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October 9, 1997, New York Times, US Labels 30 Groups As Terrorists; Omits I.R.A., by Steven Erlanger,

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October 9, 1997, New York Times, US Labels 30 Groups As Terrorists; Omits I.R.A., by Steven Erlanger,

Under a Congressional mandate, the State Department designated 30 groups as foreign terrorist organizations today, making it illegal to provide funds for them and denying their members visas.

While a wide range of Middle Eastern and South American groups are on the list, it did not include the Irish Republican Army because the I.R.A. announced an ''unequivocal cease-fire'' 10 weeks ago and because its political wing, Sinn Fein, had begun peace talks on Northern Ireland, officials said.

The I.R.A. will remain ''under active review,'' said the State Department spokesman, James P. Rubin. ''Any resumption of violence by the I.R.A. is totally unacceptable to the United States and would have a direct impact on the ongoing review,'' he said.

American officials said the I.R.A. had become an issue only in the last 10 days, when it was decided, after a vigorous debate pitting political considerations against intelligence concerns, not to include the group.

A spokesman for the British Embassy, Anthony Cary, said London ''understands the logic of the decision'' to leave off the I.R.A., despite its history of terrorism. He noted Mr. Rubin's warning that a resumption of violence would cause an immediate review, and said this could add pressure on the I.R.A. to maintain the cease-fire.

The law makes it a crime to provide funds or other material support to the groups named today, denies visas to ''aliens abroad who are members or representatives'' of the groups and requires American financial institutions to block funds under their control that belong to the groups.

But Mr. Rubin admitted that ''the goal of this law was more deterrence than confiscation.''

While the publication of the list, as required under the 1996 Antiterrorism Act, brought praise from many groups, including the Anti-Defamation League, there were questions raised about the constitutionality of punishing individuals for supporting the lawful activities of these groups.

Support for terrorism is already illegal in the United States, and the Supreme Court has rejected efforts to punish individuals ''for associating with or supporting a group unless it can be proved that the person specifically intended to further that group's illegal activities,'' said David Cole, a law professor at Georgetown University.

He also cited a July 10 ruling by the United States Court of Appeals for the Ninth Circuit Court, in San Francisco, in a case in which he is defending immigrants who provided support for the Popular Front for the Liberation of Palestine. The court rejected a Government argument that there is no First Amendment right to raise funds for a terrorist organization.

Houeida Saad, the legal director of the American-Arab Anti-Discrimination Committee, also noted that laws exist to punish terrorism. ''Criminalizing political activity is a dangerous infringement on the efforts of people throughout the world to improve their lives,'' he said.

Many of the Middle Eastern groups have already been banned from fundraising in the United States and have had their assets here seized under an executive order signed by President Clinton in January 1995 and renewed since then.
 The State Dept. List

By Agence France-Presse

ALGERIA -- 
Armed Islamic Group

CAMBODIA -- 
Khmer Rouge

CHILE -- 
Manuel Rodriguez Patriotic Front Dissidents

COLOMBIA -- 
National Liberation Army; 
Revolutionary Armed Forces of Colombia

EGYPT -- 
Holy War

GREECE -- 
Revolutionary Organization 17 November; 
Revolutionary People's Struggle

IRAN -- 
Islamic Group; 
Mujahedeen Khalq (Holy Warriors of the World)

ISRAEL -- 
Kach (Thus); 
Kahane Lives

JAPAN -- 
Japanese Red Army; 
Aum Shinrikyo (Supreme Truth)

PERU -- 
Shining Path; 
Tupac Amaru Revolutionary Movement

PAKISTAN -- 
Harakat ul-Ansar (Supporters Movement)

PHILIPPINES -- 
Abu Sayyaf Group

TURKEY -- 
Kurdistan Workers Party; 
Revolutionary People's Liberation Party -- Front

SPAIN -- Euzkadi ta Azkatasuna (ETA: Basque Land and Liberty)

SRI LANKA -- Liberation Tigers of Tamil Eelam

The following groups operating in the Mideast support the Palestinians: 
Abu Nidal Group; 
Democratic Front for the Liberation of Palestine -- Hawatmeh Faction; 
Hamas (Islamic Resistance Movement); 
Palestine Islamic Holy War -- Shaqaqi Faction; 
Palestine Liberation Front -- Abu Abbas Faction; 
Hezbollah (Party of God); 
Popular Front for the Liberation of Palestine; 
Popular Front for the Liberation of Palestine -- General Command.

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