HOUSE JUDICIARY COMMITTEE'S SUBCOMMITTEE ON CRIME: HEARING ON TERRORISM

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP94M00837R000300220003-0
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 27
• Document Creation Date: December 23, 2016
• Document Release Date: March 5, 2014
• Sequence Number: 3
• Publication Date: May 31, 1989
• Content Type: MEMO

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HEARING BEFORE THE SUBCOMMITTEE ON CRIME
of the
HOUSE COMMITTEE ON THE JUDICIARY
on
LEGISLATION ENACTED IN 1986
RELATING TO EXTRATERRITORIAL JURISDICTION
OVER TERRORISTS ACTS ABROAD
(18 U.S.C. ?2331)
Wednesday, May 31, 1989
10:00 a.m.
2226 Rayburn House Office Building
WITNESSES:
1. Mr. Oliver B. Revell, Executive Assistant Director,
Investigations, Federal Bureau of Investigation, U.S.
Department of Justice
2. Mr. Ronald K. Noble, Special Counsel and Chief of Staff,
Criminal Division, U.S. Department of Justice
3. Mr. Alvin P. Adams, Associate Coordinator for Counter-
terrorism, U.S. State Department
4. Representatives of the Central Intelligence Agency
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U.S. Department of Justice
Federal Bureau of Investigation
Washington, D.C. 20535
OPENING STATEMENT
OF
OLIVER B. REVELL
EXECUTIVE ASSISTANT DIRECTOR
FEDERAL BUREAU OF INVESTIGATION
BEFORE AN
OPEN SESSION OF THE
SUBCOMMITTEE ON CRIME
COMMITTEE ON THE JUDICIARY
UNITED STATES HOUSE OF REPRESENTATIVES
WASHINGTON, D.C.
MAY 31, 1989
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MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE, I AM
PLEASED TO APPEAR BEFORE YOU TO DISCUSS THE LEGISLATION ENACTED
IN 1986 RELATING TO EXTRATERRITORIAL JURISDICTION OVER TERRORIST
ACTS ABROAD AND THE FBI'S ENFORCEMENT ROLE IN THIS ARENA.
INTRODUCTION
THE U.S. GOVERNMENT'S RESPONSE TO ACTS OF TERRORISM IS
BASED LARGELY ON THE LEAD AGENCY CONCEPT. THE U.S. DEPARTMENT OF
STATE (USDS) HAS LEAD AGENCY RESPONSIBILITY FOR COORDINATING THE
UNITED STATES' OVERALL RESPONSE TO TERRORIST INCIDENTS ABROAD AND
THE FBI HAS RESPONSIBILITY FOR MANAGING THE RESPONSE TO INCIDENTS
OCCURRING IN THE UNITED STATES. A VARIETY OF STATUTES GIVE THE
FBI AUTHORITY TO INVESTIGATE TERRORIST CRIMES COMMITTED OVERSEAS.
CHIEF AMONG THESE ARE TITLE 18, UNITED STATES CODE (USC),
SECTION 1203, (HOSTAGE TAKING) WHICH BECAME EFFECTIVE IN 1985 AND
DOES NOT REQUIRE SPECIFIC TERRORIST INVOLVEMENT, AND TITLE 18,
USC, SECTION 2331, (TERRORIST ACTS ABROAD AGAINST U.S. NATIONALS)
WHICH WAS ENACTED IN 1986 AND EXPANDS FEDERAL EXTRATERRITORIAL
JURISDICTION TO ACTS OF VIOLENCE COMMITTED AS PART OF A TERRORIST
ACT. THESE STATUTES WERE ENACTED TO PROTECT U.S. CITIZENS ABROAD
FROM TERRORIST ATTACKS AND TO PROVIDE A LEGAL VEHICLE BY WHICH
TERRORISTS COULD BE PROSECUTED IN THE UNITED STATES FOR CERTAIN
CRIMES COMMITTED OVERSEAS. THESE STATUTES ALSO HAVE DEMONSTRATED
OUR COUNTRY'S RESOLVE TO TREAT TERRORISM AS A CRIME.
THE FBI ALSO HAS EXTRATERRITORIAL JURISDICTION AS A
RESULT OF OTHER CRIMINAL STATUTES THAT MAY BE APPLICABLE IN
TERRORIST INCIDENTS. AMONG THESE STATUTES ARE TITLE 18, USC,
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SECTION 32 (DESTRUCTION OF AIRCRAFT OR AIRCRAFT FACILITIES);
SECTION 1116 (MURDER OR MANSLAUGHTER OF FOREIGN OFFICIALS,
OFFICIAL GUESTS, OR INTERNATIONALLY PROTECTED PERSONS); AND
TITLE 49, USC, SECTION 1472 (CRIMINAL PENALTIES - AIRCRAFT
PIRACY AND CRIMES ABOARD AIRCRAFT).
