Table Of ContentTHE FUTURE OF ANITHRRORISM POUCY
U.S.
Y4.F 76/1: AN 8/11
Tie Future of U.S. Antiterrorisn Po.
. >S
AND
MARKUP
OF
H. Res. 118
To Condemn the Release by the Government of Malta
of Convicted Terrorist Mohanuned Ali Rezaq
BEFORE THE
SUBCOMMITTEE ON
INTERNATIONAL INTERNATIONAL
SECURITY,
ORGANIZATIONS AND HUMAN RIGHTS
OF THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
MARCH 12 AND 15, AND
JULY 13 AND 22, 1993
Printed for the use of the Committee on Foreign Affairs
M
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U.S. GOVERNMENT PRINTING OFFICE
71-334CC WASHINGTON 1993
:
ForsalebytheU.S.GovernmentPrintingOffice
SuperintendentofDocuments.CongressionalSalesOffice.Washington.DC 20402
ISBN 0-16-043305-3
THE FUTURE OF ANTITERRORISM POUCY
U.S.
Y4.F 76/1: AN 8/11
The Future of U.S. Antiterrorisn Po.
>S
AND
MARKUP
OF
H. Res. 118
To Condemn the Release by the Government of Malta
of Convicted Terrorist Mohammed All Rezaq
BEFORE THE
SUBCOMMITTEE ON
INTERNATIONAL INTERNATIONAL
SECURITY,
ORGANIZATIONS AND HUMAN RIGHTS
OF THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
MARCH 12 AND 15, AND
JULY 13 AND 22, 1993
Printed for the use of the Committee on Foreign Affairs
^m
FfB
U.S. GOVERNMENT PRINTING OFFICE
71-334CC WASHINGTON : 1993
ForsalebytheU.S.GovernmentPrintingOffice
SuperintendentofDocuments,CongressionalSalesOffice.Washington.DC 20402
ISBN 0-16-043305-3
COMMITTEE ON FOREIGN AFFAIRS
LEE H HAMILTON, Indiana, Chairman
SAM GEJDENSON, Connecticut BENJAMIN A. GILMAN, New York
TOM LANTOS, California WILUAM F. GOODLING, Pennsylvania
ROBERT G. TORRICELLI, New Jersey JAMES A. LEACH, Iowa
HOWARD L. BERMAN, California TOBY ROTH. Wiflconain
GARY L. ACKERMAN, New York OLYMPIA J. SNOWE, Maine
HARRY JOHNSTON, Florida HENRYJ. HYDE, Illinois
ELIOT L. ENGEL. New York DOUG BEREUTER, NAraska
ENI F.H. FALEOMAVAEGA, American CHRISTOPHER H. SMITH, New Jersey
Samoa DAN BURTON, Indiana
JAMES L. OBERSTAR, Minnesota JAN MEYERS, Kansas
CHARLES E. SCHUMER, New York ELTON GALLEGLY, California
MATTHEW G. MARTINEZ, California ILEANA ROS-LEHTINEN, Florida
ROBERT A. BORSKl, Pennsylvania CASS BALLENGER, North Carolina
DONALD M. PAYNE, New Jersey DANA ROHRABACHER, California
ROBERT E. ANDREWS, New Jersey DAVID A. LEVY, New York
ROBERT MENENDEZ. New Jersey DONALD A. MANZULLO, Illinois
SHERROD BROWN, Ohio LINCOLN DIAZ-BALART, Florida
CYNTHIA A. MCKINNEY, Georgia EDWARD R. ROYCE, California
MARIA CANTWELL, Washington
ALCEE L. HASTINGS, Florida
ERIC FINGERHUT, Ohio
PETER DEUTSCH, norida
ALBERT RUSSELL WYNN, Maryland
DON EDWARDS, California
FRANK MCCLOSKEY, Indiana
THOMAS C. SAWYER, Ohio
(Vacancy)
Michael H. Van Dusen, ChiefofStaff
TONI G. VerstaNDIG, Professional StaffMember
Beth A. Ford, Professional StaffMember
Jo Weber, Sta/fAssociate
International Skcurity, International Organization and Human Rights
TOM IJ>kNTOS, California, Chairman
HOWARD L. BERMAN. California DOUG BEREUTER. Nebraska
GARY L. ACKERMAN. New York OLYMPIA J. SNOWE, Maine
MATTHEW G. MARTINEZ, California CHRISTOPHER H. SMITH, New Jersey
FR.\NK McCLOSKEY, Indiana DAN BURTON, Indiana
THOMAS C. SAWYER, Ohio
Robert King, StaffDirector
Michael Ennis, Republican Professional StaffMember
Kenneth R. TimmermaN, Professional StaffMember
Beth Poisson, Professional StaffMember
MaryanT^E Murray, Professional StaffMember
(II)
,'<-
CONTENTS
Page
WITNESSES
Friday, March 12, 1993
The Honorable Thomas E. McNamara, Coordinator for Counterterrorism, De-
