Exchanging Operational Information

Since September 11, contacts between U.S law enforcement officials and prosecutors and foreign officials have intensified. Legal Attaches overseas and foreign police authorities regularly share criminal intelligence. Operational information is also exchanged between U.S. and foreign prosecutors. Such exchanges are facilitated through designated "central authorities" under each of the U.S. Mutual Legal Assistance Treaties (MLATs). U.S. authorities and international organizations, such as INTERPOL, share operational information on the detection of fraudulent documents and alerts on terrorist suspects.

Exchanging Information on Arms, Explosives and Weapons of Mass Destruction

The U.S. works with other nations to exchange operational information on terrorists, arms trafficking, explosives or sensitive materials, and weapons of mass destruction threats.

We participate in multilateral export control regimes and encourage information sharing on weapons and associated technology that may be diverted to terrorists.

Wassenaar Arrangement members recently agreed that preventing terrorist access to conventional weapons and associated dual-use items is an important new focus. We continue to take the lead in stressing the value of data exchanges on small arms/light weapons between OSCE and Wassenaar Arrangement countries.

The U.S. National Tracing Center assists other nations to trace U.S.-origin weapons used in terrorist or criminal activities. Our assistance program for weapons stockpile management and security and destruction of surplus weapons is further sharing of information, focusing on countries with a high risk of illicit arms transfers, to keep these weapons from terrorists.

The U.S. also exchanges information through bilateral, regional and multilateral initiatives to eliminate opportunities for terrorists to acquire weapons of mass destruction (WMD). Over 30 countries have cooperated with us to make counterterrorism an important new focus of the Australia Group (chemical/ biological nonproliferation regime).

The work of other regimes -- the Missile Technology Control Regime, the Nuclear Suppliers Group, and the Zangger Committee -- also is relevant to keeping sensitive technologies out of terrorists' hands.

The U.S. works with the International Atomic Energy Agency and other organizations to increase the exchange of information aimed at strengthening controls over WMD-related materials and technologies. This has included export control dialogues, such as the Central Asian State Export Control and Border Security Program.

The G-8 Nonproliferation Experts Group (NPEG) develops action plans to strengthen international instruments to prevent WMD proliferation, protect sensitive materials and facilities, encourage wider adherence to the principles of international export control arrangements, reinforce and better coordinate assistance programs, and enhance information exchange on illicit trafficking of sensitive materials, technology and expertise.
The U.S. is also a key participant in the G-7 Nuclear Safety Working Group (NSWG), which works to strengthen controls on radiological sources.

Technology Transfer and Skills Training

The U.S. uses other programs to enhance exchanges of information among law enforcement agencies. These include the Terrorist Interdiction Program (TIP), which provides information and training to identify terrorist suspects seeking to cross borders, and the Antiterrorism Assistance program, which provides assistance for border patrol and airport security. The U.S. is also helping INTERPOL to modernize equipment for faster transmission of fingerprints and other graphics to TIP participants.

Customs Information and Enforcement

Under U.S. law, air carriers must provide advance passenger information to U.S. Customs by electronic transmission and prior to arrival in the United States. With this information, law enforcement agencies should be able to screen passengers to obtain information about the movement of suspected terrorists while reducing delays for other passengers entering the United States.

U.S Customs maintains mutual assistance agreements with other country's customs agencies, which allow the sharing of information during an investigation on the movements of people and cargo across borders.

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.

We have mutual legal assistance treaties and agreements (see section 2 above for details). These provide for the exchange of information and evidence in investigating and prosecuting criminal offenses, and for the suppression or prevention of such offenses. Law enforcement cooperation to prevent terrorist acts has been enhanced by the broadened use of the U.S. Joint Terrorism Task Force domestically and the Legal Attaché Program internationally.

Our intelligence and national security organizations have active programs to detect, preempt, disrupt, and defeat international terrorism. Many nations cooperate with us in fighting terrorism through information exchanges.

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

We have in place an extensive series of bilateral and multilateral agreements, such as MLATs (see above) for cooperation in preventing terrorist attacks and investigating and prosecuting perpetrators.

In addition, the U.S. is party to ten of the twelve 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. U.S. law enforcement authorities continue to cooperate with their counterparts in various countries around the world on the prevention of terrorist attacks and the investigation and prosecution of those who commit such acts, pursuant to the relevant agreements and other arrangements.

