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CITE

    18 USC Sec. 2339C                                           01/05/2009

EXPCITE

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

HEAD

    Sec. 2339C. Prohibitions against the financing of terrorism

STATUTE

      (a) Offenses. -
        (1) In general. - Whoever, in a circumstance described in
      subsection (b), by any means, directly 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 subsection (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 population, or to compel a
        government or an international organization to do or to abstain
        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
      prescribed 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
      predicate 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 another 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 facility 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 international 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 conducted 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 department 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 organized under the
          laws of the United States, including any of its States,
          districts, commonwealths, territories, or possessions;
        (3) the offense is committed on board a vessel 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 aircraft which is
      operated by the United States; or
        (5) the offense was directed toward or resulted 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 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); and
        (2) knowingly conceals or disguises the nature, location,
      source, ownership, or control of any material support or
      resources, or any funds or proceeds of such funds -
          (A) knowing or intending that the support or resources are to
        be provided, or knowing that the support or resources were
        provided, in violation of section 2339B of this title; or
          (B) knowing or intending that any such funds are to be
        provided or collected, or knowing that the funds were provided
        or collected, in violation of subsection (a),
    shall be punished as prescribed in subsection (d)(2).
      (d) Penalties. -
        (1) Subsection (a). - Whoever violates subsection (a) shall be
      fined under this title, imprisoned for not more than 20 years, or
      both.
        (2) Subsection (c). - Whoever violates subsection (c) shall be
      fined under this title, imprisoned for not more than 10 years, or
      both.
      (e) Definitions. - In this section -
        (1) the term "funds" means assets of every kind, whether
      tangible or intangible, movable or immovable, however acquired,
      and legal documents or instruments in any form, including
      electronic or digital, evidencing title to, or interest in, such
      assets, including coin, currency, bank credits, travelers checks,
      bank checks, money orders, shares, securities, bonds, drafts, and
      letters of credit;
        (2) the term "government facility" means any permanent or
      temporary facility or conveyance that is used or occupied by
      representatives of a state, members of a government, the
      legislature, or the judiciary, or by officials or employees of a
      state or any other public authority or entity or by employees or
      officials of an intergovernmental organization in connection with
      their official duties;
        (3) the term "proceeds" means any funds derived from or
      obtained, directly or indirectly, through the commission of an
      offense set forth in subsection (a);
        (4) the term "provides" includes giving, donating, and
      transmitting;
        (5) the term "collects" includes raising and receiving;
        (6) the term "predicate act" means any act referred to in
      subparagraph (A) or (B) of subsection (a)(1);
        (7) the term "treaty" means -
          (A) the Convention for the Suppression of Unlawful Seizure of
        Aircraft, done at The Hague on December 16, 1970;
          (B) the Convention for the Suppression of Unlawful Acts
        against the Safety of Civil Aviation, done at Montreal on
        September 23, 1971;
          (C) the Convention on the Prevention and Punishment of Crimes
        against Internationally Protected Persons, including Diplomatic
        Agents, adopted by the General Assembly of the United Nations
        on December 14, 1973;
          (D) the International Convention against the Taking of
        Hostages, adopted by the General Assembly of the United Nations
        on December 17, 1979;
          (E) the Convention on the Physical Protection of Nuclear
        Material, adopted at Vienna on March 3, 1980;
          (F) the Protocol for the Suppression of Unlawful Acts of
        Violence at Airports Serving International Civil Aviation,
        supplementary to the Convention for the Suppression of Unlawful
        Acts against the Safety of Civil Aviation, done at Montreal on
        February 24, 1988;
          (G) the Convention for the Suppression of Unlawful Acts
        against the Safety of Maritime Navigation, done at Rome on
        March 10, 1988;
          (H) the Protocol for the Suppression of Unlawful Acts against
        the Safety of Fixed Platforms located on the Continental Shelf,
        done at Rome on March 10, 1988; or
          (I) the International Convention for the Suppression of
        Terrorist Bombings, adopted by the General Assembly of the
        United Nations on December 15, 1997;
        (8) the term "intergovernmental organization" includes
      international organizations;
        (9) the term "international organization" has the same meaning
      as in section 1116(b)(5) of this title;
        (10) the term "armed conflict" does not include internal
      disturbances and tensions, such as riots, isolated and sporadic
      acts of violence, and other acts of a similar nature;
        (11) the term "serious bodily injury" has the same meaning as
      in section 1365(g)(3) of this title; (!1)
        (12) the term "national of the United States" has the meaning
      given that term in section 101(a)(22) of the Immigration and
      Nationality Act (8 U.S.C. 1101(a)(22));
        (13) the term "material support or resources" has the same
      meaning given that term in section 2339B(g)(4) of this title; and
        (14) the term "state" has the same meaning as that term has
      under international law, and includes all political subdivisions
      thereof.
      (f) Civil Penalty. - In addition to any other criminal, civil, or
    administrative liability or penalty, any legal entity located
    within the United States or organized under the laws of the United
    States, including any of the laws of its States, districts,
    commonwealths, territories, or possessions, shall be liable to the
    United States for the sum of at least $10,000, if a person
    responsible for the management or control of that legal entity has,
    in that capacity, committed an offense set forth in subsection (a).