SECTIONS 1203 (HOSTAGE TAKING) AND 2331 (TERRORIST ACTS
AGAINST U.S. NATIONALS ABROAD) HAVE LANGUAGE THAT FOCUSES ON
TERRORISM. SECTION 1203 HAS AN EXTRATERRITORIAL EFFECT WHEN THE
OFFENDER OR THE PERSON SEIZED OR DETAINED IS A NATIONAL OF THE
UNITED STATES; OR THE OFFENDER IS FOUND IN THE UNITED STATES; OR
THE GOVERNMENTAL ORGANIZATION SOUGHT TO BE COMPELLED BY THE
PROSCRIBED ACTS IS THE GOVERNMENT OF THE UNITED STATES. UNDER
SECTION 2331, PROSECUTION CAN ONLY BE SOUGHT AFTER THE ATTORNEY
GENERAL, OR THE HIGHEST RANKING SUBORDINATE TO THE ATTORNEY
GENERAL WITH RESPONSIBILITY FOR CRIMINAL PROSECUTIONS, CERTIFIES
IN WRITING THAT, IN HIS JUDGMENT, THE VIOLATION OF THIS STATUTE
WAS INTENDED TO COERCE, INTIMIDATE, OR RETALIATE AGAINST A
GOVERNMENT OR CIVILIAN POPULATION.
THE FBI ROLE
THE ROLE OF THE FBI WHEN CONDUCTING OVERSEAS TERRORISM
INVESTIGATIONS IS TO IDENTIFY SUBJECTS, INTERVIEW VICTIMS, AND
COLLECT OTHER EVIDENCE THAT CAN BE USED FOR CRIMINAL PROSECUTION.
WHEN SUBJECTS ARE IDENTIFIED AND LOCATED, ATTEMPTS ARE MADE TO
OBTAIN THEIR PRESENCE IN THE UNITED STATES THROUGH LEGAL MEANS
SUCH AS EXTRADITION. SUCCESSFUL PROSECUTION IS THE ULTIMATE
GOAL.
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INTERAGENCY COOPERATION
THE LEAD AGENCY CONCEPT PRESUPPOSES THAT THE LEAD
AGENCY WILL COORDINATE AND FACILITATE AN APPROPRIATE U.S.
GOVERNMENT RESPONSE TO ACTS OF TERRORISM AND RECOGNIZES THAT MANY
FEDERAL AGENCIES, AND SOMETIMES LOCAL AND STATE AUTHORITIES, HAVE
RESPONSIBILITIES IN THE COUNTERTERRORISM AREA. U.S. GOVERNMENT
POLICY ON COUNTERTERRORISM IS ESTABLISHED THROUGH THE MEDIUM OF
SEVERAL DIFFERENT COMMITTEES SUCH AS THE POLICY COORDINATING
COMMITTEE ON TERRORISM.
IN RESPONSE TO TERRORIST INCIDENTS, THE STRATEGY CALLS
FOR THE LEAD AGENCY TO ESTABLISH AND MAINTAIN A WORKING GROUP
ENVIRONMENT TO DISCHARGE ITS PRIMARY RESPONSIBILITIES AND ALSO TO
COORDINATE THE EFFORTS OF ALL OTHER AGENCIES INVOLVED IN THE
RESPONSE. ACCORDINGLY, THE USDS AND THE FBI, AS WELL AS VARIOUS
OTHER AGENCIES, MAINTAIN STRATEGIC OPERATION CENTERS THAT ENABLE
COMMUNICATION AMONG THE AGENCIES DURING OVERSEAS CRISIS
INCIDENTS.
FBI PROCEDURES
THE FBI'S NORMAL PROCEDURES IN THESE INVESTIGATIONS ARE
AS FOLLOWS: UPON RECEIPT OF INFORMATION THAT A POSSIBLE
TERRORISM ACT IN VIOLATION OF AN EXTRATERRITORIAL CRIMINAL
STATUTE HAS OCCURRED, A DETERMINATION IS MADE WHETHER THE FBI HAS
JURISDICTION TO CONDUCT AN EXTRATERRITORIAL INVESTIGATION.
DETAILS OF THE INCIDENT ARE PRESENTED TO THE DEPARTMENT OF
JUSTICE (DOJ) FOR A PROSECUTIVE OPINION. ONCE IT IS DETERMINED
THAT THE VIOLATION IS WITHIN FBI JURISDICTION, FBI HEADQUARTERS
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DETERMINES IF THE EXTRATERRITORIAL INVESTIGATION WILL BE HANDLED
SOLELY BY OUR LEGAL ATTACHES OR WHETHER ADDITIONAL FBI PERSONNEL'
WILL BE SENT ABROAD TO ASSIST IN THE INVESTIGATION.
