18 U.S.C. § 2339A — Providing material support to terrorists

Page 603 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2339A the underlying offense was committed, or in any other Federal judicial district as provided by law. (Added Pub. L. 107–56, title VIII, § 803(a), Oct. 26, 2001, 115 Stat. 376; amended Pub. L. 107–273, div. B, title IV, § 4005(d)(2), Nov. 2, 2002, 116 Stat. 1813.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 made technical correction to di- rectory language of Pub. L. 107–56, § 803(a), which en- acted this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–273, div. B, title IV, § 4005(d)(2), Nov. 2, 2002, 116 Stat. 1813, provided that the amendment made by section 4005(d)(2) is effective Oct. 26, 2001. § 2339A. Providing material support to terrorists (a) OFFENSE.—Whoever provides material sup- port or resources or conceals or disguises the na- ture, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in car- rying out, a violation of section 32, 37, 81, 175, 229, 351, 831, 842(m) or (n), 844(f) or (i), 930(c), 956, 1091, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, 2332f, 2340A, or 2442 of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), sec- tion 46502 or 60123(b) of title 49, or any offense listed in section 2332b(g)(5)(B) (except for sec- tions 2339A and 2339B) or in preparation for, or in carrying out, the concealment of an escape from the commission of any such violation, or attempts or conspires to do such an act, shall be fined under this title, imprisoned not more than 15 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life. A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law. (b) DEFINITIONS.—As used in this section— (1) the term ‘‘material support or resources’’ means any property, tangible or intangible, or service, including currency or monetary in- struments or financial securities, financial services, lodging, training, expert advice or as- sistance, safehouses, false documentation or identification, communications equipment, fa- cilities, weapons, lethal substances, explo- sives, personnel (1 or more individuals who may be or include oneself), and transpor- tation, except medicine or religious materials; (2) the term ‘‘training’’ means instruction or teaching designed to impart a specific skill, as opposed to general knowledge; and (3) the term ‘‘expert advice or assistance’’ means advice or assistance derived from sci- entific, technical or other specialized knowl- edge. (Added Pub. L. 103–322, title XII, § 120005(a), Sept. 13, 1994, 108 Stat. 2022; amended Pub. L. 104–132, title III, § 323, Apr. 24, 1996, 110 Stat. 1255; Pub. L. 104–294, title VI, §§ 601(b)(2), (s)(2), (3), 604(b)(5), Oct. 11, 1996, 110 Stat. 3498, 3502, 3506; Pub. L. 107–56, title VIII, §§ 805(a), 810(c), 811(f), Oct. 26, 2001, 115 Stat. 377, 380, 381; Pub. L. 107–197, title III, § 301(c), June 25, 2002, 116 Stat. 728; Pub. L. 107–273, div. B, title IV, § 4002(a)(7), (c)(1), (e)(11), Nov. 2, 2002, 116 Stat. 1807, 1808, 1811; Pub. L. 108–458, title VI, § 6603(a)(2), (b), Dec. 17, 2004, 118 Stat. 3762; Pub. L. 109–177, title I, § 110(b)(3)(B), Mar. 9, 2006, 120 Stat. 208; Pub. L. 111–122, § 3(d), Dec. 22, 2009, 123 Stat. 3481.) Editorial Notes AMENDMENTS 2009—Subsec. (a). Pub. L. 111–122 inserted ‘‘, 1091’’ after ‘‘956’’ and substituted ‘‘, 2340A, or 2442’’ for ‘‘, or 2340A’’. 2006—Subsec. (a). Pub. L. 109–177 struck out ‘‘1993,’’ after ‘‘1992,’’. 2004—Subsec. (a). Pub. L. 108–458, § 6603(a)(2)(B), which directed amendment of this section by inserting ‘‘or any offense listed in section 2332b(g)(5)(B) (except for sections 2339A and 2339B)’’ after ‘‘section 60123(b) of title 49,’’, was executed by making the insertion in sub- sec. (a) after ‘‘section 46502 or 60123(b) of title 49,’’ to re- flect the probable intent of Congress. Pub. L. 108–458, § 6603(a)(2)(A), struck out ‘‘or’’ before ‘‘section 46502’’. Subsec. (b). Pub. L. 108–458, § 6603(b), reenacted head- ing without change and amended text generally. Prior to amendment, text read as follows: ‘‘In this section, the term ‘material support or resources’ means cur- rency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identi- fication, communications equipment, facilities, weap- ons, lethal substances, explosives, personnel, transpor- tation, and other physical assets, except medicine or religious materials.’’ 2002—Subsec. (a). Pub. L. 107–273, § 4002(a)(7), (e)(11), struck out ‘‘2332c,’’ after ‘‘2332b,’’ and substituted ‘‘of an escape’’ for ‘‘or an escape’’. Pub. L. 107–197 inserted ‘‘2332f,’’ before ‘‘or 2340A’’. Subsec. (b). Pub. L. 107–273, § 4002(c)(1), repealed amendment by Pub. L. 104–294, § 601(b)(2). See 1996 Amendment note below. 2001—Subsec. (a). Pub. L. 107–56, § 811(f), inserted ‘‘or attempts or conspires to do such an act,’’ before ‘‘shall be fined’’. Pub. L. 107–56, § 810(c)(1), substituted ‘‘15 years’’ for ‘‘10 years’’. Pub. L. 107–56, § 810(c)(2), which directed substitution of ‘‘, and, if the death of any person results, shall be imprisoned for any term of years or for life.’’ for period, was executed by making the substitution for the period at end of the first sentence to reflect the probable in- tent of Congress and the intervening amendment by section 805(a)(1)(F) of Pub. L. 107–56. See below. Pub. L. 107–56, § 805(a)(1)(F), inserted at end ‘‘A viola- tion of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.’’ Pub. L. 107–56, §§ 805(a)(1)(A)–(E), struck out ‘‘, within the United States,’’ after ‘‘Whoever’’, and inserted ‘‘229,’’ after ‘‘175,’’, ‘‘1993,’’ after ‘‘1992,’’, ‘‘, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284),’’ after ‘‘2340A of this title’’, and ‘‘or 60123(b)’’ after ‘‘section 46502’’. Subsec. (b). Pub. L. 107–56, § 805(a)(2), substituted ‘‘or monetary instruments or financial securities’’ for ‘‘or other financial securities’’ and inserted ‘‘expert advice or assistance,’’ after ‘‘training,’’. 1996—Pub. L. 104–294, § 604(b)(5), amended directory language of Pub. L. 103–322, § 120005(a), which enacted this section. Pub. L. 104–132 amended section generally, reenacting section catchline without change and redesignating 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.—