18 U.S.C. § 2339B — Providing material support or resources

Page 604 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2339B provisions which detailed what constitutes offense, for- merly contained in subsec. (b), as subsec. (a), inserting references to sections 37, 81, 175, 831, 842, 956, 1362, 1366, 2155, 2156, 2332, 2332a, 2332b, and 2340A of this title, striking out references to sections 36, 2331, and 2339 of this title, redesignating provisions which define ‘‘mate- rial support or resource’’, formerly contained in subsec. (a), as subsec. (b), substituting provisions excepting medicine or religious materials from definition for pro- visions excepting humanitarian assistance to persons not directly involved in violations, and struck out sub- sec. (c) which authorized investigations into possible violations, except activities involving First Amend- ment rights. Subsec. (a). Pub. L. 104–294, § 601(s)(2), (3), inserted ‘‘930(c),’’ before ‘‘956,’’, ‘‘1992,’’ before ‘‘2155,’’, ‘‘2332c,’’ before ‘‘or 2340A of this title’’, and ‘‘or an escape’’ after ‘‘concealment’’. Subsec. (b). Pub. L. 104–294, § 601(b)(2), which directed substitution of ‘‘2332’’ for ‘‘2331’’, ‘‘2332a’’ for ‘‘2339’’, ‘‘37’’ for ‘‘36’’, and ‘‘or an escape’’ for ‘‘of an escape’’ and which could not be executed after the general amendment by Pub. L. 104–132, was repealed by Pub. L. 107–273, § 4002(c)(1). See above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, provided that the amendment made by section 4002(c)(1) is effective Oct. 11, 1996. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 604(b)(5) of Pub. L. 104–294 ef- fective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title. § 2339B. Providing material support or resources to designated foreign terrorist organizations (a) PROHIBITED ACTIVITIES.— (1) UNLAWFUL CONDUCT.—Whoever knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so, shall be fined under this title or imprisoned not more than 20 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life. To violate this paragraph, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages in terrorist activity (as de- fined in section 212(a)(3)(B) of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism (as de- fined in section 140(d)(2) of the Foreign Rela- tions Authorization Act, Fiscal Years 1988 and 1989). (2) FINANCIAL INSTITUTIONS.—Except as au- thorized by the Secretary, any financial insti- tution that becomes aware that it has posses- sion of, or control over, any funds in which a foreign terrorist organization, or its agent, has an interest, shall— (A) retain possession of, or maintain con- trol over, such funds; and (B) report to the Secretary the existence of such funds in accordance with regulations issued by the Secretary. (b) CIVIL PENALTY.—Any financial institution that knowingly fails to comply with subsection (a)(2) shall be subject to a civil penalty in an amount that is the greater of— (A) $50,000 per violation; or (B) twice the amount of which the financial institution was required under subsection (a)(2) to retain possession or control. (c) INJUNCTION.—Whenever it appears to the Secretary or the Attorney General that any per- son is engaged in, or is about to engage in, any act that constitutes, or would constitute, a vio- lation of this section, the Attorney General may initiate civil action in a district court of the United States to enjoin such violation. (d) EXTRATERRITORIAL JURISDICTION.— (1) IN GENERAL.—There is jurisdiction over an offense under subsection (a) if— (A) an offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immi- gration and Nationality Act (8 U.S.C. 1101(a)(20))); (B) an offender is a stateless person whose habitual residence is in the United States; (C) after the conduct required for the of- fense occurs an offender is brought into or found in the United States, even if the con- duct required for the offense occurs outside the United States; (D) the offense occurs in whole or in part within the United States; (E) the offense occurs in or affects inter- state or foreign commerce; or (F) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under sub- section (a). (2) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial Federal jurisdiction over an offense under this section. (e) INVESTIGATIONS.— (1) IN GENERAL.—The Attorney General shall conduct any investigation of a possible viola- tion of this section, or of any license, order, or regulation issued pursuant to this section. (2) COORDINATION WITH THE DEPARTMENT OF THE TREASURY.