U.S.-EU Cooperation Against Terrorism

Kristin Archick
Specialist in European Affairs

The September 11, 2001, terrorist attacks gave new momentum to European Union (EU) initiatives to combat terrorism and improve police, judicial, and intelligence cooperation among its member states. Since the 2001 attacks, the EU has sought to speed up its efforts to harmonize national laws and bring down barriers among member states’ law enforcement authorities so that information can be meaningfully shared and suspects apprehended expeditiously. Among other steps, the EU has established a common definition of terrorism and a common list of terrorist groups, an EU arrest warrant, enhanced tools to stem terrorist financing, and new measures to strengthen external EU border controls and improve aviation security.

As part of its drive to improve its counterterrorism capabilities, the EU has also made improving cooperation with the United States a top priority. Washington has largely welcomed these efforts, recognizing that they may help root out terrorist cells and prevent future attacks against the United States or its interests abroad. U.S.-EU cooperation against terrorism has led to a new dynamic in U.S.-EU relations by fostering dialogue on law enforcement and homeland security issues previously reserved for bilateral discussions. Contacts between U.S. and EU officials on police, judicial, and border control policy matters have increased substantially since 2001. A number of new U.S.-EU agreements have also been reached; these include information-sharing arrangements between the United States and EU police and judicial bodies, two new U.S.-EU treaties on extradition and mutual legal assistance, and accords on container security and airline passenger data. In addition, the United States and the EU have been working together to clamp down on terrorist financing and to improve aviation and transport security.

Despite U.S.-EU strides to foster closer counterterrorism and law enforcement cooperation, some challenges remain. Data privacy has been and continues to be a key sticking point. In February 2010, the European Parliament (EP) rejected a U.S.-EU agreement—known as the SWIFT accord—that would have continued allowing U.S. authorities access to financial data stored in Europe to help combat terrorism on the grounds that it did not contain sufficient protections to safeguard the personal data and privacy rights of EU citizens. Although the EP approved a revised U.S.-EU SWIFT agreement in July 2010, some Members of the European Parliament—for many years and for similar reasons—have also challenged a U.S.-EU agreement permitting airlines to share passenger name record (PNR) data with U.S. authorities. U.S. and EU officials are currently negotiating revisions to the existing PNR accord in an effort to assuage EP concerns. Other issues that have led to periodic U.S.-EU tensions include terrorist detainee policies, differences in the U.S. and EU terrorist designation lists, and balancing border security with legitimate transatlantic travel and commerce.

Nevertheless, both the United States and the EU appear committed to fostering closer cooperation in the areas of counterterrorism and other homeland security issues. Congressional decisions related to improving border controls and transport security, in particular, may affect how future U.S.-EU cooperation evolves. In addition, given the European Parliament’s growing influence in many of these policy areas, Members of Congress may be able to help shape Parliament’s views and responses through ongoing contacts and the existing Transatlantic Legislators’ Dialogue (TLD). This report examines the evolution of U.S.-EU counterterrorism cooperation and the ongoing challenges that may be of interest in the 112th Congress. For additional background, also see CRS Report RL31509, Europe and Counterterrorism: Strengthening Police and Judicial Cooperation, by Kristin Archick.


Date of Report: May 2, 2011
Number of Pages: 19
Order Number: RS22030
Price: $29.95

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