Reading Room Document

Intent and Constitutionality of Legislation Prohibiting the Maintenance of an Office of the Palestine Liberation Organization in the United States

This memo examined (1) whether Congress intended in the Anti-Terrorism Act of 1987 to close the permanent observer mission of the Palestine Liberation Organization (“PLO”) to the United Nations; (2) whether the president must adhere to Congress’ intent to close the mission or to a conflicting prior treaty obligations under international law; and (3), whether requiring such closure would be constitutional. The OLC concluded that Congress did intend to close the PLO mission, that the president must adhere to this intention despite conflicting prior treaty obligations, and that here was no constitutional bar on closure. Thus, it found that the Act was valid and that closure of the PLO mission was required unless the president chose to invoke his general foreign affairs powers or his authority to “receive Ambassadors and other public ministers” to shield the PLO mission from the Act.

February 13, 1988