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Crimes and Criminal Procedure - 18 USC Section 2339B
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01/19/04
Sec. 2339B. Providing material support or resources to designated
foreign terrorist organizations
(a) Prohibited Activities. -
(1) Unlawful conduct. - Whoever, within the United States or
subject to the jurisdiction of the United States, 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.
(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. - 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 as in section 2339A;
(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.
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."
Last modified: April 12, 2006
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