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Reading Room Document

Application of the Anti-Terrorism Act of 1987 to Diplomatic Visit of Palestinian Delegation

Section 1002(2) of the Anti-Terrorism Act of 1987, which prohibits the expenditure of funds from the Palestine Liberation Organization in the United States to further the PLO's interests, is unconstitutional to the extent it prevents the exercise of the President's Article II authorities to receive public ministers and to determine the manner in which the Executive engages in diplomacy with foreign representatives. The ATA therefore does not prevent PLO representatives invited by the State Department to Washington, D.C., from spending PLO funds to attend diplomatic meetings with Executive Branch officials, including for expenses that are necessary incidents to those meetings. The original opinion is available at https://www.justice.gov/olc/opinion/file/1548981/download.

October 28, 2022

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