore of the Senate and the Speaker of the House that the Palestine Liberation Organization, its agents, or constituent groups thereof no longer practice or support terrorist actions anywhere in the world

Enactment

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The Reagan Administration sought to negotiate with Congress to prevent closure of the PLO mission at the United Nations, in fear that doing so would spark worldwide criticism. Legal Advisor to the State Department,Abraham Sofaer, sent a memorandum to Secretary of State George Shultz, explaining that, although the PLO was not legally entitled to an office at the UN, the U.S. should prevent its closure.[13] More specifically, Sofaer’s memorandum explained that the legal status of permanent UN observers (like the PLO) was not clarified in the 1947 Headquarters Agreement, meaning that the US could argue it had no legal obligations to treat observer missions with any immunities. However, the memo concluded, closing the PLO mission would run contrary to 40 years of practice under the Agreement.

In a later interview with the New York Times, Sofaer, speaking on behalf of the Administration, said that closing the PLO UN office would violate the 1947 Headquarter Agreements and result in a suit against the United States in the International Court of Justice.[14] He added that the ongoing congressional debate “has the clear implication that Congress doesn’t care if it violates international law.”[15]

Ultimately, despite the Administration’s objections. Congress enforced closure of the PLO mission. The New York Times recognized Sofaer as someone who understood the foolishness of this decision:

"Abraham D. Sofaer, the State Department's legal adviser, has understood the serious implications of this political foolishness. He has urged that action be held up, pending a legal ruling, lest American peace efforts in the Middle East be undermined. He sees the risk of damage to the interests of the United States and Israel."[16]

See also

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Associated Statutes of United States

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Resolutions of United Nations Security Council

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References

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  1. ^Reagan, Ronald W. (December 22, 1987)."Statement on Signing the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 - December 22, 1987".Hathitrust Digital Library. Washington, D.C.: National Archives and Records Service. pp. 1541–1542.
  2. ^Peters, Gerhard; Woolley, John T."Ronald W. Reagan: "Statement on Signing the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989" December 22, 1987".The American Presidency Project. University of California - Santa Barbara.
  3. ^Nixon, Richard M. (December 31, 1969)."Statement on Signing the Foreign Assistance Act of 1969 - December 31, 1969".Hathitrust Digital Library. Washington, D.C.: U.S. National Archives and Records Service. pp. 1047–1048.
  4. ^Peters, Gerhard; Woolley, John T."Richard M. Nixon: "Statement on Signing the Foreign Assistance Act of 1969" December 31, 1969".The American Presidency Project. University of California - Santa Barbara.
  5. ^Nixon, Richard M. (September 25, 1972)."Memorandum Establishing a Cabinet Committee To Combat Terrorism - September 25, 1972".Hathitrust Digital Library. Washington, D.C.: U.S. National Archives and Records Service. pp. 912–913.
  6. ^Nixon, Richard M. (September 27, 1972)."Statement About Action To Combat Terrorism - September 27, 1972".Hathitrust Digital Library. Washington, D.C.: U.S. National Archives and Records Service. pp. 921–922.
  7. ^"International Organizations and Programs ~ 83 Stat. 819" [Foreign Assistance Act of 1969 ~ Pub. L. 91-175](PDF).83 Stat. 805 ~ House Bill 14580. U.S. Government Publishing Office. December 30, 1969.
  8. ^"H.R. 14580 ~ Foreign Assistance Act of 1969 Introduced in 91st Congress".Congressional Record of 91st U.S. Congress, First Session ~ U.S. House of Representatives.115 (24). Congress.gov: 32108. October 29, 1969.
  9. ^"Foreign Assistance Act of 1969 ~ H.R. 14580".Pub. L. 91-175 ~ 83 Stat. 805. 91st Congress (1969-1970). Congress.gov. October 29, 1969.
  10. ^Sabasteanski, Anna."Patterns of Global Terrorism 1985-2005" [U.S. Department of State Reports with Supplementary Documents and Statistics].Patterns of Global Terrorism. Vol. 1. Great Barrington, Massachusetts: Berkshire Publishing Company.ISBN 0974309133.OCLC 61724353 – via Internet Archive.
  11. ^Sabasteanski, Anna."Patterns of Global Terrorism 1985-2005" [U.S. Department of State Reports with Supplementary Documents and Statistics].Patterns of Global Terrorism. Vol. 2. Great Barrington, Massachusetts: Berkshire Publishing Company.ISBN 0974309133.OCLC 61724353 – via Internet Archive.
  12. ^"Francis Edward Meloy Jr. (1917–1976)".Office of the Historian ~ Foreign Service Institute. United States Department of State.
  13. ^name="CQ1988">Congressional Quarterly, ed. (1989). "Palestine Liberation Organization (PLO) Observer Mission to the United Nations Remains Open".CQ Almanac 1988 (44th ed.). Washington, D.C.: Congressional Quarterly. pp. 517–519.
  14. ^name="Lewis1988">Lewis, Anthony (February 14, 1988)."Abroad at Home; How to Lose Influence".The New York Times (Opinion). RetrievedSeptember 14, 2025.
  15. ^name="Sciolino1988">Sciolino, Elaine (January 13, 1988)."State Dept. Adviser Says Shutting P.L.O. Mission Would Break Law".The New York Times. RetrievedSeptember 14, 2025.
  16. ^name="Lewis1988">Lewis, Anthony (February 14, 1988)."Abroad at Home; How to Lose Influence".The New York Times (Opinion). RetrievedSeptember 14, 2025.

External links

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Related United States Congressional legislation

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H.R. 4078 - Repeal of Anti-Terrorism Act of 1987 atCongress.gov
H.R. 4522 - PLO Accountability Act atCongress.gov
S. 2537 - PLO Accountability Act atCongress.gov
S. 1060 - PLO Accountability Act of 2017 atCongress.gov

Communiqués of U.S. Department of State

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Statements of Ronald Reagan administration

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Judicial records of United States district courts

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Informational and supplementary resources

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