SOURCE

    (Added Pub. L. 107-197, title II, Sec. 202(a), June 25, 2002, 116
    Stat. 724; amended Pub. L. 107-273, div. B, title IV, Sec. 4006,
    Nov. 2, 2002, 116 Stat. 1813; Pub. L. 108-458, title VI, Sec. 6604,
    Dec. 17, 2004, 118 Stat. 3764; Pub. L. 109-177, title IV, Sec. 408,
    Mar. 9, 2006, 120 Stat. 245.)

REFERENCES IN TEXT

      Section 1365(g)(3), referred to in subsec. (e)(11), was
    redesignated section 1365(h)(3) by Pub. L. 107-307, Sec. 2(1), Dec.
    2, 2002, 116 Stat. 2445.

AMENDMENTS

      2006 - Pub. L. 109-177 amended directory language of Pub. L. 108-
    458, Sec. 6604. See 2004 Amendment notes below.
      2004 - Subsec. (c)(2). Pub. L. 108-458, Sec. 6604(a)(1), as
    amended by Pub. L. 109-177, Sec. 408(1), substituted "or resources,
    or any funds or proceeds of such funds" for ", resources, or funds"
    in introductory provisions.
      Subsec. (c)(2)(A). Pub. L. 108-458, Sec. 6604(a)(2), as amended
    by Pub. L. 109-177, Sec. 408(1), substituted "are to be provided,
    or knowing that the support or resources were provided," for "were
    provided".
      Subsec. (c)(2)(B). Pub. L. 108-458, Sec. 6604(a)(3), as amended
    by Pub. L. 109-177, Sec. 408(1), struck out "or any proceeds of
    such funds" after "any such funds" and substituted "are to be
    provided or collected, or knowing that the funds were provided or
    collected," for "were provided or collected".
      Subsec. (e)(13), (14). Pub. L. 108-458, Sec. 6604(b), as amended
    by Pub. L. 109-177, Sec. 408(2), added par. (13) and redesignated
    former par. (13) as (14).
      2002 - Subsec. (a)(1). Pub. L. 107-273 substituted "described in
    subsection (b)" for "described in subsection (c)".
                     EFFECTIVE DATE OF 2006 AMENDMENT
      Pub. L. 109-177, title IV, Sec. 408, Mar. 9, 2006, 120 Stat. 245,
    provided that the amendment by Pub. L. 109-177 to section 6604 of
    Pub. L. 108-458 (amending this section) is effective on the date of
    enactment of Pub. L. 108-458 (Dec. 17, 2004).
                              EFFECTIVE DATE
      Pub. L. 107-197, title II, Sec. 203, June 25, 2002, 116 Stat.
    727, provided that: "Except for paragraphs (1)(D) and (2)(B) of
    section 2339C(b) of title 18, United States Code, which shall
    become effective on the date that the International Convention for
    the Suppression of the Financing of Terrorism enters into force for
    the United States [July 26, 2002], and for the provisions of
    section 2339C(e)(7)(I) of title 18, United States Code, which shall
    become effective on the date that the International Convention for
    the Suppression of Terrorist Bombing enters into force for the
    United States [July 26, 2002], section 202 [enacting this section
    and provisions set out as a note below] shall take effect on the
    date of enactment of this Act [June 25, 2002]."
                                DISCLAIMER
      Pub. L. 107-197, title II, Sec. 202(c), June 25, 2002, 116 Stat.
    727, provided that: "Nothing contained in this section [enacting
    this section] is intended to affect the scope or applicability of
    any other Federal or State law."

FOOTNOTE

    (!1) See References in Text note below.
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