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.