21 U.S.C. § 960a — Foreign terrorist organizations, terrorist

Page 905 TITLE 21—FOOD AND DRUGS § 961 1 See References in Text note below. tence for the offense has not been imposed as of Dec. 21, 2018, see section 401(c) of Pub. L. 115–391, set out as a note under section 802 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–425 effective 180 days after Oct. 15, 2008, except as otherwise provided, see section 3(j) of Pub. L. 110–425, set out as a note under section 802 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 330024(d)(2) of Pub. L. 103–322 effective 120 days after Dec. 17, 1993, see section 330024(f) of Pub. L. 103–322, set out as a note under section 802 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–200 effective on date that is 120 days after Dec. 17, 1993, see section 11 of Pub. L. 103–200, set out as a note under section 802 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 6053(c) of Pub. L. 100–690 effec- tive 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100–690, set out as a note under section 802 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 1004(a) of Pub. L. 99–570 effec- tive on date of taking effect of section 3583 of Title 18, Crimes and Criminal Procedure (Nov. 1, 1987), see sec- tion 1004(b) of Pub. L. 99–570 set out as a note under sec- tion 841 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 225 of Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title. § 960a. Foreign terrorist organizations, terrorist persons and groups (a) Prohibited acts Whoever engages in conduct that would be punishable under section 841(a) 1 of this title if committed within the jurisdiction of the United States, or attempts or conspires to do so, know- ing or intending to provide, directly or indi- rectly, anything of pecuniary value to any per- son or organization that has engaged or engages in terrorist activity (as defined in section 1182(a)(3)(B) of title 8) or terrorism (as defined in section 2656f(d)(2) of title 22), shall be sentenced to a term of imprisonment of not less than twice the minimum punishment under section 841(b)(1),1 and not more than life, a fine in ac- cordance with the provisions of title 18, or both. Notwithstanding section 3583 of title 18, any sen- tence imposed under this subsection shall in- clude a term of supervised release of at least 5 years in addition to such term of imprisonment. (b) Jurisdiction There is jurisdiction over an offense under this section if— (1) the prohibited drug activity or the ter- rorist offense is in violation of the criminal laws of the United States; (2) the offense, the prohibited drug activity, or the terrorist offense occurs in or affects interstate or foreign commerce; (3) an offender provides anything of pecu- niary value for a terrorist offense that causes or is designed to cause death or serious bodily injury to a national of the United States while that national is outside the United States, or substantial damage to the property of a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions) while that property is outside of the United States; (4) the offense or the prohibited drug activ- ity occurs in whole or in part outside of the United States (including on the high seas), and a perpetrator of the offense or the prohibited drug activity is a national of the United States or a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions); or (5) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct re- quired for the offense occurs outside the United States. (c) Proof requirements To violate subsection (a), a person must have knowledge that the person or organization has engaged or engages in terrorist activity (as de- fined in section 1182(a)(3)(B) of title 8) or ter- rorism (as defined in section 2656f(d)(2) of title 22). (d) Definition As used in this section, the term ‘‘anything of pecuniary value’’ has the meaning given the term in section 1958(b)(1) of title 18. (Pub. L. 91–513, title III, § 1010A, as added Pub. L. 109–177, title I, § 122, Mar. 9, 2006, 120 Stat. 225.) Editorial Notes REFERENCES IN TEXT Section 841, referred to in the original in subsec. (a), probably should have been a reference to section 401 of Pub. L. 91–513, which is classified to section 841 of this title. Pub. L. 91–513 does not contain a section 841. § 961. Prohibited acts B Any person who violates section 954 of this title or fails to notify the Attorney General of an importation or exportation under section 971 of this title shall be subject to the following penalties: (1) Except as provided in paragraph (2), any such person shall, with respect to any such violation, be subject to a civil penalty of not more than $25,000. Sections 842(c)(1) and (c)(3) of this title shall apply to any civil penalty as- sessed under this paragraph. (2) If such a violation is prosecuted by an in- formation or indictment which alleges that the violation was committed knowingly or in- tentionally and the trier of fact specifically