THE FBI'S WASHINGTON METROPOLITAN FIELD OFFICE IS
GENERALLY DESIGNATED AS THE LEAD FBI FIELD OFFICE WHICH MEANS IT
HAS PRIMARY FIELD INVESTIGATIVE RESPONSIBILITY. THIS IS BECAUSE
PROSECUTIVE VENUE WILL USUALLY BE IN THE DISTRICT OF COLUMBIA.
INVESTIGATIVE AND LABORATORY PERSONNEL AS WELL AS LANGUAGE
SPECIALISTS ALSO ARE AVAILABLE FROM FBI HEADQUARTERS AND OTHER
FIELD OFFICES IF NEEDED FOR QUICK DEPLOYMENT TO THE CRIME SCENE.
THE FACT THAT THE UNITED STATES HAS LAWS GRANTING
EXTRATERRITORIAL JURISDICTION DOES NOT IMPLY THAT THE FBI CAN
BECOME OPERATIONAL IN A FOREIGN COUNTRY WITHOUT THAT COUNTRY'S
PERMISSION. THE FBI WILL DEPLOY A TEAM OF INVESTIGATORS ONLY
AFTER COORDINATION WITH USDS. IN EXTRATERRITORIAL CASES, THE
FOREIGN ASPECTS OF OUR INVESTIGATIONS ARE CONDUCTED WITH THE
APPROVAL AND COOPERATION OF THE HOST GOVERNMENT.
SINCE 1985, IN 22 FBI INVESTIGATIONS, INVESTIGATIVE
PERSONNEL HAVE BEEN DISPATCHED ABROAD AS A RESULT OF A U.S.
CITIZEN OR INTEREST BEING TARGETED BY TERRORISM. FOR EXAMPLE,
THE INVESTIGATION OF THE PAN AM FLIGHT 103 AIR DISASTER IS
CURRENTLY BEING CONDUCTED BY FBI PERSONNEL IN CONJUNCTION WITH
GERMAN, SCOTTISH AND ENGLISH LAW ENFORCEMENT AUTHORITIES.
? ADDITIONALLY, PERSONNEL AT FBI HEADQUARTERS AND IN VIRTUALLY ALL
OF OUR 58 FIELD OFFICES AS WELL AS MANY OF OUR LEGAL ATTACHES
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ABROAD HAVE PARTICIPATED IN THIS WORLDWIDE INVESTIGATION. IN
ANOTHER CASE, BASED UPON THE CONCURRENCE OF THE PHILIPPINE
GOVERNMENT AND WITH USDS COUNTRY CLEARANCE, ON APRIL 21, 1989,
THE FBI DISPATCHED PERSONNEL TO THE PHILIPPINES. THEY ARRIVED ON
APRIL 23, 1989, AND ARE INVOLVED IN THE INVESTIGATION OF THE
ASSASSINATION OF COLONEL ROWE. FINALLY, ON MAY 26-27, 1989, THE
FBI DISPATCHED PERSONNEL TO LA PAZ, BOLIVIA, TO INVESTIGATE THE
MAY 24, 1989 ASSASSINATION OF TWO MORMON MISSIONARIES.
THE FBI AND THE DOJ ARE COMMITTED TO A VIGOROUS EFFORT
TO USE THE STATUTES THAT CONGRESS HAS GIVEN US TO DETECT,
INVESTIGATE AND PROSECUTE TERRORISTS THAT VIOLATE OUR LAWS
WHEREVER THEY MIGHT BE.
CONCLUSION
THIS CONCLUDES MY PREPARED REMARKS, MR. CHAIRMAN. I
WILL BE PLEASED TO ADDRESS THE QUESTIONS OF THE COMMITTEE.
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STATEMENT
OF
RONALD K. NOBLE
SPECIAL COUNSEL
CRIMINAL DIVISION
BEFORE
THE
SUBCOMMITTEE ON CRIME
COMMITTEE ON THE JUDICIARY
UNITED STATES HOUSE OF REPRESENTATIVES
CONCERNING
EXTRATERRITORIAL JURISDICTION OVER TERRORISTS
ACTS AGAINST UNITED STATES NATIONALS
ON
MAY 31, 1989
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My name is Ronald R. Noble. I am Special Counsel and
Chief of Staff of the Criminal Division of the United States
Department of Justice. It is a pleasure for me to testify
today before this Subcommittee on the usefulness of 18 U.S.C.
S2331 (Terrorist acts abroad against United States nationals).
