18 U.S.C. § 2335 — Limitation of actions

Page 601 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2335 (i) for matters related to activities de- scribed in this paragraph; (ii) for the purpose of adjudicating or re- solving claims filed in courts of the United States; or (iii) to comply with this subsection; or (F) any personal or official activities con- ducted ancillary to activities listed under this paragraph. (4) RULE OF CONSTRUCTION.—Notwithstanding any other law (including any treaty), any of- fice, headquarters, premises, or other facility or establishment within the territory of the United States that is not specifically exempt- ed by paragraph (3)(A) shall be considered to be in the United States for purposes of para- graph (1)(B). (5) DEFINED TERM.—In this subsection, the term ‘‘defendant’’ means— (A) the Palestinian Authority; (B) the Palestine Liberation Organization; (C) any organization or other entity that is a successor to or affiliated with the Pales- tinian Authority or the Palestine Liberation Organization; or (D) any organization or other entity that— (i) is identified in subparagraph (A), (B), or (C); and (ii) self identifies as, holds itself out to be, or carries out conduct in the name of, the ‘‘State of Palestine’’ or ‘‘Palestine’’ in connection with official business of the United Nations. (Added Pub. L. 102–572, title X, § 1003(a)(4), Oct. 29, 1992, 106 Stat. 4522; amended Pub. L. 115–253, § 4(a), Oct. 3, 2018, 132 Stat. 3184; Pub. L. 116–94, div. J, title IX, § 903(c)(1), Dec. 20, 2019, 133 Stat. 3083.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Promoting Security and Justice for Victims of Terrorism Act of 2019, re- ferred to in subsec. (e)(1)(A), (B), is the date of enact- ment of section 903 of div. J of Pub. L. 116–94, which was approved Dec. 20, 2019. AMENDMENTS 2019—Subsec. (e)(1). Pub. L. 116–94, § 903(c)(1)(A), added par. (1) and struck out former par. (1). Prior to amend- ment, text read as follows: ‘‘Except as provided in para- graph (2), for purposes of any civil action under section 2333 of this title, a defendant shall be deemed to have consented to personal jurisdiction in such civil action if, regardless of the date of the occurrence of the act of international terrorism upon which such civil action was filed, the defendant— ‘‘(A) after the date that is 120 days after the date of enactment of this subsection, accepts— ‘‘(i) any form of assistance, however provided, under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.); ‘‘(ii) any form of assistance, however provided, under section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291) for international narcotics con- trol and law enforcement; or ‘‘(iii) any form of assistance, however provided, under chapter 9 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb et seq.); or ‘‘(B) in the case of a defendant benefiting from a waiver or suspension of section 1003 of the Anti-Ter- rorism Act of 1987 (22 U.S.C. 5202) after the date that is 120 days after the date of enactment of this sub- section— ‘‘(i) continues to maintain any office, head- quarters, premises, or other facilities or establish- ments within the jurisdiction of the United States; or ‘‘(ii) establishes or procures any office, head- quarters, premises, or other facilities or establish- ments within the jurisdiction of the United States.’’ Subsec. (e)(2). Pub. L. 116–94, § 903(c)(1)(B), inserted at end ‘‘Except with respect to payments described in paragraph (1)(A), no court may consider the receipt of any assistance by a nongovernmental organization, whether direct or indirect, as a basis for consent to ju- risdiction by a defendant.’’ Subsec. (e)(3) to (5). Pub. L. 116–94, § 903(c)(1)(C), added pars. (3) to (5). 2018—Subsec. (e). Pub. L. 115–253 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT; ABROGATION; CONSTRUCTION; SEVERABILITY Amendment by Pub. L. 116–94 applicable to any case pending on or after Aug. 30, 2016, with additional rules of construction and abrogation and severability provi- sions, see section 903(c)(2) and (d) of Pub. L. 116–94, set out in a note under section 2333 of this title. EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–253, § 4(b), Oct. 3, 2018, 132 Stat. 3185, pro- vided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Oct. 3, 2018].’’ EFFECTIVE DATE Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title. § 2335. Limitation of actions (a) IN GENERAL.—Subject to subsection (b), a suit for recovery of damages under section 2333 of this title shall not be maintained unless com- menced within 10 years after the date the cause of action accrued. (b) CALCULATION OF PERIOD.