§ 2339B. — Providing material support or resources to designated foreign terrorist organizations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2339B]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 113B--TERRORISM
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.
(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.)
References in Text
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
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.''
Section Referred to in Other Sections
This section is referred to in sections 1956, 2332b, 2339C, 2516 of
this title; title 7 section 8401; title 8 section 1189; title 22 section
7211; title 42 section 262a.