Section 2331 of title 18, U.S.C., makes it a federal crime
for a terrorist to kill or seriously injure any United States
national who is outside the United States. It also makes it a
federal crime for a terrorist outside of the United States to
conspire to kill any United States national regardless where
the national is located. Section 2331 was enacted by the
Congress on August 27, 1986 as an additional legal weapon to be
used against international terrorists. Along with other
federal extraterritorial criminal statutes, such as aircraft
piracy (49 U.S.C. App. S1472(i) and (n)), aircraft sabotage (18
U.S.C. S32), offenses against U.S. diplomats and
internationally protected persons (18 U.S.C. SS112, 878, 1116,
1201(a)(4)) and hostage taking (18 U.S.C. S1203), section 2331
provides another legal predicate to confront international
terrorists who attack U.S. persons and interests overseas. The
Department of Justice worked closely with the Congress in the
formulation of section 2331, and we have found it to be useful
in the investigation and prosecution of international terrorist
matters.
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Section 2331 is not intended to reach the murder of every
U.S. national overseas. Instead, the legislation was carefully
drafted to apply only to those acts intended to coerce,
intimidate, or retaliate against a government or a civilian
population. Hence, the section clearly covers murder of
U.S. nationals overseas by a terrorist, but it does not
encompass more common murders, e.g., a death resulting from a
bar room brawl or violent domestic disputes. Proper
application of the section is ensured by requiring a written
certification by the Attorney General (or the highest ranking
subordinate of the Attorney General with responsibility for
criminal prosecutions) that in his/her judgment such offense
was intended to coerce, intimidate, or retaliate against a
government or a civilian population.
Since its enactment, section 2331 has often been used as
one of the legal bases to initiate a criminal investigation by
the Federal Bureau of Investigation (FBI) if a terrorist attack
overseas involved a murder or serious bodily injury to a
U.S. national. If no serious bodily injury to a national
occurred, the section could still be utilized if there was
sufficient evidence to show an intent to murder or seriously
harm a U.S. national. Often, however, in cases of no serious
bodily injury, the necessary intent is not always evident.
The Attorney General has approved two prosecutions
pursuant to subsection 2331(e). In fact, the first
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certification related to the violent terrorist attack on
Pan American Airways Flight #73 on September 5, 1986, at the
Karachi International Airport in Pakistan. This attack
occurred only 10 days after the enactment of the legislation.
In Pan Am #73, the flight had arrived in Karachi from Bombay,
India and was in the process of boarding passengers for its
scheduled departure to New York City when four terrorists
attacked the 747 aircraft. One of the passengers executed by
the terrorists early in the episode was a recently naturalized
U.S. citizen. Subsequently during the ordeal, other
U.S. nationals on the flight were seriously injured. The
second certification by the Attorney General involved a
terrorist matter for which a federal complaint has been filed
and an arrest warrant issued. However, the complaint and
warrant have been sealed by the court pending the perpetrator's
arrest. Hence, I am not at liberty to further publicly discuss
that matter.
The Department has experienced no legal problems with the
statute as drafted. The necessity of the existence of an
intent to seriously harm a U.S. national when no harm has
actually occurred is, on balance, a reasonable statutory
requirement considering the difficulties and cost of an
overseas investigation.
Upon receipt of information indicating a possible
section 2331 violation, the FBI seeks from the appropriate
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component of the Criminal Division an initial prosecutive
opinion as to whether the section appears to have been violated
and whether under the circumstances any investigation is
warranted. The FBI's handling of the authorized investigations
has been exemplary considering the fact that any investigation
in a foreign country requires approval of the host country as
well as the cooperation of the head of the involved
U.S. mission (i.e., the U.S. Ambassador to the host country.)
When the FBI has been permitted to enter the host country, it
has worked well, in our judgment, with the foreign law
enforcement agencies. I will defer to my colleague at the FBI
for a more detailed explanation of how the FBI investigates
violations of section 2331.
This completes my prepared remarks.
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REGARDING OVERSIGHT OF
"EXTRATERRITORIAL JURISDICTION OVER TERRORIST
ACTS ABROAD AGAINST UNITED STATES NATIONALS."
By
AMBASSADOR ALVIN P. ADAMS
ASSOCIATE COORDINATOR, OFFICE OF COUNTERTERRORISM
DEPARTMENT OF STATE
May 31, 1989
Mr. Chairman:
Thank you for the opportunity to testify on behalf of the
State Department regarding the 1986 law which makes terrorist
attacks of murder or assault against Americans overseas a crime
punishable in American courts.
The legislation under review was passed as part of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986
(P.L. 99-399). The specific section, as you know, is titled
"Extraterritorial Jurisdiction over Terrorist Acts Abroad
Against United States Nationals." It is now firmly part of the
arsenal of tools on which we rely to combat international
terrorism. We very much support this statute, its objectives
and its application.
The State Department strongly supported this legislation in
the 99th Congress and we worked for its passage as part of the
1986 Diplomatic Security and Antiterrorism Act of 1986. The
legislation was a natural extension of other areas of
extraterritorial jurisdiction which were accorded by Congress
in the implementing legislation of treaties addressing various
international terrorist crimes.
