MAY 29, 2008
Although the U.S. has revised its longstanding policy of not talking to the Maoists, (the party which will lead Nepal’s government), Washington has decided to keep the Maoists on it’s Terrorist Exclusion List (TEL). This designation will bar Maoist officials from visiting the United States, among other sanctions.
According to Deputy Assistant Secretary of State for South and Central Asian Affairs Evan Feigenbaum, “In terms of next steps, I really wouldn't want to speculate. It is going to depend. They are on the (terrorism) list, they remain on the list for the moment."
Feigenbaum just returned from Kathmandu after meeting Maoist chief
Prachanda, who had prior talks with US ambassador to Nepal Nancy Powell
about three weeks ago -- a clear softening of the previous Washington
position. Feigenbaum explained: "There has been a policy that we had of
not making contact with the Maoists. The fact that Nancy Powell met
them and that I met them should suggest…that we have just revised that
policy with respect to this group.” According to Feigenbaum, it was
based on the Maoists’ recent participation in the legitimate political
process. 
Indeed, even the Maoists' longtime rival, interim Prime Minister G.P.
Koirala, has acknowledged Prachanda's legitimate right to take the
reins of the government.
To
understand this better, it may be helpful to show how the State
Department differentiates between “Foreign Terrorist Organizations”
(FTO), such as Al Qaeda, and the “Terrorist Exclusion List” (TEL),
which includes Nepal’s Maoist Party.
The difference between a “FOREIGN TERRORIST ORGANIZATION” (FTO) and the “TERRORIST EXCLUSION LIST” (TEL)
An FTO is described by the State Department as follows:
“The
organization’s terrorist activity or terrorism must threaten the
security of U.S. nationals or the national security (national defense,
foreign relations, or the economic interests) of the United States.”
A TEL is described by the State Department as follows:
>commits
or incites to commit, under circumstances indicating an intention to
cause death or serious bodily injury, a terrorist activity;
>prepares of plans a terrorist activity;
>gathers information on potential targets for terrorist activity; or
>provides material support to further terrorist activity.
Under
the statute, “terrorist activity” means any activity that is unlawful
under U.S. law or the laws of the place where it was committed and
involves: hijacking or sabotage of an aircraft, vessel, vehicle or
other conveyance; hostage taking; a violent attack on an
internationally protected person; assassination; or the use of any
biological agent, chemical agent, nuclear weapon or devise, or
explosive, firearm, or other weapon or dangerous device (other than for
mere personal monetary gain), with intent to endanger, directly or
indirectly, the safety of one or more individuals or to cause
substantial damage to property. The definition also captures any
threat, attempt, or conspiracy to do any of these activities.
DESIGNATION PROCESS OF A TEL
The
Secretary of State is authorized to designate groups as TEL
organizations in consultation with, or upon the request of the Attorney
General. Once an organization of concern is identified, or a request is
received from the Attorney General to designate a particular
organization, the State Department works closely with the Department of
Justice and the intelligence community to prepare a detailed
“administrative record,” which is a compilation of information,
typically including both classified and open sources information,
demonstrating that the statutory criteria for designation have been
satisfied. Once completed the administrative record is sent to the
Secretary of State who decides whether to designate the organization.
Notices of designations are published in the Federal Register.
EFFECTS OF DESIGNATION OF A TEL
LEGAL RAMIFICATIONS
Individual
aliens providing support to or associated with TEL-designated
organizations my be found “inadmissible” to the U.S., i.e., such aliens
may be prevented from entering the U.S. or, if already in U.S.
territory, may in certain circumstances be deported. Examples of
activity that may render an alien inadmissible as a result of an
organization’s TEL designation include:
>membership in a TEL-designated organization;
>use of the alien’s position of prominence within any country to persuade others to support an organization on the TEL list;
>solicitation of funds or other things of value for an organization on the TEL list;
>solicitation of any individual for membership in an organization on the TEL list; and
>commission
of an act that the alien knows, or reasonably should have known,
affords material support, including a safe house, transportation,
communications, funds, transfer of funds or other material for
financial benefit, false documentation or identification, weapons
(including chemical, biological, or radiological weapons), explosives,
or training to an organization on the TEL list.
OTHER EFFECTS
1. Deters donation or contributions to named organizations.
2. Heightens public awareness and knowledge of terrorist organization.
3. Alerts other governments to U.S. concerns about organizations engaged in terrorist activities.
4. Stigmatizes and isolates designated terrorist organizations.
MEANWHILE, BACK IN NEPAL…
The main palace in Kathmandu lowered the flag of the country's royal
family yesterday, a day after lawmakers, led by the Maoists, abolished
the monarchy that had reigned over Nepal for 239 years.
Palace
staff took down the small red standard with a flag-waving lion and
replaced it with Nepal's national flag, a red banner of two triangles
adorned with a sun and moon.
The fact remains, with or without Washington’s stamp of approval, the
Maoists are now the most viable political force in Nepal. It is they
who are poised to compass Nepal’s future. And it is they who the
American government will be obliged to deal with. The level of U.S.
antagonism remains to be seen, but it is certain that China and India
will play by different rule books.
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