—The time of the absence of the defendant from the United States or from any jurisdiction in which the same or a similar action arising from the same facts may be maintained by the plaintiff, or of any con- cealment of the defendant’s whereabouts, shall not be included in the 10-year period set forth in subsection (a). (Added Pub. L. 102–572, title X, § 1003(a)(4), Oct. 29, 1992, 106 Stat. 4523; amended Pub. L. 112–239, div. A, title XII, § 1251(a), Jan. 2, 2013, 126 Stat. 2017.) Editorial Notes AMENDMENTS 2013—Subsec. (a). Pub. L. 112–239, § 1251(a)(1), sub- stituted ‘‘10 years’’ for ‘‘4 years’’. Subsec. (b). Pub. L. 112–239, § 1251(a)(2), substituted ‘‘10-year period’’ for ‘‘4-year period’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title XII, § 1251(b), Jan. 2, 2013, 126 Stat. 2017, provided that: ‘‘The amendments made by this section [amending this section] shall apply to Page 602 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2336 any civil action arising under section 2333 of title 18, United States Code, that is pending on, or commenced on or after, the date of the enactment of this Act [Jan. 2, 2013].’’ EFFECTIVE DATE Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title. § 2336. Other limitations (a) ACTS OF WAR.—No action shall be main- tained under section 2333 of this title for injury or loss by reason of an act of war. (b) LIMITATION ON DISCOVERY.—If a party to an action under section 2333 seeks to discover the investigative files of the Department of Justice, the Assistant Attorney General, Deputy Attor- ney General, or Attorney General may object on the ground that compliance will interfere with a criminal investigation or prosecution of the in- cident, or a national security operation related to the incident, which is the subject of the civil litigation. The court shall evaluate any such ob- jections in camera and shall stay the discovery if the court finds that granting the discovery re- quest will substantially interfere with a crimi- nal investigation or prosecution of the incident or a national security operation related to the incident. The court shall consider the likelihood of criminal prosecution by the Government and other factors it deems to be appropriate. A stay of discovery under this subsection shall con- stitute a bar to the granting of a motion to dis- miss under rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. If the court grants a stay of discovery under this subsection, it may stay the action in the interests of justice. (c) STAY OF ACTION FOR CIVIL REMEDIES.—(1) The Attorney General may intervene in any civil action brought under section 2333 for the purpose of seeking a stay of the civil action. A stay shall be granted if the court finds that the continuation of the civil action will substan- tially interfere with a criminal prosecution which involves the same subject matter and in which an indictment has been returned, or inter- fere with national security operations related to the terrorist incident that is the subject of the civil action. A stay may be granted for up to 6 months. The Attorney General may petition the court for an extension of the stay for additional 6-month periods until the criminal prosecution is completed or dismissed. (2) In a proceeding under this subsection, the Attorney General may request that any order issued by the court for release to the parties and the public omit any reference to the basis on which the stay was sought. (Added Pub. L. 102–572, title X, § 1003(a)(4), Oct. 29, 1992, 106 Stat. 4523.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to Title 28, Ju- diciary and Judicial Procedure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title. § 2337. Suits against Government officials No action shall be maintained under section 2333 of this title against— (1) the United States, an agency of the United States, or an officer or employee of the United States or any agency thereof acting within his or her official capacity or under color of legal authority; or (2) a foreign state, an agency of a foreign state, or an officer or employee of a foreign state or an agency thereof acting within his or her official capacity or under color of legal au- thority. (Added Pub. L. 102–572, title X, § 1003(a)(4), Oct. 29, 1992, 106 Stat. 4523.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title. § 2338. Exclusive Federal jurisdiction The district courts of the United States shall have exclusive jurisdiction over an action brought under this chapter. (Added Pub. L. 102–572, title X, § 1003(a)(4), Oct. 29, 1992, 106 Stat. 4524.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title. § 2339. Harboring or concealing terrorists (a) Whoever harbors or conceals any person who he knows, or has reasonable grounds to be- lieve, has committed, or is about to commit, an offense under section 32 (relating to destruction of aircraft or aircraft facilities), section 175 (re- lating to biological weapons), section 229 (relat- ing to chemical weapons), section 831 (relating to nuclear materials), paragraph (2) or (3) of sec- tion 844(f) (relating to arson and bombing of gov- ernment property risking or causing injury or death), section 1366(a) (relating to the destruc- tion of an energy facility), section 2280 (relating to violence against maritime navigation), sec- tion 2332a (relating to weapons of mass destruc- tion), or section 2332b (relating to acts of ter- rorism transcending national boundaries) of this title, section 236(a) (relating to sabotage of nu- clear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (relat- ing to aircraft piracy) of title 49, shall be fined under this title or imprisoned not more than ten years, or both. (b) A violation of this section may be pros- ecuted in any Federal judicial district in which