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10 Prosecutions
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33 Convictions
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CITE

    18 USC Sec. 2339B                                           01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113B - TERRORISM

HEAD

    Sec. 2339B. Providing material support or resources to designated
      foreign terrorist organizations

STATUTE

      (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 15 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
      defined in section 212(a)(3)(B) of the Immigration and
      Nationality Act), or that the organization has engaged or engages
      in terrorism (as defined in section 140(d)(2) of the Foreign
      Relations Authorization Act, Fiscal Years 1988 and 1989).
        (2) Financial institutions. - Except as authorized by the
      Secretary, any financial institution that becomes aware that it
      has possession 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 control 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 person is engaged in, or is about to
    engage in, any act that constitutes, or would constitute, a
    violation 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 Immigration 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 offense occurs an
        offender is brought into or found in the United States, even if
        the conduct 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 interstate 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 subsection (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 violation 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
      investigations 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
      immediately to the Attorney General for further investigation.
      The Attorney General shall timely notify the Secretary of any
      action taken on referrals from the Secretary, and may refer
      investigations to the Secretary for remedial licensing or civil
      penalty action.
      (f) Classified Information in Civil Proceedings Brought by the
    United States. -
        (1) Discovery of classified information by defendants. -
          (A) Request by united states. - In any civil proceeding under
        this section, upon request 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 information from
          documents to be introduced into evidence or made available to
          the defendant through discovery under the Federal Rules of
          Civil Procedure;
            (ii) substitute a summary of the information for such
          classified documents; or
            (iii) substitute a statement admitting relevant facts that
          the classified information 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 enters an order denying
        a request of the United States under this paragraph, the United
        States may take an immediate, interlocutory appeal in
        accordance with paragraph (5). For purposes of such an appeal,
        the entire text of the documents to which the request 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 information 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, recordings, or photographs, one or more of
        the following:
            (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 specific classified
          information.
          (B) Determination by court. - The court shall grant a request
        under this paragraph if the court finds that the redacted item,
        stipulation, 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 previously 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 provide 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 classified
        information sought to be introduced.
        (4) Appeal. - If the court enters an order denying a request of
      the United States under this subsection, the United States may
      take an immediate interlocutory appeal in accordance 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 classified information;
            (ii) imposing sanctions for nondisclosure of classified
          information; or
            (iii) refusing a protective order sought by the United
          States to prevent the disclosure of classified information.
          (B) Expedited consideration. -
            (i) In general. - An appeal taken pursuant to this
          paragraph, either before or during trial, shall be expedited
          by the court of appeals.
            (ii) Appeals prior to trial. - If an appeal is of an order
          made prior to trial, an appeal shall be taken not later than
          10 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 resolved, and the court of appeals -
              (I) shall hear argument on such appeal not later than 4
            days after the adjournment of the trial;
              (II) may dispense with written briefs other than the
            supporting materials previously submitted to the trial
            court;
              (III) shall render its decision not later than 4 days
            after argument on appeal; and
              (IV) may dispense with the issuance of a written opinion
            in rendering its decision.
          (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 reversal by the
        trial court on remand of a ruling appealed from during trial.
        (6) Construction. - Nothing in this subsection shall prevent
      the United States from seeking protective orders or asserting
      privileges ordinarily available to the United States 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 currency of the United
      States or any other country, traveler's checks, personal checks,
      bank checks, money orders, stocks, bonds, debentures, drafts,
      letters of credit, any other negotiable instrument, and any
      electronic representation of any of the foregoing;
        (4) the term "material support or resources" has the same
      meaning given that term in section 2339A (including the
      definitions of "training" and "expert advice or assistance" in
      that section);
        (5) the term "Secretary" means the Secretary of the Treasury;
      and
        (6) the term "terrorist organization" means an organization
      designated as a terrorist organization 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 organization with 1 or more
    individuals (who may be or include himself) to work under that
    terrorist organization's direction or control or to organize,
    manage, supervise, or otherwise direct the operation of that
    organization. Individuals who act entirely independently of the
    foreign terrorist organization to advance its goals or objectives
    shall not be considered to be working under the foreign terrorist
    organization's direction 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 organization was approved by the
    Secretary of State with the concurrence of the Attorney General.
    The Secretary of State may not approve the provision of any
    material support that may be used to carry out terrorist activity
    (as defined in section 212(a)(3)(B)(iii) of the Immigration and
    Nationality Act).

SOURCE

    (Added Pub. L. 104-132, title III, Sec. 303(a), Apr. 24, 1996, 110
    Stat. 1250; amended Pub. L. 107-56, title VIII, Sec. 810(d), Oct.
    26, 2001, 115 Stat. 380; Pub. L. 108-458, title VI, Sec. 6603(c)-
    (f), Dec. 17, 2004, 118 Stat. 3762, 3763.)

REFERENCES IN TEXT

      Section 212(a)(3)(B) of the Immigration and Nationality Act,
    referred to in subsecs. (a)(1) and (j), is classified to section
    1182(a)(3)(B) of Title 8, Aliens and Nationality.
      Section 140(d)(2) of the Foreign Relations Authorization Act,
    Fiscal Years 1988 and 1989, referred to in subsec. (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.

AMENDMENTS

      2004 - Subsec. (a)(1). Pub. L. 108-458, Sec. 6603(c), struck out
    ", within the United States or subject to the jurisdiction of the
    United States," after "Whoever" and inserted 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 terrorist
    activity (as defined in section 212(a)(3)(B) of the Immigration and
    Nationality Act), or that the organization has engaged or engages
    in terrorism (as defined in section 140(d)(2) of the Foreign
    Relations Authorization Act, Fiscal Years 1988 and 1989)."
      Subsec. (d). Pub. L. 108-458, Sec. 6603(d), designated existing
    provisions as par. (2), inserted par. (2) heading, and added par.
    (1).
      Subsec. (g)(4). Pub. L. 108-458, Sec. 6603(e), amended par. (4)
    generally. Prior to amendment, par. (4) read as follows: "the term
    'material support or resources' has the same meaning as in section
    2339A;".
      Subsecs. (h) to (j). Pub. L. 108-458, Sec. 6603(f), added
    subsecs. (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".
                           FINDINGS AND PURPOSE
      Section 301 of title III of Pub. L. 104-132 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
      support to foreign organizations engaged in terrorist activity;
        "(3) the power of the United States over immigration and
      naturalization permits the exclusion from the United States of
      persons belonging to international terrorist organizations;
        "(4) international terrorism affects the interstate and foreign
      commerce of the United States by harming international trade and
      market stability, and limiting international travel by United
      States citizens as well as foreign visitors to the United States;
        "(5) international cooperation is required for an effective
      response to terrorism, as demonstrated by the numerous
      multilateral conventions in force providing universal prosecutive
      jurisdiction over persons involved in a variety of terrorist
      acts, including hostage taking, murder of an internationally
      protected person, and aircraft piracy and sabotage;
        "(6) some foreign terrorist organizations, acting through
      affiliated groups or individuals, raise significant 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 (Secs.
    301-303) of title III of Pub. L. 104-132, enacting this section and
    section 1189 of Title 8, Aliens and Nationality] is to provide the
    Federal Government the fullest possible basis, consistent with the
    Constitution, to prevent persons within the United States, or
    subject to the jurisdiction of the United States, from providing
    material support or resources to foreign organizations that engage
    in terrorist activities."
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