Designating Cartels And Other Organizations As Foreign Terrorist Organizations And Specially Designated Global Terrorists
January 20, 2025
Action Summary
- Designation Process: Establishes a mechanism for designating international cartels and transnational organizations (e.g., TdA, MS-13) as Foreign Terrorist Organizations under INA or as Specially Designated Global Terrorists under IEEPA and Executive Order 13224.
- Threat Assessment: Recognizes that these groups pose a national security threat through:
- Violence and Terror: Campaigns of assassination, rape, and brute force destabilizing nations and threatening U.S. safety.
- Transnational operations: Infiltration beyond the U.S. southern border into the Western Hemisphere, including quasi-governmental control in parts of Mexico.
- Association with Terrorism: Convergence with extra-hemispheric terrorist entities and antagonistic foreign governments.
- National Emergency Declaration: Declares a national emergency under IEEPA to address the threat posed by these organizations, enabling enhanced governmental response.
- Policy Objective: Aims to eliminate these organizations’ presence and extraterritorial command-and-control structures to safeguard U.S. territory, citizens, and interests.
- Implementation Directives:
- Secretary of State: To recommend designations within 14 days in consultation with key agencies (Treasury, Attorney General, Homeland Security, and DNI).
- Attorney General and Secretary of Homeland Security: To prepare for operational measures including potential invocation of the Alien Enemies Act for expedited removal procedures.
- General Provisions:
- Affirms that agency authorities remain intact and that the provisions of the order are subject to applicable law and available appropriations.
- Clarifies that this order does not create enforceable rights or benefits against the U.S. government or its agents.
Risks & Considerations
- The designation of international cartels and other organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists could lead to increased scrutiny and regulatory requirements for institutions with international collaborations, including universities.
- Vanderbilt University may need to enhance its compliance and due diligence processes to ensure that none of its international partnerships or research activities inadvertently involve entities or individuals associated with these designated organizations.
- The heightened focus on national security and the potential for increased law enforcement activities could impact the university’s international students and faculty, particularly those from regions identified as high-risk.
- There is a risk of reputational damage if any association, however indirect, with these organizations is discovered, necessitating robust risk management and communication strategies.
Impacted Programs
- Vanderbilt’s International Programs may need to reassess their partnerships and collaborations to ensure compliance with new regulations and avoid any potential legal issues.
- The Office of Risk and Compliance will likely need to update its policies and procedures to address the increased risks associated with international engagements and ensure adherence to federal guidelines.
- Vanderbilt’s Law School could see increased demand for expertise in international law and national security, presenting opportunities for research and policy development.
- The Office of International Student and Scholar Services may need to provide additional support and guidance to international students and faculty affected by these changes.
Financial Impact
- Increased compliance costs may arise from the need to implement more rigorous vetting and monitoring processes for international collaborations and partnerships.
- Potential disruptions to international research funding and collaborations could impact the university’s financial resources and research output.
- There may be opportunities for funding in areas related to national security and counter-terrorism, which could benefit relevant departments and research initiatives at Vanderbilt.
- The university may need to allocate resources to enhance its legal and compliance infrastructure to mitigate risks associated with the executive order.
Relevance Score: 4 (The order presents a need for potential major changes or transformations of programs.)
Key Actions
- Vanderbilt’s Law School should consider developing courses or seminars focused on the legal implications of designating organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists. This could enhance the curriculum by providing students with insights into national security law and international relations.
- The Department of Political Science could conduct research on the impact of these designations on international relations and domestic policy. This research could be valuable for policymakers and contribute to Vanderbilt’s reputation as a thought leader in political science.
- Vanderbilt’s Center for Latin American Studies should explore partnerships with institutions in the Western Hemisphere to study the socio-political effects of cartel activities and U.S. policy responses. This could lead to collaborative research projects and enhance the university’s global engagement.
- The Office of Federal Relations should monitor developments related to this executive order to identify any potential funding opportunities for research on national security and transnational crime. Engaging with federal agencies could position Vanderbilt to secure grants and contracts.
Opportunities
- The executive order presents an opportunity for Vanderbilt’s Peabody College to study the educational impacts of transnational crime on communities, particularly in border regions. This research could inform educational policy and practice, contributing to community resilience.
- Vanderbilt can leverage its expertise in public policy and international relations to host conferences or workshops on the implications of this executive order. This could position the university as a hub for dialogue and innovation in addressing transnational threats.
- The focus on national security offers an opportunity for Vanderbilt’s Engineering School to develop technologies or systems that support law enforcement and national security efforts. Collaborating with government agencies could lead to innovative solutions and research funding.
Relevance Score: 3 (The order requires some adjustments to Vanderbilt’s research and educational focus to align with national security priorities.)
Timeline for Implementation
- Within 14 days of January 20, 2025: The Secretary of State, in consultation with other key officials, is to make a recommendation on designations as Foreign Terrorist Organizations or Specially Designated Global Terrorists.
- Within 14 days of January 20, 2025: The Attorney General and the Secretary of Homeland Security, in consultation with the Secretary of State, are to prepare operational measures regarding the potential invocation of the Alien Enemies Act.
Relevance Score: 5
Impacted Government Organizations
- Department of State: The Secretary of State is directed to, in consultation with other agencies, recommend the designation of cartels and transnational organizations as terrorist entities.
- Department of the Treasury: The Treasury plays a consultative role in evaluating and implementing financial sanctions and designations related to these organizations.
- Department of Justice: The Attorney General is tasked with operational preparation and coordination, particularly concerning potential invocation of the Alien Enemies Act.
- Department of Homeland Security: Responsible for operational preparations and enforcement actions, especially in relation to border security and removal procedures.
- Office of the Director of National Intelligence: Engaged in consultation to provide intelligence support pertinent to identifying and recommending designation of the specified organizations.
- Office of Management and Budget: Mentioned in general provisions with respect to maintaining budgetary, administrative, and legislative proposals consistent with the order’s implementation.
Relevance Score: 3 (Six key agencies, spanning executive departments and oversight offices, are impacted by this order.)
Responsible Officials
- Secretary of State – Directly responsible for taking appropriate action and consulting with other key officials to recommend designations under the order.
- Secretary of the Treasury – Consulted by the Secretary of State as part of the recommendation process for designations.
- Attorney General – Tasked with consultation alongside the Secretary of Homeland Security and the Secretary of State to prepare operational measures, including preparations for invoking the Alien Enemies Act.
- Secretary of Homeland Security – Responsible for operational preparations and consultation with other designated officials in response to potential decisions under the order.
- Director of National Intelligence – Consulted by the Secretary of State in the process of making recommendations regarding candidate designations.
Relevance Score: 4 (Directives affect agency heads with significant national security responsibilities.)