—The Attorney General shall work in coordination with the Secretary in in- vestigations relating to— (A) the compliance or noncompliance by a financial institution with the requirements of subsection (a)(2); and (B) civil penalty proceedings authorized under subsection (b). (3) REFERRAL.—Any evidence of a criminal violation of this section arising in the course of an investigation by the Secretary or any other Federal agency shall be referred imme- diately to the Attorney General for further in- vestigation. The Attorney General shall time- ly notify the Secretary of any action taken on referrals from the Secretary, and may refer in- vestigations to the Secretary for remedial li- censing or civil penalty action. (f) CLASSIFIED INFORMATION IN CIVIL PRO- CEEDINGS BROUGHT BY THE UNITED STATES.— (1) DISCOVERY OF CLASSIFIED INFORMATION BY DEFENDANTS.— Page 605 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2339B (A) REQUEST BY UNITED STATES.—In any civil proceeding under this section, upon re- quest made ex parte and in writing by the United States, a court, upon a sufficient showing, may authorize the United States to— (i) redact specified items of classified in- formation from documents to be intro- duced into evidence or made available to the defendant through discovery under the Federal Rules of Civil Procedure; (ii) substitute a summary of the infor- mation for such classified documents; or (iii) substitute a statement admitting relevant facts that the classified informa- tion would tend to prove. (B) ORDER GRANTING REQUEST.—If the court enters an order granting a request under this paragraph, the entire text of the documents to which the request relates shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal. (C) DENIAL OF REQUEST.—If the court en- ters an order denying a request of the United States under this paragraph, the United States may take an immediate, interlocu- tory appeal in accordance with paragraph (5). For purposes of such an appeal, the en- tire text of the documents to which the re- quest relates, together with any transcripts of arguments made ex parte to the court in connection therewith, shall be maintained under seal and delivered to the appellate court. (2) INTRODUCTION OF CLASSIFIED INFORMATION; PRECAUTIONS BY COURT.— (A) EXHIBITS.—To prevent unnecessary or inadvertent disclosure of classified informa- tion in a civil proceeding brought by the United States under this section, the United States may petition the court ex parte to admit, in lieu of classified writings, record- ings, or photographs, one or more of the fol- lowing: (i) Copies of items from which classified information has been redacted. (ii) Stipulations admitting relevant facts that specific classified information would tend to prove. (iii) A declassified summary of the spe- cific classified information. (B) DETERMINATION BY COURT.—The court shall grant a request under this paragraph if the court finds that the redacted item, stipu- lation, or summary is sufficient to allow the defendant to prepare a defense. (3) TAKING OF TRIAL TESTIMONY.— (A) OBJECTION.—During the examination of a witness in any civil proceeding brought by the United States under this subsection, the United States may object to any question or line of inquiry that may require the witness to disclose classified information not pre- viously found to be admissible. (B) ACTION BY COURT.—In determining whether a response is admissible, the court shall take precautions to guard against the compromise of any classified information, including— (i) permitting the United States to pro- vide the court, ex parte, with a proffer of the witness’s response to the question or line of inquiry; and (ii) requiring the defendant to provide the court with a proffer of the nature of the information that the defendant seeks to elicit. (C) OBLIGATION OF DEFENDANT.—In any civil proceeding under this section, it shall be the defendant’s obligation to establish the relevance and materiality of any classi- fied information sought to be introduced. (4) APPEAL.—If the court enters an order de- nying a request of the United States under this subsection, the United States may take an immediate interlocutory appeal in accord- ance with paragraph (5). (5) INTERLOCUTORY APPEAL.— (A) SUBJECT OF APPEAL.