As we testified at a 1985 Congressional hearing on the
proposed statute, the legislation "emphasizes the view of the
United States that criminal acts by terrorists, particularly
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murder and attempted murder, are crimes which require
punishment." Its adoption marked an important step forward in
extending the legal instruments available to us in combatting
terrorism. It also underscored the resolve of the United
States to act vigorously to end a pattern of terrorist
incidents in which Americans had been murdered. These
incidents included the murder of four American military men and
two civilians at a cafe in El Salvador, the murder of two
A.I.D. auditors aboard a Kuwaiti airliner hijacked to Iran in
1984 and, of course, the attacks on the U.S. Embassy buildings
in Beirut and Kuwait and the Marine Barracks in Lebanon.
The Department also testified in 1985 that in the absence
of the proposed legislation, the murders of the two civilians
in El Salvador were not punishable as a crime in U.S. courts at
the time. Ironically, however, if they had been taken hostage
instead of murdered outright, U.S. criminal jurisdiction would
have been available, under the 1984 Act for the Prevention and
Punishment of Hostage-Taking (18 U.S.C. 1203).
It is important to note that the legislation under review
is not the only U.S. law which grants to U.S. courts
jurisdiction over terrorist crimes against Americans overseas.
The 1986 law supplements previously enacted laws, such as the
Comprehensive Crime Control Act of 1984 and other legislation
which implement the various international treaties in the
terrorism area, including the Montreal Convention on aircraft
sabotage, the Hague Convention on aircraft hijackings,
the Conventions against the Taking of Hostages, and
"Internationally Protected Persons." Thus, the U.S.
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Government already had jurisdiction over such crimes as taking
Americans hostage or attacking civilian aircraft that are
within the special aircraft jurisdiction of the United States.
USEFUL TOOLS
Taken together, the various statutes including the 1986 law
have been useful -- but not exclusive or necessarily
automatically applicable -- tools in U.S. Government efforts to
combat terrorism directed against Americans both at home and
abroad. They have given us additional authority to bring to
bear the resources of the FBI to help
acts of terrorism in a wider range of
indispensable in helping us build the
individual perpetrators for potential
investigate suspected
cases. They have been
evidentiary cases against
prosecution and/or
extradition. They also represent an American contribution to
an international pattern of increasingly effective judicial
action against terrorism.
In the past several years there have been a number of
significant cases at home, in Europe and elsewhere in which
terrorists have been successfully prosecuted to the full
measure of the law. Just three weeks ago, for example, a court
in West Germany gave a life sentence to a terrorist, Mohammad
Hammadi, for the 1985 hijacking of TWA 847 and the murder of an
American sailor, Robert Stethem.
With respect to the application of this statute and related
laws, we believe that we have made a good start in the
relatively brief period since enactment. We have worked hard
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to develop a cooperative interagency process to coordinate law
enforcement needs with foreign policy, intelligence and other
considerations which necessarily arise in US criminal
investigations of a terrorist incident in the territory of
other sovereign states. As a general rule, we have received
good cooperation from other countries when requesting an FBI
investigative role in such incidents. Indeed, in the past two
years, the FBI, with full interagency cooperation, has
undertaken about 15 investigations overseas under
extraterritorial statutes on terrorist crimes against Americans.
It is important to bear in mind, however, that we cannot
expect immediate successes or automatic applications of the
statutory authorities under review. The fact that U.S. courts
under U.S. laws may have jurisdiction over a specific incident
which occurs abroad does not mean that they have exclusive
jurisdiction -- or even that other countries are necessarily
prepared to allow our law enforcement personnel to conduct
their own investigation on their soil.
CONSENT OF OTHER GOVERNMENTS
The consent of foreign governments to a U.S. criminal
investigation on their soil -- an absolute prerequisite before
our personnel can become involved -- is influenced by a number
of factors. These include the circumstances of the incident,
the nationality and identity of the victims, the status of our
bilateral relations, the record of previous law enforcement
cooperation, and domestic political concerns. Sovereign
countries, not surprisingly, are sensitive to the exercise of
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? law enforcement functions within their territory by anyone
except their own officials. In some cases, a foreign
government may have a different perception of the nature of the
incident. Or it may not believe it appropriate that the U.S.
Government conduct a separate investigation. In some cases,
such sensitivity also is heightened by the attendant glare of
publicity. The government may be concerned that immediate
entry of U.S. Government criminal investigators will give rise
to domestic criticism spawned by nationalist sentiments. Or it
may welcome our assistance in its own investigation but may
wish to limit our role to forensic services. Conceivably,
other statutes or the circumstances of a particular case and
its domestic context may cause us to extend investigative and
forensic assistance through other agencies of the U.S.
Government.
