Letter to Barack Obama, President of the United States - Designate Pro-Russian Separatist Groups as Foreign Terrorist Organizations Under U.S. Law

Letter

Dear Mr. President:

Following the tragedy of Malaysia Flight 17 that cost the lives of 298 people, including a U.S. citizen, continued atrocities committed by the pro-Russia rebels in eastern Ukraine, and direct Russian shelling of Ukraine, we urge you to designate the pro-Russian rebel organizations of the so-called Donetsk People's Republic (DPR) and the so-called Lugansk People's Republic (LPR) as Foreign Terrorist Organizations (FTO) under U.S. law, which would potentially have considerable implications for Russia as a state sponsor. We welcome the designation of these entities by the Department of Treasury under the Specially Designated Nationals (SDN) list on July 16, but believe the FTO designation would more significantly deter these groups and their sponsors.

Regarding MH17, we agree with your assessment on July 18 that "[e]vidence indicates that the plane was shot down by a surface-to-air missile that was launched from an area that is controlled by Russian-backed separatists inside of Ukraine." Such evidence includes, but is not limited to, audio recordings publicly released by the Ukrainian security services of the separatists admitting culpability for bringing down Flight 17, as well as video and interviews with rebel leaders confirming they possessed the "BUK-M" surface-to-air missile system that is suspected of bringing down this flight.

The tragedy of MH17 comes after a brutal months-long campaign by the separatists, which has caused hundreds of Ukrainian military and civilian deaths. It is also plainly evident that the separatists are wholly supported and supplied by the Russian Federation. The FTO designation could have a significant deterrent impact on Russia, as it provides additional tools to target the supporters of terrorism under U.S. law, including severe penalties against "knowingly providing, or attempting or conspiring to provide, material support or resources to, or engaging in transactions with these entities."

We believe the death of a U.S. citizen, as well as the clear and present threat to international aviation, including to U.S. carriers, should provide significant additional support for these organizations to meet the criteria for FTO designation under Section 219 of the Immigration and Nationality Act (INA), which mandates that "[t]he organization's terrorist activity or terrorism must threaten the security of U.S. nationals or the national security (national defense, foreign relations, or the economic interests) of the United States."

We look forward to your immediate response.