—An interlocutory appeal by the United States shall lie to a court of appeals from a decision or order of a district court— (i) authorizing the disclosure of classi- fied information; (ii) imposing sanctions for nondisclosure of classified information; or (iii) refusing a protective order sought by the United States to prevent the disclo- sure of classified information. (B) EXPEDITED CONSIDERATION.— (i) IN GENERAL.—An appeal taken pursu- ant to this paragraph, either before or dur- ing trial, shall be expedited by the court of appeals. (ii) APPEALS PRIOR TO TRIAL.—If an ap- peal is of an order made prior to trial, an appeal shall be taken not later than 14 days after the decision or order appealed from, and the trial shall not commence until the appeal is resolved. (iii) APPEALS DURING TRIAL.—If an appeal is taken during trial, the trial court shall adjourn the trial until the appeal is re- solved, and the court of appeals— (I) shall hear argument on such appeal not later than 4 days after the adjourn- ment of the trial, excluding intermediate weekends and holidays; (II) may dispense with written briefs other than the supporting materials pre- viously submitted to the trial court; (III) shall render its decision not later than 4 days after argument on appeal, excluding intermediate weekends and holidays; and (IV) may dispense with the issuance of a written opinion in rendering its deci- sion. (C) EFFECT OF RULING.—An interlocutory appeal and decision shall not affect the right of the defendant, in a subsequent appeal from a final judgment, to claim as error re- versal by the trial court on remand of a rul- ing appealed from during trial. (6) CONSTRUCTION.—Nothing in this sub- section shall prevent the United States from seeking protective orders or asserting privi- leges ordinarily available to the United States Page 606 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2339B to protect against the disclosure of classified information, including the invocation of the military and State secrets privilege. (g) DEFINITIONS.—As used in this section— (1) the term ‘‘classified information’’ has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); (2) the term ‘‘financial institution’’ has the same meaning as in section 5312(a)(2) of title 31, United States Code; (3) the term ‘‘funds’’ includes coin or cur- rency of the United States or any other coun- try, traveler’s checks, personal checks, bank checks, money orders, stocks, bonds, deben- tures, drafts, letters of credit, any other nego- tiable instrument, and any electronic rep- resentation of any of the foregoing; (4) the term ‘‘material support or resources’’ has the same meaning given that term in sec- tion 2339A (including the definitions of ‘‘train- ing’’ and ‘‘expert advice or assistance’’ in that section); (5) the term ‘‘Secretary’’ means the Sec- retary of the Treasury; and (6) the term ‘‘terrorist organization’’ means an organization designated as a terrorist orga- nization under section 219 of the Immigration and Nationality Act. (h) PROVISION OF PERSONNEL.—No person may be prosecuted under this section in connection with the term ‘‘personnel’’ unless that person has knowingly provided, attempted to provide, or conspired to provide a foreign terrorist orga- nization with 1 or more individuals (who may be or include himself) to work under that terrorist organization’s direction or control or to orga- nize, manage, supervise, or otherwise direct the operation of that organization. Individuals who act entirely independently of the foreign ter- rorist organization to advance its goals or objec- tives shall not be considered to be working under the foreign terrorist organization’s direc- tion and control. (i) RULE OF CONSTRUCTION.—Nothing in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States. (j) EXCEPTION.