This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1383.LAV
DATE: 2/4/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HM 1383 United States Department of State's List of Foreign Terrorist Organizations
SPONSOR(S): Fernandez-Barquin
TIED BILLS: IDEN./SIM. BILLS: CS/SR 1064
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs
Subcommittee
Mwakyanjala Miller
2) State Affairs Committee
SUMMARY ANALYSIS
The Revolutionary Forces of Colombia (FARC) was established in 1964 by the Colombian Communist Party
purportedly to redistribute wealth to the poor. Activities of FARC included bombings, murder, mortar attacks,
narcotrafficking, kidnapping, extortion, and hijacking. Since 1997, FARC has been designated as a Foreign
Terrorist Organization (FTO) under federal law. A peace accord with the Colombian government was signed in
2016 and FARC was formally dissolved and disarmed.
In November 2021, the United States Secretary of State released changes to the foreign terrorist designations
list and among those modifications was the revocation of FARC as an FTO. The Revolutionary Armed Forces
of Colombia – People’s Army (FARC – EP) and Segunda Marquetalia were added to the Foreign Terrorist
Organizations List as FARC’s designation was revoked.
The State of Florida also identifies and designates organizations as FTOs. Florida designated FTOs are
organizations designated as FTOs under federal law.
The memorial provides historical background of relations between the United States and the nation of
Colombia and the role of FARC within that history. The memorial declares the Florida House of
Representatives is firm in its commitment to Colombia and urges Congress to oppose the removal of FARC
from the federal list of FTOs. The memorial further urges Congress to use all means possible, including
divestiture, to impede ties, commercial or otherwise, with FARC.
Legislative memorials are not subject to the Governor’s veto powers and are not presented to the Governor for
review. Memorials have no force of law, as they are mechanisms for formally petitioning the federal
government to act on a particular subject.
This memorial does not have a fiscal impact on the state or local governments.
STORAGE NAME: h1383.LAV PAGE: 2
DATE: 2/4/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Foreign Terrorist Organization
The United States Secretary of State (Secretary) is authorized to administer and enforce the
immigration and nationality laws of the nation, including those laws which affect the nationality of a
person not in the United States.
1
The Secretary is authorized to designate an organization as a foreign
terrorist organization (FTO).
2
Terrorist activity is any activity which is unlawful under the laws of the
place where it is committed and involves:
3
The highjacking or sabotage of any conveyance;
The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual
in order to compel a third person (including a governmental organization) to do or abstain from
doing any act as an explicit or implicit condition for the release of the individual seized or
detained;
A violent attack upon an internationally protected person
4
or upon the liberty of such a person;
An assassination.
An FTO is defined in federal law as an organization that includes two or more individuals who engage
in any of the following activities:
5
Committing or inciting to commit, under circumstances indicating an intention to cause death or
serious bodily injury, a terrorist activity;
Preparing or planning a terrorist activity;
Gathering information on potential targets for terrorist activity;
Soliciting funds or other things of value for a terrorist activity or a terrorist organization;
Soliciting an individual to engage in conduct described by federal law as terrorist activities or
solicits for membership in a terrorist organization;
Committing an act that the actor knows, or reasonably should know, affords material support,
including a safe house, transportation, communications, funds, transfer of funds or other
material financial benefit, false documentation or identification, weapons, explosives, or training
for the commission of a terrorist activity;
Training any individual who the actor knows or reasonably should know has committed or plans
to commit a terrorist activity, or;
Providing training to a terrorist organization.
Upon the designation of an organization as a terrorist organization, a notice of the designation is sent to
Congress, publication of the designation is made in the Federal Register, and a notification is delivered
to financial institutions to freeze assets of the designated organization.
6
Revolutionary Forces of Colombia
1
8 U.S.C. s. 1104(a).
2
8 U.S.C. s. 1189(a)(1).
3
8 U.S.C. s. 1182(a)(3)(B)(iii).
4
An internationally protected person means a Chief of State or the political equivalent, the head of government, or a
Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying
him, or any other representative, officer, employee, or agent of the United States Government, a foreign government, or
international organization who at the time and place concerned is entitled pursuant to international law to special
protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his
household. 8 U.S.C. s. 1116.
5
8 U.S.C. s. 1182(a)(3)(B)(vi).
6
8 U.S.C. s. 1189(a)(2)(A)(i). STORAGE NAME: h1383.LAV PAGE: 3
DATE: 2/4/2022
The Revolutionary Forces of Colombia (FARC) was established in 1964 by the Colombian Communist
Party purportedly to redistribute wealth to the poor. Activities of FARC include bombings, murder,
mortar attacks, narcotrafficking, kidnapping, extortion, and hijacking.
