United States Court of Appeals verdict on NCRI
The Anti-Terrorism and Effective Death Penalty Act of1996 (AEDPA) empowers the Secretary of State to designatean entity as an FTO whenever the Secretary determines that(1) the entity is foreign; (2) it engages in terrorist activity;and (3) the terrorist activity threatens the security of theUnited States or its nationals. 8 U.S.C. § 1189(a)(1). Adesignation as an FTO persists for two years, after which theSecretary may redesignate the entity as an FTO for a suc-ceeding two-year period upon finding that the statutory cir-cumstances still exist. Id.