—No person may be prosecuted under this section in connection with the term ‘‘personnel’’, ‘‘training’’, or ‘‘expert advice or assistance’’ if the provision of that material support or resources to a foreign terrorist orga- nization was approved by the Secretary of State with the concurrence of the Attorney General. The Secretary of State may not approve the pro- vision of any material support that may be used to carry out terrorist activity (as defined in sec- tion 212(a)(3)(B)(iii) of the Immigration and Na- tionality Act). (Added Pub. L. 104–132, title III, § 303(a), Apr. 24, 1996, 110 Stat. 1250; amended Pub. L. 107–56, title VIII, § 810(d), Oct. 26, 2001, 115 Stat. 380; Pub. L. 108–458, title VI, § 6603(c)–(f), Dec. 17, 2004, 118 Stat. 3762, 3763; Pub. L. 111–16, § 3(6)–(8), May 7, 2009, 123 Stat. 1608; Pub. L. 114–23, title VII, § 704, June 2, 2015, 129 Stat. 300.) REFERENCES IN TEXT Section 212(a)(3)(B) of the Immigration and Nation- ality Act, referred to in subsecs. (a)(1) and (j), is classi- fied to section 1182(a)(3)(B) of Title 8, Aliens and Na- tionality. Section 140(d)(2) of the Foreign Relations Authoriza- tion Act, Fiscal Years 1988 and 1989, referred to in sub- sec. (a)(1), is classified to section 2656f(d)(2) of Title 22, Foreign Relations and Intercourse. The Federal Rules of Civil Procedure, referred to in subsec. (f)(1)(A)(i), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Section 1(a) of the Classified Information Procedures Act, referred to in subsec. (g)(1), is section 1(a) of Pub. L. 95–456, which is set out in the Appendix to this title. Section 219 of the Immigration and Nationality Act, referred to in subsec. (g)(6), is classified to section 1189 of Title 8, Aliens and Nationality. Editorial Notes AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–23 substituted ‘‘20 years’’ for ‘‘15 years’’. 2009—Subsec. (f)(5)(B)(ii). Pub. L. 111–16, § 3(6), sub- stituted ‘‘14 days’’ for ‘‘10 days’’. Subsec. (f)(5)(B)(iii)(I). Pub. L. 111–16, § 3(7), inserted ‘‘, excluding intermediate weekends and holidays’’ after ‘‘trial’’. Subsec. (f)(5)(B)(iii)(III). Pub. L. 111–16, § 3(8), inserted ‘‘, excluding intermediate weekends and holidays’’ after ‘‘appeal’’. 2004—Subsec. (a)(1). Pub. L. 108–458, § 6603(c), struck out ‘‘, within the United States or subject to the juris- diction of the United States,’’ after ‘‘Whoever’’ and in- serted at end ‘‘To violate this paragraph, a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection (g)(6)), that the organization has engaged or engages in ter- rorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act), or that the organi- zation has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authoriza- tion Act, Fiscal Years 1988 and 1989).’’ Subsec. (d). Pub. L. 108–458, § 6603(d), designated exist- ing provisions as par. (2), inserted par. (2) heading, and added par. (1). Subsec. (g)(4). Pub. L. 108–458, § 6603(e), amended par. (4) generally. Prior to amendment, par. (4) read as fol- lows: ‘‘the term ‘material support or resources’ has the same meaning as in section 2339A;’’. Subsecs. (h) to (j). Pub. L. 108–458, § 6603(f), added sub- secs. (h) to (j). 2001—Subsec. (a)(1). Pub. L. 107–56 substituted ‘‘15 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life’’ for ‘‘10 years, or both’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy. FINDINGS AND PURPOSE Pub. L. 104–132, title III, § 301, Apr. 24, 1996, 110 Stat. 1247, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) international terrorism is a serious and deadly problem that threatens the vital interests of the United States; ‘‘(2) the Constitution confers upon Congress the power to punish crimes against the law of nations and to carry out the treaty obligations of the United States, and therefore Congress may by law impose penalties relating to the provision of material sup- port to foreign organizations engaged in terrorist ac- tivity; Page 607 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2339C ‘‘(3) the power of the United States over immigra- tion and naturalization permits the exclusion from the United States of persons belonging to inter- national terrorist organizations; ‘‘(4) international terrorism affects the interstate and foreign commerce of the United States by harm- ing international trade and market stability, and limiting international travel by United States citi- zens as well as foreign visitors to the United States; ‘‘(5) international cooperation is required for an ef- fective response to terrorism, as demonstrated by the numerous multilateral conventions in force providing universal prosecutive jurisdiction over persons in- volved in a variety of terrorist acts, including hos- tage taking, murder of an internationally protected person, and aircraft piracy and sabotage; ‘‘(6) some foreign terrorist organizations, acting through affiliated groups or individuals, raise signifi- cant funds within the United States, or use the United States as a conduit for the receipt of funds raised in other nations; and ‘‘(7) foreign organizations that engage in terrorist activity are so tainted by their criminal conduct that any contribution to such an organization facilitates that conduct. ‘‘(b) PURPOSE.