There may also be situations, Mr. Chairman, in which U.S.
officials and/or the host government conclude that because of
the nature of the attack, or the limited involvement of U.S.
nationals or minor injuries sustained by them, there is not
much the FBI can or should do to assist the investigation. In
short, for a variety of reasons, it does not necessarily follow
that the FBI automatically undertakes a full or immediate
investigation of all incidents in which an American was a
victim.
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EMBASSY CLEARANCE
It also is important to note that investigating terrorist
cases overseas can affect the responsibilities of a number of
federal agencies and can produce information useful to all.
Such investigations must be -- and they are -- conducted with
regard to foreign policy and national security considerations
which may apply to any investigation in a foreign sovereign
jurisdiction. Accordingly, the entry of U.S. law enforcement,
as well as other Executive Branch personnel, into a foreign
country requires the consent of the U.S. Chief of Mission. By
law (Title 22 USC section 3927) the Chief of Mission "shall
have full responsibility for the direction, coordination and
supervision of our government executive branch employees in
that country (except for employees under the command of a U.S.
area military commander)."
Within the U.S. Government, the following points summarize
the procedure which applies to investigations pursuant to the
provisions under review:
-- First, the Department of Justice makes a preliminary
decision that there is sufficient reason to believe that
the incident was a terrorist attack in violation of the
relevant U.S. Statute. We note that Section 2331 of Title
18 of the U.S. Code, as enacted in 1986, states that no
prosecution for any offense under that section shall be
undertaken unless the Attorney
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General certifies in writing that the offense was intended
to coerce, intimidate or retaliate against a government or
a civilian population.
-- If the Justice Department, drawing on a variety of sources
of information, reaches the conclusion that U.S. law has
been violated, it then informs the State Department,
through the FBI, that it believes there are grounds for
conducting the investigation and that it wants to deploy
its investigators to the crime scene overseas or offer
forensics assistance.
In accord with the State Department's regulations (7 FAM
942) involving all travel of U.S. Government officials to
other countries, the Department advises the Ambassador of
the FBI's interest in investigating the case or providing
assistance and requests country clearance. The clearance
is granted or withheld by the decision of the Chief of
Mission after consultation with the host country
officials.
Declaring extraterritorial jurisdiction by statute is
therefore only the beginning of a process of coordination,
clearance and investigation which all of us here expect to lead
to the apprehension and successful prosecution of terrorists
who have committed crimes against Americans overseas. Again I
want to emphasize that the State Department is committed to the
success of this process, and the effective application of this
statute.
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Mr. Chairman, the 1986 Act and the related earlier laws
have helped pave the way to a direct U.S. role in investigating
terrorist acts overseas. They have strengthened our capacity
to combat terrorism. Through their application we also have
gained valuable experience in working with foreign law
enforcement officials. Establishing and maintaining good
working relationships with such agencies plays an important
role in our ability to effectively exercise the
extraterritorial jurisdiction under the 1986 law.
In the State Department, we have been working in a variety
of areas to improve the overall climate for cooperation on
anti-terrorism. For example, we work in multilateral fora such
as the Summit Seven, the European Community, and various United
Nations bodies to advance the application of the rule of law.
We also work closely with many countries on a bilateral basis,
conferring with their officials in bilateral meetings,
exchanging information and consulting on new developments.
Through our Anti-Terrorism Training Assistance Program, we help
train security officials of other countries. All this helps
improve the general climate of cooperation. It also aids in
developing working relationships which can be useful should an
actual incident involving Americans take place and the need
arises for a U.S. investigation on the scene.
Mr. Chairman, identifying and tracking down terrorists and
bringing them to justice is an exhaustive, complicated and
lengthy process. Earlier this month, for example, the Greek
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? Supreme Court ruled in favor of extraditing Mohammed Rashid
under charges of placing a bomb aboard a Pan Am flight to
*
Honolulu seven years ago, which killed a teen-age Japanese boy
and wounded 15 other passengers. It was through the FBI and
Justice Department prosecutors that we were able to identify
Rashid's role in this attack and present the evidence
sufficient to meet the obligations of our extradition treaty
with Greece and to satisfy the Greek courts. The Justice
Minister now will make the final decision in this case sometime
after Greece's June 18 elections. We want the Greek government
to uphold the Supreme Court decision and extradite Rashid to
the U.S. as soon as possible for trial. In this and other
investigations initiated recently by the FBI -- the
assassination of Col. Rowe in Manila, the bombing of Pan Am
103, the murder of the Mormon missionaries in La Paz just last
week, to name a few, we hope to bring to justice those
responsible.
In summation, the 1986 law is a useful, indeed
indispensable aid in the task of countering international
terrorism. We are making full use of it. The law provides an
important asset in bringing to bear the investigative powers
and laws of the United States. We are glad we have it. We are
confident that by countering terrorists on a number of legal
fronts, in cooperation with other governments, we can bring
terrorists to account, render justice of behalf of the victims,
and deter future terrorists.