partmentofState 6
The Honorable L. Paul Bremer, managing director, KissingerAssociates 24
BrianM. Jenkins, seniormanaging director, KroU Associates 27
Monday, March 15, 1993
James L. Ward, Acting Assistant Secretary of State, Bureau of Consular
Affairs, DepartmentofState 42
The Honorable William H. Webster, former Director of the Central Intel-
ligenceAgency andformerDirectorofthe Federal Bureau ofInvestigation .. 60
Tuesday, July 13, 1993
The Honorable TimothyE. Wirth, Counselor, DepartmentofState 82
Harry F. Brandon UI, Inspector-Assistant Director, Administration/Intel-
ligence Division, Federal Bureau ofInvestigation 114
Thursday, July 22, 1993
ShermanM. Funk, InspectorGeneral, DepartmentofState 129
MaryA. Rvan, Assistant Secretary for ConsularAffairs, Department ofState 132
Michael Uronin, Assistant Commissioner, Immigration and Naturalization
Service 141
Cornelius D. Scully, Director, Office of Legislation and Regulations, Bureau
ofConsularAffairs, DepartmentofState 147
STATEMENTS SUBMITTED FOR THE RECORD
State Department response to a question regarding U.S. contacts withvarious
terrorist radical Islamicorganizations 94
State Department response to a question concerning fraudulent Nicaraguan
passports Ill
State Department response to a questionregardingEgyptianterrorists 144
State Department response to a question regarding interpretations of the
law on issuance ofvisas to possible terrorists 158
State Department response to a request that a feasibility study be under-
taken regardingupgradeto the automatedlookout system 160
Response by INSto aquestion regardingvisa status ofMr. Petrossov 165
PREPARED STATEMENTS
The HonorableThomasE. McNamara 171
Brian M. Jenkins 183
James L. Ward 187
The HonorableTimothyE. Wirth 193
Harry F. Brandon HI 202
Sherman M. Funk 207
MaryA. Ryan 230
Michael D. Cronin(biographical sketchonly) 234
The HonorableJanMeyers 236
(IID
IV
Page
APPENDIX
1. Chronology of selected events surrounding Sheik Abdel Rahman, as sup-
pliedbythe Department ofState 238
2. Text ofH. Res. 118, to condemn the release by the Government ofMalta
ofconvictedterroristMohammedAliRezaq 241
3. Letter from Department of State dated August 4, 1993, regarding record
checks performedbythe FBI forthe DepartmentofState 245
4. Article from July 1993 Foreign Service Journal entitled "Give Up Visas?"
by DianeReimer Bean andFrancesT. Jones 249
5. Undated letter from Deputy Secretary of State Cliflon R. Wharton, Jr.,
toSenatorErnestF. Hollings regardingState Department reorganization ... 252
6. Letter dated October 21 from the FBI responding to questions asked
duringthe hearing 270
THE FUTURE ANTITERRORISM POLICY
U.S.
AND MARKUP OF H. RES. 118, TO CONDEMN
THE RELEASE BY THE GOVERNMENT OF
MALTA OF CONVICTED TERRORIST MOHAM-
MED
ALI REZAQ
MARCH
FRroAY, 12, 1993
House of Representatives,
Committee on Foreign Affairs,
Subcommittee on International Security,
International Organizations and Human Rights,
Washington, DC.
The subcommittee met, pursuant to call, at 10:05 a.m. in room
2172, Rayburn House Office Building, Hon. Tom Lantos (chairman
ofthe subcommittee) presiding.
Mr. Lantos. The Subcommittee on International Security, Inter-
national Organizations and Human Rights will please come to
order.
Today, our subcommittee begins a series of hearings on the fu-
ture of U.S. antiterrorism policy. There are two particular issues
that make this review both extremely important and timely.
