Lastly, OFAC could simply delist Hamas or continue allowing aid to
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Lastly, OFAC could simply delist Hamas or continue allowing aid to
the PA under a “general license.” But this would not do away with
the independent criminal ban on providing “material support” to an
FTO. To remove Hamas from the criminal law banning FTO support,
either the secretary of state or Congress would have to revoke the
designation of Hamas as an FTO -- a highly unlikely scenario.
Should the Obama administration want to continue funding a Hamas-
affiliated PA to maintain U.S. influence or otherwise promote U.S.
interests, current law gives him little leeway to do so. PATA places
numerous restrictions on any aid to a Hamas-affiliated PA, and any
attempt by the White House to continue funding the PA in spite of
PATA risks violating criminal statutes. Short of removing Hamas as a
designated terrorist organization and FTO, the safest way to proceed
would be on the basis of legislative action that allows White House to
support the PA even under a Fatah-Hamas coalition. Without it, the
Obama administration’s legal options are limited. No matter how
much it may want to continue aiding the PA, then, its continued
support may well be illegal.
DOUGLAS N. GREENBURG served as a staff member of the
September 11 Commission. DEREK D. SMITH is the author of
Deterring America: Rogue States and the Proliferation of Weapons
of Mass Destruction. Both are attorneys at Latham & Watkins, LLP.
HOUSE_OVERSIGHT_030183
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