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STATEMENT
OF THE
CENTRAL INTELLIGENCE AGENCY
BEFORE THE
SUBCOMMITTEE ON CRIME
COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES
OVERSIGHT HEARINGS ON
EXTRATERRITORIAL JURISDICTION
OVER TERRORIST ACTS ABROAD
WASHINGTON, D.C.
31 MAY 1989
MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE, WE ARE
PLEASED TO APPEAR BEFORE YOU TODAY IN CLOSED SESSION IN
CONNECTION WITH THE SUBCOMMITTEE'S OVERSIGHT HEARINGS ON
INTERNATIONAL TERRORISM AND THE ENFORCEMENT OF LEGISLATION
ENACTED IN 1986 RELATING TO EXTRATERRITORIAL JURISDICTION OVER
TERRORIST ACTS ABROAD.
THE CENTRAL INTELLIGENCE AGENCY AND THE INTELLIGENCE
COMMUNITY PROVIDE INTELLIGENCE SUPPORT TO THE EFFORTS OF THE
UNITED STATES GOVERNMENT TO COMBAT INTERNATIONAL TERRORISM. IN
SUPPORTING LAW ENFORCEMENT EFFORTS IN THIS REGARD, WE CONTINUE
TO GATHER INTELLIGENCE WHILE, AT THE SAME TIME, PROTECTING
SENSITIVE INTELLIGENCE SOURCES AND METHODS. WE WILL BE PLEASED
IN OUR INFORMAL REMARKS TO DESCRIBE THESE EFFORTS IN MORE
DETAIL AND THEN TO ANSWER ANY QUESTIONS YOU MAY HAVE.
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OPENING STATEMENT OF CONGRESSMAN WILLIAM J. HUGHES
CHAIRMAN, SUBCOMMITTEE ON CRIME
ON
LEGISLATION ENACTED IN 1986
RELATING TO EXTRATERRITORIAL JURISDICTION
OVER TERRORISTS ACTS ABROAD
(18 U.S.C. ?2331)
May 31, 1989
TODAY THE SUBCOMMITTEE ON CRIME IS CONDUCTING AN
OVERSIGHT HEARING ON THE ENFORCEMENT OF AN IMPORTANT ANTI-TERRORIST
LAW WHICH THE SUBCOMMITTEE HELPED WRITE AND ENACT THREE YEARS AGO.
THAT LAW PROVIDES FOR EXTRATERRITORIAL JURISDICTION OVER
TERRORISTS ACTS ABROAD AGAINST UNITED STATES NATIONALS.
AS A GENERAL RULE, THE CRIMINAL LAWS OF THE UNITED STATES
APPLY ONLY TO CONDUCT OCCURRING WITHIN THE U.S.
THE 1986 LAW IS AN EXCEPTION, IN THAT IT EXTENDS U.S.
CRIMINAL LAW BEYOND OUR BORDERS TO REACH TERRORIST ATTACKS
COMMITTED ANYWHERE IN THE WORLD UPON U.S. NATIONALS, HENCE ITS
POPULAR TITLE "THE LONG ARM STATUTE."
EARLIER, IN 1984, WE WROTE SIMILAR ANTI-TERRORIST
LEGISLATION TO IMPLEMENT THE INTERNATIONAL CONVENTION AGAINST THE
TAKING OF HOSTAGES.
THE HOSTAGE TAKING LEGISLATION, WHICH ALSO HAS
EXTRATERRITORIAL REACH, IS DESIGNED TO COMBAT EXTORTIONIST
KIDNAPPINGS BY INTERNATIONAL TERRORISTS.
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INCIDENTS SUCH AS THE KUWAITI AIRLINE HIJACKING AND THE
TERRORIST SEIZURE OF THE ITALIAN CRUISE SHIP ACHILLE LAURO, BOTH
OF WHICH INVOLVED THE TAKING OF U.S. HOSTAGES, ARE EXAMPLES OF
INCIDENTS WHICH THE HOSTAGE TAKING LEGISLATION WAS DESIGNED TO
REACH.
THE LONG ARM STATUTE IS DIFFERENT FROM THE HOSTAGE TAKING
LAW IN A NUMBER OF RESPECTS. ONE IS THAT IT DOES NOT REQUIRE THAT
A U.S. NATIONAL BE TAKEN HOSTAGE. INSTEAD IT COVERS KILLINGS AND
LESSER VIOLENT ACTS COMMITTED ABROAD AGAINST U.S. NATIONALS.
SECOND, NO THREAT OR DEMAND NEED BE COMMUNICATED FOR THE
OFFENSE TO BE COMMITTED. WHILE AN INTENT TO COERCE OR INTIMIDATE
THE UNITED STATES OR ANOTHER GOVERNMENT IS A CIRCUMSTANCE WHICH CAN
TRIGGER U.S. JURISDICTION, IT IS ALSO TRIGGERED BY A RETALIATORY
KILLING OF A U.S. NATIONAL BY A TERRORIST.
