Transnational Criminal Organizations as Terrorist Entities Act (TCO-TEA)

Homeland Security
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Effective Date: [Insert Date]

Purpose: This policy aims to redefine the operational framework for dealing with major drug cartels and other criminal organizations by classifying them as terrorist entities, thereby expanding the legal, operational, and financial tools available to U.S. authorities in combating these groups.

I. Definitions:

  1. Transnational Criminal Organization (TCO): Any group whose primary activity includes, but is not limited to, drug trafficking, human trafficking, arms trafficking, money laundering, or other organized criminal activities with significant cross-border operations.

  2. Foreign Terrorist Organization (FTO): As per 8 U.S.C. § 1189, a group that the Secretary of State, in coordination with the Attorney General and Secretary of the Treasury, has designated as engaging in terrorist activity or terrorism.

  3. Terrorism: The unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.

II. Designation Criteria:

  • Section 2.1 - Basis for Designation: Organizations may be designated as FTOs if they:

    • Engage in activities that threaten national security, including but not limited to, drug-related violence, assassination, kidnapping, or the use of explosives or firearms with intent to endanger lives.
    • Have a significant impact on U.S. citizens or U.S. interests either domestically or internationally.
    • Demonstrate intent to influence government policy or public opinion through acts of violence or threats thereof.

  • Section 2.2 - Review and Listing: The Department of State shall review and list organizations fitting the criteria for TCOs, with the possibility of designating them as FTOs after due process involving coordination with the intelligence community and consultations with allied nations.

III. Legal Implications:

  • Section 3.1 - Prosecution:

    • Members of these organizations could be prosecuted under anti-terrorism laws, including statutes like 18 U.S.C. § 2339B (providing material support or resources to designated foreign terrorist organizations) and 21 U.S.C. § 960a (prohibiting support from narcotics trafficking to terrorist organizations).

  • Section 3.2 - Immigration:

    • Individuals associated with these designated organizations would be barred from entering or remaining in the U.S., with exceptions for legal proceedings or humanitarian reasons.

  • Section 3.3 - Financial Sanctions:

    • Upon designation, the Treasury Department can impose sanctions, including asset freezing, prohibiting transactions with U.S. citizens or entities, and listing on the OFAC (Office of Foreign Assets Control) sanctions list.

IV. Operational Enhancements:

  • Section 4.1 - Intelligence Gathering:

    • Enhanced surveillance, intelligence sharing, and cooperation with international partners to track and disrupt TCO activities.

  • Section 4.2 - Military Engagement:

    • The policy opens the possibility for military action, although this would be subject to additional legal and diplomatic considerations. The use of military force would generally require presidential authorization and congressional oversight.

  • Section 4.3 - Law Enforcement and Prosecution:

    • Increased joint operations between various U.S. law enforcement agencies, along with international partners, to dismantle these organizations.

V. International Collaboration:

  • Section 5.1 - Diplomatic Efforts:

    • Encourage other nations to recognize these TCOs as terrorist entities, promoting a unified international approach.

  • Section 5.2 - Cooperative Frameworks:

    • Establish or strengthen multinational task forces to combat these designated groups.

VI. Public Awareness and Education:

  • Section 6.1 - Campaigns:
    • Launch informational campaigns to educate the public on the dangers posed by TCOs and the implications of their terrorist designation.

VII. Oversight and Accountability:

  • Section 7.1 - Congressional Oversight:

    • Regular reports to Congress on the activities, success, and challenges in combating these organizations.

  • Section 7.2 - Review and De-listing:

    • A process for periodic review of TCOs’ status as FTOs, allowing for de-listing if they cease to meet the criteria or demonstrate significant reform.

VIII. Implementation:

  • Section 8.1: This policy will be implemented in coordination with existing counter-terrorism frameworks, respecting international law and sovereignty concerns.

This policy, while offering new tools in the fight against drug cartels and similar criminal organizations, also carries implications for U.S. foreign relations, particularly with nations like Mexico, where these groups operate. It requires careful consideration of both the benefits in terms of enhanced enforcement capabilities and the potential for increased tension or unintended consequences in international relations.