—The purpose of this subtitle [subtitle A (§§ 301–303) of title III of Pub. L. 104–132, enacting this section and section 1189 of Title 8, Aliens and Nation- ality] is to provide the Federal Government the fullest possible basis, consistent with the Constitution, to pre- vent persons within the United States, or subject to the jurisdiction of the United States, from providing mate- rial support or resources to foreign organizations that engage in terrorist activities.’’ § 2339C. Prohibitions against the financing of ter- rorism (a) OFFENSES.— (1) IN GENERAL.—Whoever, in a circumstance described in subsection (b), by any means, di- rectly or indirectly, unlawfully and willfully provides or collects funds with the intention that such funds be used, or with the knowledge that such funds are to be used, in full or in part, in order to carry out— (A) an act which constitutes an offense within the scope of a treaty specified in sub- section (e)(7), as implemented by the United States, or (B) any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a popu- lation, or to compel a government or an international organization to do or to ab- stain from doing any act, shall be punished as prescribed in subsection (d)(1). (2) ATTEMPTS AND CONSPIRACIES.—Whoever attempts or conspires to commit an offense under paragraph (1) shall be punished as pre- scribed in subsection (d)(1). (3) RELATIONSHIP TO PREDICATE ACT.—For an act to constitute an offense set forth in this subsection, it shall not be necessary that the funds were actually used to carry out a predi- cate act. (b) JURISDICTION.—There is jurisdiction over the offenses in subsection (a) in the following circumstances— (1) the offense takes place in the United States and— (A) a perpetrator was a national of another state or a stateless person; (B) on board a vessel flying the flag of an- other state or an aircraft which is registered under the laws of another state at the time the offense is committed; (C) on board an aircraft which is operated by the government of another state; (D) a perpetrator is found outside the United States; (E) was directed toward or resulted in the carrying out of a predicate act against— (i) a national of another state; or (ii) another state or a government facil- ity of such state, including its embassy or other diplomatic or consular premises of that state; (F) was directed toward or resulted in the carrying out of a predicate act committed in an attempt to compel another state or inter- national organization to do or abstain from doing any act; or (G) was directed toward or resulted in the carrying out of a predicate act— (i) outside the United States; or (ii) within the United States, and either the offense or the predicate act was con- ducted in, or the results thereof affected, interstate or foreign commerce; (2) the offense takes place outside the United States and— (A) a perpetrator is a national of the United States or is a stateless person whose habitual residence is in the United States; (B) a perpetrator is found in the United States; or (C) was directed toward or resulted in the carrying out of a predicate act against— (i) any property that is owned, leased, or used by the United States or by any de- partment or agency of the United States, including an embassy or other diplomatic or consular premises of the United States; (ii) any person or property within the United States; (iii) any national of the United States or the property of such national; or (iv) any property of any legal entity or- ganized under the laws of the United States, including any of its States, dis- tricts, commonwealths, territories, or pos- sessions; (3) the offense is committed on board a ves- sel flying the flag of the United States or an aircraft which is registered under the laws of the United States at the time the offense is committed; (4) the offense is committed on board an air- craft which is operated by the United States; or (5) the offense was directed toward or re- sulted in the carrying out of a predicate act committed in an attempt to compel the United States to do or abstain from doing any act. (c) CONCEALMENT.—Whoever— (1)(A) is in the United States; or (B) is outside the United States and is a na- tional of the United States or a legal entity