THE LONG ARM STATUTE IS, IN MANY RESPECTS, A SPECIAL LAW,
AND CREATES SOME SPECIAL PROBLEMS. FOR EXAMPLE, WE FOUND THAT IN
DRAFTING THE LAW, PARTICULAR ATTENTION HAD TO BE PAID TO ANOTHER
BODY OF LAW, THAT RELATING TO INTERNATIONAL EXTRADITION.
SINCE THESE OFFENSES ARE, BY DEFINITION, COMMITTED
OUTSIDE THE UNITED STATES, WE FREQUENTLY WILL NEED TO SEEK THE
COOPERATION OF ANOTHER GOVERNMENT IN EXTRADITING THOSE WHO MURDER
OR ASSAULT U.S. NATIONALS.
WITH THIS IN MIND, WE FOUND IT NECESSARY TO MODIFY THE
LANGUAGE OF THE LAW SO THE REQUIREMENT OF "DUAL CRIMINALITY" IS
MET. DUAL CRIMINALITY MEANS THAT BOTH THE U.S. AND THE COUNTRY
FROM WHICH WE ARE SEEKING EXTRADITION HAVE COMPARABLE LAWS COVERING
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THE CONDUCT IN QUESTION. A LAW WRITTEN IN SPECIAL LANGUAGE
DESCRIBING INTERNATIONAL TERRORISM MIGHT NOT MATCH UP WITH A
SIMILAR LAW IN GERMANY OR JAPAN. WE SOLVED THIS PROBLEM BY MAKING
THE LAW ESSENTIALLY A MURDER STATUTE, WHICH IS THEN LIMITED TO
TERRORIST TYPE CIRCUMSTANCES BY A CERTIFICATION OF THE ATTORNEY
GENERAL.
IT WAS ALSO BROUGHT TO OUR ATTENTION THAT CAPITAL
PUNISHMENT PROVISIONS, SUCH AS WERE CONTAINED IN THE BILL AS
REPORTED BY OUR SUBCOMMITTEE, PRESENT SPECIAL PROBLEMS.
MOST COUNTRIES DO NOT HAVE CAPITAL PUNISHMENT, AND
SEVERAL HAVE CONSTITUTIONS, STATUTES, OR POLICIES PROHIBITING
EXTRADITION OF PERSONS WHO MIGHT BE SUBJECT TO CAPITAL PUNISHMENT
IN THE REQUESTING COUNTRY.
THIS CAPITAL PUNISHMENT ISSUE IS ONE WE CONTINUE TO FACE,
AND WE HOPE OUR HEARING TODAY CAN PROVIDE US WITH ADDITIONAL
INFORMATION AND INSIGHT ON HOW BEST TO RESOLVE IT.
ANOTHER SPECIAL CONSIDERATION INVOLVES THE INVESTIGATION
OF THESE OFFENSES. IN ONLY A SLIGHTLY LESS FORMAL SENSE,
INVESTIGATION, LIKE EXTRADITION, ALMOST ALWAYS REQUIRES THE
COOPERATION OF AT LEAST ONE OTHER GOVERNMENT.
THIS RAISES CONSIDERATIONS NOT ONLY FOR OUR RELATIONS
WITH OTHER GOVERNMENTS, BUT ADDITIONAL ONES WITHIN OUR OWN
GOVERNMENT. THESE INCLUDE WEIGHING OF LAW ENFORCEMENT NEEDS AND
FOREIGN POLICY NEEDS, AND THE DEVELOPMENT OF A DISPUTE RESOLUTION-
MECHANISM FOR USE WHEN DISPUTES OCCUR.
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IN THIS REGARD, WE WILL GIVE SOME ATTENTION TODAY TO THE
DELAYS AND DIFFICULTIES WHICH THE FBI EXPERIENCED IN ITS ATTEMPTS
TO OBTAIN CLEARANCE FROM OTHER ELEMENTS OF OUR GOVERNMENT SO THAT
IT MIGHT LEND ITS EXPERTISE TO THE INVESTIGATION OF THE 1987 CRASH
OF A C-130 WHICH KILLED PAKISTAN PRESIDENT ZIA, U.S. AMBASSADOR
ARNOLD RAPHEL, AND 29 OTHERS.
OUR RANKING REPUBLICAN MEMBER, BILL MCCOLLUM, HAS SPENT
A LOT OF TIME LOOKING INTO THE PROBLEMS PRESENTED IN THE PAKISTANI
INVESTIGATION. I NOW RECOGNIZE HIM FOR ANY OPENING REMARKS HE MAY
HAVE.
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