First, the United States and the rest ofthe world are confronting
a new intern—ational climate in which U.S. antiterrorism policy
must function a climate that is in some ways much more unstable
and much more demanding than the climate ofthe past. The Soviet
Union provided support to some terrorist groups, but, at the same
time, it also helped, to some extent, to keep the terrorist genie in
the bottle.
The cold war superpower confrontation is now over. Terrorists
now operate in a wholly unchecked environment. The horror of
'loose" nuclear weapons in terrorists' hands is of growing and le-
concern. In addition, continuing turbulence in the Middle
f'atsitm,atthee legacy of the Persian Gulf War, and the ongoing ethnic
conflict in Bosnia have served to mobilize and, in some instances,
radicalize certain Islamic groups in the Middle East.
A second development that makes our review timely is the recent
bombing ofthe Wor—ld Trade Center in New Yo—rk City. Our law en-
forcement officials Federal, State and local are working effec-
tively in finding those guilty ofperpetrating this horrendous terror-
ist act and in assuring thatjustice will be swift and sure.
The World Trade Center bombing in New York raises the ques-
tion in dramatic terms of the vulnerability of the United States to
international terrorism. In the past, Americans have had perhaps
a false sense of security that we were immune to such despicable
(1)
acts. The bombing of the World Trade Center brings home to all
of us the fact that U.S. policy against terrorism is an issue of ut-
most and immediate concern to all ofus.
Today, we have three highly qualified witnesses wtio will present
expert testimony on these important issues:
First, we will hear from the Honorable Thomas E. McNamara.
Ambassador McNamara is the Coordinator for Coimterterrorism at
the Department ofState.
Second, we will hear from the Honorable L. Paul Bremer, cur-
rently Managing Director ofKissinger Associates and formerly Am-
bassador-at-Large for Counterterrorism at the Department of
State. Ambassador Bremer served as Ambassador-at-Large for
Counterterrorism at a particularly difficult time in the earfy and
mid-1980's when Americans and American interests were under
siege by Middle East terrorists.
Our third witness is Mr. Brian Jenkins, Senior Managing Direc-
tor of Kroll Associates, the leading private firm in our country
which deals with issues involving terrorism and counterterrorist
measures.
Before we hear from our experts, the committee has some legisla-
tive business to conclude relating to terrorism.
CONSIDERATION OF H. RES. 118
The Government of Malta recently released from prison a con-
victed terrorist, Mohammed Ali Rezaq, and permitted him to leave
the country. Rezaq was found guilty in a Maltese court of law on
a variety of charges in connection with the hijacking of Egypt Air
Flight 648 to Malta in which 60 people were killed. He was person-
ally found guilty of killing an American citizen from California,
Scarlett Rogenkamp, and others.
This terrorist assassin was sentenced to a prison term of 25
years, but the Grovemment of Malta unexpectedly released him last
month after the government assured the State Department that he
would remain in prison until at least 1996.
The resolution we are considering condemns the Government of
Malta for this outrageous act, and urges all governments to cooper-
ate in sending Rezaq to the United States to stand trial for his ac-
tions in this hijacking.^ It urges the President to review U.S. rela-
tions with Malta, including any foreign assistance and all economic
relations.
The clerk will report the resolution.
The Clerk. House Resolution 118, to condemn the release by the
Government of Malta of convicted terrorist Mohammed Ali Rezaq.
Whereas on November 23, 1985, terrorists hijacked Egypt Air
Flight 648 and diverted it to Malta.
Whereas during the hijacking, 60 people were killed, including
citizens
Mr. Lantos. Without objection, the resolution will be considered
as read, piinted in the record in full, and open for amendment at
any point.
[The text ofH. Res. 118 appears in appendix 2.]
^Rezaq was deported tothe UnitedStates tostand trial onJuly 16, 1993, withtheassistance
oftheGiovemmentsofGhanaandNigeria.
The Chair would inform his colleagues that after the introduction
ofthis resolution, the subcommittee received comments on the reso-
lution from the Department of State. The Department proposed
some changes in the text of the resolution, which are incorporated
in the text which is before the Members.
I have reviewed those changes, as has the Ranking Minority
Member, Congressman Bereuter. We have agreed that those
changes are appropriate and, therefore, without objection they are
agreed to.
I now recognize Congressman Bereuter.
Mr. Bereuter. Thank you very much, Mr, Chairman. I will have
an extemporaneous opening statement on the hearing as a whole,
but with respect to H. Res. 118, I would speak certainly in favor
ofits passage.
The resolution addresses a particularly disturbing lapse in inter-
national counterterrorist efforts. There is no question that the ter-
rorist in question, Mohammed Ali Rezaq, was personally respon-
sible for the deaths of innocent passengers of Egyptian Air Flight
648. Frustrated during the botched hijack attempt, Rezaq ran-
domly shot a number of passengers, including an American citizen.
While we were unhappy with the relatively lenient sentence' of
the Maltese court, we had reassurances at that time that Rezaq
would be held at least until 1996. For the Government of Malta
now to act in such a capricious manner releasing him with almost
no notice is extraordinarily disturbing.
This is not a trivial matter, and we need to convey to the Gov-
ernment of Malta our most profound displeasure with their action.
H. Res. 118 does just that.
The chairman has introduced it and crafted it well. It makes it
clear that the irresponsible actions ofthe Maltese Grovemment seri-
ously undermine our bilateral relations.
The Maltese Government expects to be viewed in a positive light,
I am sure, and treated as a member ofthe Western European fam-
ily of democratic nations. I would suggest Malta should be judged
by its actions. At the present time we should, and do, judge Malta
very harshly. Is it callousness or is it cowardice? Blunt, but I think
you need to look at it in those terms.
As original cosponsor of H. Res. 118, together with the chairman,
I would urge the adoption ofthe resolution.
I yield back.
Mr. Lantos. Thank you very much.
I would like to call on my friend. Congressman Smith,
Mr. Smith. Let me associate my remarks with both, the distin-
guished chairman and Ranking Member, This is an important reso-
lution and I fully support it.
Mr. Lantos. Is there any further discussion or amendment?
If not, the question is on agreeing to the resolution, as amended.
All those in favor signify by saying yes,
Mr, Bereuter, Yes,
Mr, Smith, Aye,
Mr, Lantos, Those opposed, no.
In the opinion of the Chair, the ayes have it and the resolution,
as amended, is agreed to.
It would be the Chair's intention to introduce a clean resolution
incorporating the amendments agreed to today, which will be for-
warded to the full committee for consideration.
I now would like to recognize the Ranking Republican Member
ofthe subcommittee, Congressman Bereuter, for any opening state-
ment he would care to make.
Mr. Bereuter. Thank you very much, and I know my colleague
from New Jersey has an important statement he would like to
make, as well.
I want to commend the chairman on the continuing series of im-
portant hearings that we have held since this committee began its
ife in the 103rd Congress. This is a particularly timely subject and
learing that we have before us today. That is, unfortunately, true.
I noted that this subject came up in our most recent hearing. At
that time I thought it was important that this committee suggest
to the world that this country is not an easy target for terrorism.
We do an extraordinary job in averting many acts ofterrorism. The
public, in general, does not know how effective our law enforcement
and our intelligence community is in deterring many acts of vio-
lence ofinternational terrorism, ofanarchy. The message ought not
go forth that this is an easy target.
The kind of prosecution and investigation now under way with
respect to the terrorist act in New York City, I think, gives some
demonstration of the capacity that we have to avoid and, if nec-
essary, to reach the point where if an act happens, to investigate
and to prosecute with effectiveness.
Unfortunately, it appears we are faced with a world where there
is going to be more terrorist incidents in various places. We need
to ensure that we do everything possible to keep those acts from
coming to fruition here.
I noted that recently we have had a major problem with people
coming into international airports and claiming asylum, when, in
fact, they really have no legitimate case to pursue asylum.
But there is a backlog of asylum claimants that is so huge today
that frequently these people claiming asylum will have at least a
year here before they are fully investigated and their case is adju-
dicated. In the meantime, we lose track of them. They have oppor-
tunities to do great damage here.
Currently, in JFK Airport alone, we have 1,800 people a month
coming in in this process, and that is just one ofour major airports.
I hope that the INS, the State Department, and other parts of our
Federal Grovernment are looking very carefully at this problem and
giving their very best recommendations to the Congress to see
what kind of legislative remedies are necessary. I think we surely
should not be naive about the difficulties that this process creates
today.
No place in this country is immune from the problem. I remem-
ber that, since I have been here, there have been two cases of
would-be terrorism in the House Gallery. One ofthem we were for-
tunate that it did not blow most of us away. In both of those in-
stances, we had people who were probably deranged, and they were
foreign nationals who were here to pursue some sort of grievance,
which had almost no connection to the United States and certainly
not to the Congress. But that is one very close example, and a case
