Sec. 2. Findings
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Congress finds the following: The Palestine Liberation Organization
(PLO)Mission office, representing the PLO, and by extension, the Palestinian Authority (PA), in Washington, DC, was opened in 1994 in order to implement the Oslo Accords, which initiated direct negotiations between the PLO and the Government of Israel. Section 1003 of the Anti-Terrorism Act of 1987 (title X of Public Law 100–204 ; 22 U.S.C. 5202 ), makes it unlawful to establish or maintain an office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States at the behest or direction of, or with funds provided by the Palestine Liberation Organization or any of its constituent groups, any successor to any of those, or any agents thereof . Using various authorities, the executive branch has waived the provisions of section 1003 of the Anti-Terrorism Act of 1987. Article XXXI, clause 7, of the Israeli-Palestinian Interim Agreement on the Status of the West Bank and the Gaza Strip (September 28, 1995) states that Neither side shall initiate or take any step that will change the status of the West Bank and the Gaza Strip pending the outcome of the permanent status negotiations . In January 2009, the PLO sent a declaration to the International Criminal Court under Article 12(3) of the Rome Statute of the International Criminal Court on behalf of the Palestinian Authority. On October 31, 2011, the United Nations Educational, Scientific and Cultural Organization (UNESCO) voted to admit the State of Palestine as its 195th full member. Since being admitted, the Palestinians have used UNESCO to pass anti-Israel resolutions, including a recent effort to deny the historical connection of the Jewish people to holy sites including the Temple Mount and Western Wall in Jerusalem. On November 29, 2012, the United Nations General Assembly voted to accord the State of Palestine status as a nonmember observer State at the United Nations. On April 2, 2014, the PLO joined the Geneva Conventions as well as 13 other organizations. On January 2, 2015, the PLO acceded to the Rome Statute, and on January 16, 2015, the Prosecutor of the International Criminal Court opened a preliminary examination of the situation in Palestine after accepting jurisdiction of the International Criminal Court over alleged crimes committed in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014 . The PLO’s decision to accede to the Rome Statute as well as several international organizations is an attempt to change the status of the West Bank and the Gaza Strip outside of direct negotiations between the Israelis and Palestinians. On January 7, 2015, the Department of State’s Office of the Spokesperson stated, We have made clear our opposition to Palestinian action in seeking to join the Rome Statute of the International Criminal Court. On April 1, 2015, the State of Palestine officially became a member of the International Criminal Court. The PLO and PA continue to engage in incitement and glorify terrorism, and reward terrorists, their families, and the families of those who died committing terrorist attacks with roughly $300,000,000 annually in salaries and benefits, providing a higher reward to those with longer jail sentences. On August 30, 2016, Deputy Secretary of State, Anthony J. Blinken, submitted to Congress a report as required under section 804(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( Public Law 101–246 ), sections 603 and 604 of the Middle East Peace Commitments Act of 2002 (subtitle A of title VI of Public Law 107–228 ), and section 699 of the Foreign Relations Authorization Act, Fiscal Year 2003 ( Public Law 107–228 ). In this report, Deputy Secretary of State Blinken, acting under authority delegated to him as Deputy Secretary pursuant to the President’s Delegation of Functions on April 30, 2009, made the determination that the PLO and PA are not in compliance with certain commitments to prevent violations, discipline violators, and assume responsibility over all PLO elements … thus the sanction specified in section 604(a)(2) of [ . Public Law 107–228 ], calling for a downgrade in status of the PLO office in Washington, DC, has been imposed On January 31, 2017, then Acting Secretary of State, Thomas Shannon, pursuant to the President’s Delegation of Functions dated April 30, 2009, submitted to Congress a similar report to Congress as required under section 804(b) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, sections 603 and 604 of the Middle East Peace Commitments Act of 2002, and section 699 of the Foreign Relations Authorization Act, Fiscal Year 2003, in which the same determination was made that the PLO and PA are not in compliance with their commitments, and imposed the same sanction of a downgrade in the status of the PLO office in Washington, DC. In both the August 30, 2016, and January 31, 2017, reports, the sanctions were immediately waived. Section 604(a) of the Middle East Peace Commitments Act of 2002 (subtitle A of title VI of Public Law 107–228 ) requires that if the President determines that the PLO or the Palestinian Authority has not complied with each of the commitments specified in such section, the President shall impose one or more of the following sanctions: The denial of visas to PLO and PA officials. The downgrade in status of the PLO office in the United States. The designation as a foreign terrorist organization of the PLO, or one or more of its constituent groups (including Fatah). The prohibition on United States assistance to the West Bank and Gaza (except humanitarian assistance).
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U.S. Code
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- Pub. L. 100-204
- Pub. L. 101-246
- Pub. L. 107-228
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