The U.S. has prosecuted and convicted domestic and international terrorists in dozens of cases. Specifically the U.S. has prosecuted cases under U.S. laws implementing the Montreal Convention (Aircraft Sabotage),[31] the Hague Convention (Hijacking),[32] the Hostages Convention,[33] and the Internationally Protected Persons Convention.[34]

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:

The Convention on Offences and Certain Other Acts Committed On Board Aircraft, 1963 ("Tokyo Convention") [35]

The Convention for the Suppression of the Unlawful Seizure of Aircraft, 1970 ("Hague Convention") [36]

The Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, 1971 ("Montreal Convention") [37]

The Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, 1973 [38]

The International Convention Against the Taking of Hostages, 1979 ("Hostages Convention") [39]
The Convention on the Physical Protection of Nuclear Material, 1980 [40]

The Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, 1988, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation [41]

The Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988 [42]

The Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, 1988 [43]

The Convention on the Marking of Plastic Explosives for the Purpose of Detection, 1991 [44]

In addition, the U.S. has signed and expects to ratify in the near future the International Convention for the Suppression of Terrorist Bombings and the International Convention for the Suppression of the Financing of Terrorism. Implementing legislation for both has been submitted to the Congress.

The U.S. has implemented Security Council resolutions 1269 and 1368 by working to become a party to all twelve of the conventions and protocols relating to terrorism, by fully implementing those agreements to which it is a party, and by establishing and implementing the measures discussed elsewhere in this submission.

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?

The U.S. has several measures to ensure that asylum seekers have not been involved in terrorist activity before it grants them refugee status. A directive issued by President Bush on October 29, 2001 creates a Foreign Terrorist Tracking Task Force strengthening existing procedures. The Task Force will coordinate U.S. programs to: (1) deny entry of foreign nationals associated with, suspected of being engaged in or supporting terrorist activity; and (2) locate, detain, prosecute, or deport such foreign nationals in the U.S.

The U.S. grants refugee status in two different forms: a) individuals applying from abroad may be admitted as refugees; b) refugees in the U.S. may be granted asylum. To be eligible for either status, an applicant must establish that he or she is unable or unwilling to return home because of past persecution or well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

The U.S. is a party to the 1967 Protocol Relating to the Status of Refugees, through which it undertook obligations found in the 1951 Convention Relating to the Status of Refugees. U.S. law contains several provisions that, together, implement the grounds for exclusion of refugee status found in the 1951 Convention including denial of refugee status to those involved in terrorist activity.

Under U.S. law, those who apply for refugee status from outside the country are generally subject to the same grounds of inadmissibility as other applicants and cannot be granted refugee status if those grounds apply. Under the law, foreign nationals who engage in terrorist activity are inadmissible (see Section 2(c) above). This provision is enforced in the overseas refugee program through a screening process that relies on applicant interviews by U.S. immigration officials, checks of appropriate information databases, and security referral procedures to review and investigate cases. Experts provide consultative guidance on questionnaires, biometrics and other security mechanisms to immigration officials who adjudicate refugee protection claims.

Slightly different safeguards apply in the domestic program. The law excludes from asylum any person who has engaged or may engage in terrorist activity, who incites terrorist activity, or who is a knowing member of a terrorist organization. Representatives of a terrorist organization, or of certain groups whose endorsement of terrorism undermines U.S. counter terrorism efforts, are also barred from asylum. An individual may also be excluded from asylum if there are good reasons for regarding the individual as a danger to the security of the U.S., or for believing that the individual has committed a serious non-political crime. U.S. law interpreting the serious non-political crime provisions make clear that, even if the crime involves political motivations, it is considered non-political if it is grossly out of proportion to the political objective, or if it involves acts of an atrocious nature. These provisions are enforced by screening procedures relying on fingerprint and identity checks and on databases that have information on criminal and terrorist activity.
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.

Once refugee or asylum status has been granted, U.S. law prohibits the abuse of such status by terrorists. The Foreign Terrorist Tracking Task Force created by Presidential Directive in October 2001 (see 3(f) above) coordinates programs to locate, detain, prosecute, or deport foreign nationals in the U.S. who are suspected of being engaged in or supporting terrorist activity.
Persons admitted from abroad as refugees are subject to removal from the U.S. if they have engaged, or are engaged, in any terrorist activity, notwithstanding their refugee status. Also, in every case, a refugee is required to submit to inspection by INS at the end of one year. An immigration official examines the refugee to determine whether any grounds of inadmissibility apply and may deny the refugee permanent resident status on terrorism grounds.

Similar safeguards ensure terrorists do not abuse asylum. Asylum can be terminated if it is determined that the asylee is subject to any of the bars to asylum, which include specific provisions excluding terrorists, as well as provisions excluding those who have committed serious nonpolitical crimes and those who can reasonability be regarded as a danger to the security of the U.S.

Many modern U.S. extradition treaties provide that the political offense exception to extradition is not available for certain criminal offenses associated with terrorism, e.g. murder or other willful crimes against a head of state or family member and terrorist offenses specified in multilateral international agreements. These treaty provisions are U.S. law and have been applied in a number of cases.

The U.S. also has signed and expects to ratify in the near future two multilateral terrorism conventions, those relating to Terrorist Bombings and Terrorist Financing, which have the effect of limiting the political offense exception to extradition.

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