7
Since 1997, FARC has been
designated as an FTO.
8
A peace accord with the Colombian government was signed in 2016 and FARC was formally dissolved
and disarmed. Some dissidents disagreed with the peace accord, retained the FARC name, continued
with the illegal activities, and re-armed themselves. Prior commanders and leaders once involved with
the disbanded FARC are not excused from their past crimes and remain on the terrorist list for both
their past and any future activities.
9
In November 2021, the Secretary released changes to the foreign terrorist designations list and among
those modifications was the revocation of FARC designation as an FTO.
10
Designation of FTOs are
reviewed in five-year periods.
11
Additional organizations, such as the Revolutionary Armed Forces of Colombia – People’s Army (FARC
– EP) and Segunda Marquetalia, developed after the Peace Accord and continued to mobilize and
engage in terrorist activity according to the Department of State. FARC – EP and Sequnda Marquetalia
have been found responsible for the killing of former FARC members and other community leaders.
Segunda Marquetalia and FARC – EP have been involved in the kidnappings and ransoming of
government employees, attempted killings of political leaders, and engaging in mass destruction and
assassinations. These two organizations were added to the Foreign Terrorist Organizations List as
FARC’s designation was revoked on November 30, 2021. The leaders of the newly added
organizations, Luciano Marin Arango, Hernan Dario Velasquez Saldarriaga, Henry Castellanos Garzon,
Nestor Gregorio Vera Fernandez, Miguel Santanilla Botache, and Euclides Espana Caicedo have also
been designated as Specially Designated Global Terrorists.
12
Florida Provisions Against FTOs
The State of Florida also identifies and designates organizations as FTOs. Florida designated FTOs are
organizations designated as FTOs under federal law.
13
A person commits a first-degree felony if the
person:
14
Provides material support or resources or conceals or disguises the nature, location, source, or
ownership of the material support or resources, knowing or intending that the support or
resources are to be used in preparation for or in carrying out a violation of various laws of
Florida;
Conceals an escape for the commission of a violation of the law;
Attempts or conspires to commit a violation of the law.
Effect of the Memorial
7
Encyclopædia Britannica, FARC, available at https://www.britannica.com/topic/FARC (last visited on February 3, 2022).
8
62 Fed. Reg. 52650.
9
Antony J. Blinken, United States Department of State, Revocation of the Terrorist Designations of the Revolutionary
Armed Forces of Colombia (FARC) and Additional Terrorist Designations, November 30, 2021, available at
https://www.state.gov/revocation-of-the-terrorist-designations-of-the-revolutionary-armed-forces-of-colombia-farc-and-
additional-terrorist-designations/ (last visited February 3, 2022).
10
U.S. Department of State, Foreign Terrorist Organizations, available at https://www.state.gov/foreign-terrorist-
organizations/ (last visited on February 3, 2022).
11
8 U.S.C. s. 1189(a)(4)(C).
12
Id. Executive Order 13224 authorizes the Secretary of State, in consultation with the Secretary of the Treasury and the
Attorney General, to designate individuals and entities as Specially Designated Global Terrorists (SDGTs). SDGTs are
added to a list of Specially Designated Nationals. Once added, effects include the blocking of all property and interests in
property of the designated individual or entity, the prohibition of transactions of the property and interests of the
designated individual or entity, and civil and criminal penalties onto the designated individual or entity.
13
S. 775.32(1)(b), F.S.
14
S. 775.33(2), F.S. STORAGE NAME: h1383.LAV PAGE: 4
DATE: 2/4/2022
The memorial provides historical background of relations between the United States and the nation of
Colombia and the role of FARC within that history.
The memorial declares the Florida House of Representatives is firm in its commitment to Colombia and
urges Congress to oppose the removal of FARC from the federal list of FTOs. The memorial further
urges Congress to use all means possible, including divestiture, to impede ties, commercial or
otherwise, with FARC.
The memorial calls for copies to be dispatched to the President of the United States, the President of
the United States Senate, the Speaker of the United States House of Representatives, and to each
member of the Florida delegation to the United States Congress.
B. SECTION DIRECTORY:
Not applicable.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This memorial does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The memorial neither authorizes nor requires executive branch rulemaking.
STORAGE NAME: h1383.LAV PAGE: 5
DATE: 2/4/2022
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES