US (United States) Code. Title 18. Chapter 113B: Terrorism

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 47 páginas
publicidad

-CITE-

18 USC CHAPTER 113B - TERRORISM 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

.

-HEAD-

CHAPTER 113B - TERRORISM

-MISC1-

Sec.

2331. Definitions.

2332. Criminal penalties.

2332a. Use of weapons of mass destruction. (FOOTNOTE 1)

(FOOTNOTE 1) Section catchline amended by Pub. L. 105-277

without corresponding amendment of chapter analysis.

2332b. Acts of terrorism transcending national boundaries.

(2332c. Repealed.)

2332d. Financial transactions.

2332e. Requests for military assistance to enforce prohibition in

certain emergencies.

2332f. Bombings of places of public use, government facilities,

public transportation systems and infrastructure facilities.

2333. Civil remedies.

2334. Jurisdiction and venue.

2335. Limitation of actions.

2336. Other limitations.

2337. Suits against Government officials.

2338. Exclusive Federal jurisdiction.

2339. Harboring or concealing terrorists.

2339A. Providing material support to terrorists.

2339B. Providing material support or resources to designated

foreign terrorist organizations.

2339C. Prohibitions against the financing of terrorism.

-COD-

CODIFICATION

Pub. L. 101-519, Sec. 132, Nov. 5, 1990, 104 Stat. 2250, known as

the ''Antiterrorism Act of 1990'', amended this chapter by adding

sections 2331 and 2333 to 2338 and by amending former section 2331

and renumbering it as section 2332. Pub. L. 102-27, title IV, Sec.

402, Apr. 10, 1991, 105 Stat. 155, as amended by Pub. L. 102-136,

Sec. 126, Oct. 25, 1991, 105 Stat. 643, repealed section 132 of

Pub. L. 101-519, effective Nov. 5, 1990, and provided that

effective Nov. 5, 1990, this chapter is amended to read as if

section 132 of Pub. L. 101-519 had not been enacted.

-MISC3-

PRIOR PROVISIONS

Another chapter 113B, consisting of sections 2340 to 2340B, was

renumbered chapter 113C.

AMENDMENTS

2002 - Pub. L. 107-197, title I, Sec. 102(b), title II, Sec.

202(b), June 25, 2002, 116 Stat. 724, 727, added items 2332f and

2339C.

2001 - Pub. L. 107-56, title VIII, Sec. 803(b), Oct. 26, 2001,

115 Stat. 377, added item 2339.

1998 - Pub. L. 105-277, div. I, title II, Sec. 201(c)(2), Oct.

21, 1998, 112 Stat. 2681-871, struck out item 2332c ''Use of

chemical weapons''.

1996 - Pub. L. 104-294, title VI, Sec. 605(q), Oct. 11, 1996, 110

Stat. 3510, redesignated item 2332d, relating to requests for

military assistance to enforce prohibition in certain emergencies,

as item 2332e, and moved the item to follow item 2332d, relating to

financial transactions.

Pub. L. 104-294, title VI, Sec. 604(b)(5), Oct. 11, 1996, 110

Stat. 3506, amended directory language of Pub. L. 103-322, title

XII, Sec. 120005(b), Sept. 13, 1994, 108 Stat. 2023. See 1994

Amendment note below.

Pub. L. 104-201, div. A, title XIV, Sec. 1416(c)(2)(B), Sept.

23, 1996, 110 Stat. 2723, which directed amendment of table of

sections at beginning of the chapter 133B of this title, that

relates to terrorism, by adding item 2332d relating to requests for

military assistance to enforce prohibition in certain emergencies,

after item 2332c, was executed by making the addition after item

2332c in the table of sections at the beginning of this chapter to

reflect the probable intent of Congress. This title does not

contain a chapter 133B.

Pub. L. 104-132, title III, Sec. 303(b), 321(b), title V, Sec.

521(c), title VII, Sec. 702(b), Apr. 24, 1996, 110 Stat. 1253,

1254, 1287, 1294, added items 2332b to 2332d and 2339B.

1994 - Pub. L. 103-322, title XII, Sec. 120005(b), Sept. 13,

1994, 108 Stat. 2023, as amended by Pub. L. 104-294, title VI, Sec.

604(b)(5), Oct. 11, 1996, 110 Stat. 3506, added item 2339A.

Pub. L. 103-322, title VI, Sec. 60023(b), title XXV, Sec.

250002(a)(1), (b)(2), Sept. 13, 1994, 108 Stat. 1981, 2082, 2085,

renumbered chapter 113A as 113B, amended chapter heading generally,

substituting ''113B'' for ''113A'', and added item 2332a.

1992 - Pub. L. 102-572, title X, Sec. 1003(a)(5), Oct. 29, 1992,

106 Stat. 4524, substituted ''TERRORISM'' for ''EXTRATERRITORIAL

JURISDICTION OVER TERRORIST ACTS ABROAD AGAINST UNITED STATES

NATIONALS'' in chapter heading and amended chapter analysis

generally, substituting ''Definitions'' for ''Terrorist acts abroad

against United States nationals'' in item 2331 and adding items

2332 to 2338.

1988 - Pub. L. 100-690, title VII, Sec. 7062, Nov. 18, 1988, 102

Stat. 4404, added item 2331.

-CITE-

18 USC Sec. 2331 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

Sec. 2331. Definitions

-STATUTE-

As used in this chapter -

(1) the term ''international terrorism'' means activities that

-

(A) involve violent acts or acts dangerous to human life that

are a violation of the criminal laws of the United States or of

any State, or that would be a criminal violation if committed

within the jurisdiction of the United States or of any State;

(B) appear to be intended -

(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by

intimidation or coercion; or

(iii) to affect the conduct of a government by mass

destruction, assassination, or kidnapping; and

(C) occur primarily outside the territorial jurisdiction of

the United States, or transcend national boundaries in terms of

the means by which they are accomplished, the persons they

appear intended to intimidate or coerce, or the locale in which

their perpetrators operate or seek asylum;

(2) the term ''national of the United States'' has the meaning

given such term in section 101(a)(22) of the Immigration and

Nationality Act;

(3) the term ''person'' means any individual or entity capable

of holding a legal or beneficial interest in property;

(4) the term ''act of war'' means any act occurring in the

course of -

(A) declared war;

(B) armed conflict, whether or not war has been declared,

between two or more nations; or

(C) armed conflict between military forces of any origin; and

(5) the term ''domestic terrorism'' means activities that -

(A) involve acts dangerous to human life that are a violation

of the criminal laws of the United States or of any State;

(B) appear to be intended -

(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by

intimidation or coercion; or

(iii) to affect the conduct of a government by mass

destruction, assassination, or kidnapping; and

(C) occur primarily within the territorial jurisdiction of

the United States.

-SOURCE-

(Added Pub. L. 102-572, title X, Sec. 1003(a)(3), Oct. 29, 1992,

106 Stat. 4521; amended Pub. L. 107-56, title VIII, Sec. 802(a),

Oct. 26, 2001, 115 Stat. 376.)

-REFTEXT-

REFERENCES IN TEXT

Section 101(a)(22) of the Immigration and Nationality Act,

referred to in par. (2), is classified to section 1101(a)(22) of

Title 8, Aliens and Nationality.

-MISC2-

PRIOR PROVISIONS

A prior section 2331 was renumbered 2332 of this title.

AMENDMENTS

2001 - Par. (1)(B)(iii). Pub. L. 107-56, Sec. 802(a)(1),

substituted ''by mass destruction, assassination, or kidnapping''

for ''by assassination or kidnapping''.

Par. (5). Pub. L. 107-56, Sec. 802(a)(2)-(4), added par. (5).

EFFECTIVE DATE

Section 1003(c) of Pub. L. 102-572 provided that: ''This section

(enacting this section and sections 2333 to 2338 of this title,

amending former section 2331 of this title, and renumbering former

section 2331 of this title as 2332) and the amendments made by this

section shall apply to any pending case or any cause of action

arising on or after 4 years before the date of enactment of this

Act (Oct. 29, 1992).''

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-197, title I, Sec. 101, June 25, 2002, 116 Stat. 721,

provided that: ''This title (enacting section 2332f of this title

and provisions set out as notes under section 2332f of this title)

may be cited as the 'Terrorist Bombings Convention Implementation

Act of 2002'.''

Pub. L. 107-197, title II, Sec. 201, June 25, 2002, 116 Stat.

724, provided that: ''This title (enacting section 2339C of this

title and provisions set out as notes under section 2339C of this

title) may be cited as the 'Suppression of the Financing of

Terrorism Convention Implementation Act of 2002'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 981, 1028, 1425, 1426,

1427, 1541, 1542, 1543, 1544, 1546, 1547, 3077 of this title; title

7 section 8401; title 20 sections 1232g, 6736, 9007, 9573; title 26

section 6103; title 28 section 530C; title 42 sections 262a,

10603c, 14503.

-CITE-

18 USC Sec. 2332 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

Sec. 2332. Criminal penalties

-STATUTE-

(a) Homicide. - Whoever kills a national of the United States,

while such national is outside the United States, shall -

(1) if the killing is murder (as defined in section 1111(a)),

be fined under this title, punished by death or imprisonment for

any term of years or for life, or both;

(2) if the killing is a voluntary manslaughter as defined in

section 1112(a) of this title, be fined under this title or

imprisoned not more than ten years, or both; and

(3) if the killing is an involuntary manslaughter as defined in

section 1112(a) of this title, be fined under this title or

imprisoned not more than three years, or both.

(b) Attempt or Conspiracy With Respect to Homicide. - Whoever

outside the United States attempts to kill, or engages in a

conspiracy to kill, a national of the United States shall -

(1) in the case of an attempt to commit a killing that is a

murder as defined in this chapter, be fined under this title or

imprisoned not more than 20 years, or both; and

(2) in the case of a conspiracy by two or more persons to

commit a killing that is a murder as defined in section 1111(a)

of this title, if one or more of such persons do any overt act to

effect the object of the conspiracy, be fined under this title or

imprisoned for any term of years or for life, or both so fined

and so imprisoned.

(c) Other Conduct. - Whoever outside the United States engages in

physical violence -

(1) with intent to cause serious bodily injury to a national of

the United States; or

(2) with the result that serious bodily injury is caused to a

national of the United States;

shall be fined under this title or imprisoned not more than ten

years, or both.

(d) Limitation on Prosecution. - No prosecution for any offense

described in this section shall be undertaken by the United States

except on written certification of the Attorney General or the

highest ranking subordinate of the Attorney General with

responsibility for criminal prosecutions that, in the judgment of

the certifying official, such offense was intended to coerce,

intimidate, or retaliate against a government or a civilian

population.

-SOURCE-

(Added Pub. L. 99-399, title XII, Sec. 1202(a), Aug. 27, 1986, 100

Stat. 896, Sec. 2331; amended Pub. L. 101-519, Sec. 132(b), Nov. 5,

1990, 104 Stat. 2250; Pub. L. 102-27, title IV, Sec. 402, Apr. 10,

1991, 105 Stat. 155; Pub. L. 102-136, Sec. 126, Oct. 25, 1991, 105

Stat. 643; renumbered Sec. 2332 and amended Pub. L. 102-572, title

X, Sec. 1003(a)(1), (2), Oct. 29, 1992, 106 Stat. 4521; Pub. L.

103-322, title VI, Sec. 60022, Sept. 13, 1994, 108 Stat. 1980; Pub.

L. 104-132, title VII, Sec. 705(a)(6), Apr. 24, 1996, 110 Stat.

1295.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-132 substituted ''ten years'' for

''five years'' in concluding provisions.

1994 - Subsec. (a)(1). Pub. L. 103-322 amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''if the

killing is a murder as defined in section 1111(a) of this title, be

fined under this title or imprisoned for any term of years or for

life, or both so fined and so imprisoned;''.

1992 - Pub. L. 102-572 renumbered section 2331 of this title as

this section, substituted ''Criminal penalties'' for ''Terrorist

acts abroad against United States national'' in section catchline,

redesignated subsec. (e) as (d), and struck out former subsec. (d)

which read as follows: ''Definition. - As used in this section the

term 'national of the United States' has the meaning given such

term in section 101(a)(22) of the Immigration and Nationality Act

(8 U.S.C. 1101(a)(22)).''

1991 - Pub. L. 102-27, Sec. 402, as amended by Pub. L. 102-136,

Sec. 126, repealed Pub. L. 101-519, Sec. 132, and amended this

section to read as if Pub. L. 101-519, Sec. 132, had not been

enacted, effective as of Nov. 5, 1990, the date of enactment of

Pub. L. 101-519. See Codification note preceding this section.

1990 - Pub. L. 101-519, Sec. 132, which amended this section, was

repealed by Pub. L. 102-27, Sec. 402, as amended. See 1991

Amendment note above.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 applicable to any pending case or

any cause of action arising on or after 4 years before Oct. 29,

1992, see section 1003(c) of Pub. L. 102-572, set out as an

Effective Date note under section 2331 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1956, 2332b, 2333, 2339A,

2516, 3592 of this title.

-CITE-

18 USC Sec. 2332a 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

Sec. 2332a. Use of certain weapons of mass destruction

-STATUTE-

(a) Offense Against a National of the United States or Within the

United States. - A person who, without lawful authority, uses,

threatens, or attempts or conspires to use, a weapon of mass

destruction (other than a chemical weapon as that term is defined

in section 229F) -

(1) against a national of the United States while such national

is outside of the United States;

(2) against any person within the United States, and the

results of such use affect interstate or foreign commerce or, in

the case of a threat, attempt, or conspiracy, would have affected

interstate or foreign commerce; or

(3) against any property that is owned, leased or used by the

United States or by any department or agency of the United

States, whether the property is within or outside of the United

States,

shall be imprisoned for any term of years or for life, and if death

results, shall be punished by death or imprisoned for any term of

years or for life.

(b) Offense by National of the United States Outside of the

United States. - Any national of the United States who, without

lawful authority, uses, or threatens, attempts, or conspires to

use, a weapon of mass destruction (other than a chemical weapon (as

that term is defined in section 229F)) outside of the United States

shall be imprisoned for any term of years or for life, and if death

results, shall be punished by death, or by imprisonment for any

term of years or for life.

(c) Definitions. - For purposes of this section -

(1) the term ''national of the United States'' has the meaning

given in section 101(a)(22) of the Immigration and Nationality

Act (8 U.S.C. 1101(a)(22)); and

(2) the term ''weapon of mass destruction'' means -

(A) any destructive device as defined in section 921 of this

title;

(B) any weapon that is designed or intended to cause death or

serious bodily injury through the release, dissemination, or

impact of toxic or poisonous chemicals, or their precursors;

(C) any weapon involving a biological agent, toxin, or vector

(as those terms are defined in section 178 of this title); or

(D) any weapon that is designed to release radiation or

radioactivity at a level dangerous to human life.

-SOURCE-

(Added Pub. L. 103-322, title VI, Sec. 60023(a), Sept. 13, 1994,

108 Stat. 1980; amended Pub. L. 104-132, title V, Sec. 511(c),

title VII, Sec. 725, Apr. 24, 1996, 110 Stat. 1284, 1300; Pub. L.

104-294, title VI, Sec. 605(m), Oct. 11, 1996, 110 Stat. 3510; Pub.

L. 105-277, div. I, title II, Sec. 201(b)(1), Oct. 21, 1998, 112

Stat. 2681-871; Pub. L. 107-188, title II, Sec. 231(d), June 12,

2002, 116 Stat. 661.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-188, Sec. 231(d)(1), substituted

''section 229F) - '' for ''section 229F), including any biological

agent, toxin, or vector (as those terms are defined in section 178)

- '' in introductory provisions.

Subsec. (c)(2)(C). Pub. L. 107-188, Sec. 231(d)(2), substituted

''a biological agent, toxin, or vector (as those terms are defined

in section 178 of this title)'' for ''a disease organism''.

1998 - Pub. L. 105-277, Sec. 201(b)(1)(A), inserted ''certain''

before ''weapons'' in section catchline.

Subsec. (a). Pub. L. 105-277, Sec. 201(b)(1)(B), inserted

''(other than a chemical weapon as that term is defined in section

229F)'' after ''weapon of mass destruction'' in introductory

provisions.

Subsec. (b). Pub. L. 105-277, Sec. 201(b)(1)(C), inserted

''(other than a chemical weapon (as that term is defined in section

229F))'' after ''weapon of mass destruction''.

1996 - Subsec. (a). Pub. L. 104-132, Sec. 511(c), 725(1)(A), (B),

in heading, inserted ''Against a National of the United States or

Within the United States'' after ''Offense'', and in introductory

provisions, substituted '', without lawful authority, uses,

threatens, or attempts'' for ''uses, or attempts'' and inserted '',

including any biological agent, toxin, or vector (as those terms

are defined in section 178)'' after ''mass destruction''.

Subsec. (a)(2). Pub. L. 104-132, Sec. 725(1)(C), inserted before

semicolon at end '', and the results of such use affect interstate

or foreign commerce or, in the case of a threat, attempt, or

conspiracy, would have affected interstate or foreign commerce''.

Subsec. (b). Pub. L. 104-132, Sec. 725(4), added subsec. (b).

Former subsec. (b) redesignated (c).

Subsec. (b)(2)(B). Pub. L. 104-132, Sec. 725(2), as amended by

Pub. L. 104-294, Sec. 605(m), added subpar. (B) and struck out

former subpar. (B) which read as follows: ''poison gas;''.

Subsec. (c). Pub. L. 104-132, Sec. 725(3), redesignated subsec.

(b) as (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 842, 1956, 2332b, 2332e,

2332f, 2339, 2339A, 2516, 3592 of this title; title 19 section

1583; title 22 section 2296c.

-CITE-

18 USC Sec. 2332b 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

Sec. 2332b. Acts of terrorism transcending national boundaries

-STATUTE-

(a) Prohibited Acts. -

(1) Offenses. - Whoever, involving conduct transcending

national boundaries and in a circumstance described in subsection

(b) -

(A) kills, kidnaps, maims, commits an assault resulting in

serious bodily injury, or assaults with a dangerous weapon any

person within the United States; or

(B) creates a substantial risk of serious bodily injury to

any other person by destroying or damaging any structure,

conveyance, or other real or personal property within the

United States or by attempting or conspiring to destroy or

damage any structure, conveyance, or other real or personal

property within the United States;

in violation of the laws of any State, or the United States,

shall be punished as prescribed in subsection (c).

(2) Treatment of threats, attempts and conspiracies. - Whoever

threatens to commit an offense under paragraph (1), or attempts

or conspires to do so, shall be punished under subsection (c).

(b) Jurisdictional Bases. -

(1) Circumstances. - The circumstances referred to in

subsection (a) are -

(A) the mail or any facility of interstate or foreign

commerce is used in furtherance of the offense;

(B) the offense obstructs, delays, or affects interstate or

foreign commerce, or would have so obstructed, delayed, or

affected interstate or foreign commerce if the offense had been

consummated;

(C) the victim, or intended victim, is the United States

Government, a member of the uniformed services, or any

official, officer, employee, or agent of the legislative,

executive, or judicial branches, or of any department or

agency, of the United States;

(D) the structure, conveyance, or other real or personal

property is, in whole or in part, owned, possessed, or leased

to the United States, or any department or agency of the United

States;

(E) the offense is committed in the territorial sea

(including the airspace above and the seabed and subsoil below,

and artificial islands and fixed structures erected thereon) of

the United States; or

(F) the offense is committed within the special maritime and

territorial jurisdiction of the United States.

(2) Co-conspirators and accessories after the fact. -

Jurisdiction shall exist over all principals and co-conspirators

of an offense under this section, and accessories after the fact

to any offense under this section, if at least one of the

circumstances described in subparagraphs (A) through (F) of

paragraph (1) is applicable to at least one offender.

(c) Penalties. -

(1) Penalties. - Whoever violates this section shall be

punished -

(A) for a killing, or if death results to any person from any

other conduct prohibited by this section, by death, or by

imprisonment for any term of years or for life;

(B) for kidnapping, by imprisonment for any term of years or

for life;

(C) for maiming, by imprisonment for not more than 35 years;

(D) for assault with a dangerous weapon or assault resulting

in serious bodily injury, by imprisonment for not more than 30

years;

(E) for destroying or damaging any structure, conveyance, or

other real or personal property, by imprisonment for not more

than 25 years;

(F) for attempting or conspiring to commit an offense, for

any term of years up to the maximum punishment that would have

applied had the offense been completed; and

(G) for threatening to commit an offense under this section,

by imprisonment for not more than 10 years.

(2) Consecutive sentence. - Notwithstanding any other provision

of law, the court shall not place on probation any person

convicted of a violation of this section; nor shall the term of

imprisonment imposed under this section run concurrently with any

other term of imprisonment.

(d) Proof Requirements. - The following shall apply to

prosecutions under this section:

(1) Knowledge. - The prosecution is not required to prove

knowledge by any defendant of a jurisdictional base alleged in

the indictment.

(2) State law. - In a prosecution under this section that is

based upon the adoption of State law, only the elements of the

offense under State law, and not any provisions pertaining to

criminal procedure or evidence, are adopted.

(e) Extraterritorial Jurisdiction. - There is extraterritorial

Federal jurisdiction -

(1) over any offense under subsection (a), including any

threat, attempt, or conspiracy to commit such offense; and

(2) over conduct which, under section 3, renders any person an

accessory after the fact to an offense under subsection (a).

(f) Investigative Authority. - In addition to any other

investigative authority with respect to violations of this title,

the Attorney General shall have primary investigative

responsibility for all Federal crimes of terrorism, and any

violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361,

1366(b), 1366(c), 1751(e), 2152, or 2156 of this title, and the

Secretary of the Treasury shall assist the Attorney General at the

request of the Attorney General. Nothing in this section shall be

construed to interfere with the authority of the United States

Secret Service under section 3056.

(g) Definitions. - As used in this section -

(1) the term ''conduct transcending national boundaries'' means

conduct occurring outside of the United States in addition to the

conduct occurring in the United States;

(2) the term ''facility of interstate or foreign commerce'' has

the meaning given that term in section 1958(b)(2);

(3) the term ''serious bodily injury'' has the meaning given

that term in section 1365(g)(3); (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(4) the term ''territorial sea of the United States'' means all

waters extending seaward to 12 nautical miles from the baselines

of the United States, determined in accordance with international

law; and

(5) the term ''Federal crime of terrorism'' means an offense

that -

(A) is calculated to influence or affect the conduct of

government by intimidation or coercion, or to retaliate against

government conduct; and

(B) is a violation of -

(i) section 32 (relating to destruction of aircraft or

aircraft facilities), 37 (relating to violence at

international airports), 81 (relating to arson within special

maritime and territorial jurisdiction), 175 or 175b (relating

to biological weapons), 229 (relating to chemical weapons),

subsection (a), (b), (c), or (d) of section 351 (relating to

congressional, cabinet, and Supreme Court assassination and

kidnaping), 831 (relating to nuclear materials), 842(m) or

(n) (relating to plastic explosives), 844(f)(2) or (3)

(relating to arson and bombing of Government property risking

or causing death), 844(i) (relating to arson and bombing of

property used in interstate commerce), 930(c) (relating to

killing or attempted killing during an attack on a Federal

facility with a dangerous weapon), 956(a)(1) (relating to

conspiracy to murder, kidnap, or maim persons abroad),

1030(a)(1) (relating to protection of computers),

1030(a)(5)(A)(i) resulting in damage as defined in

1030(a)(5)(B)(ii) through (v) (relating to protection of

computers), 1114 (relating to killing or attempted killing of

officers and employees of the United States), 1116 (relating

to murder or manslaughter of foreign officials, official

guests, or internationally protected persons), 1203 (relating

to hostage taking), 1362 (relating to destruction of

communication lines, stations, or systems), 1363 (relating to

injury to buildings or property within special maritime and

territorial jurisdiction of the United States), 1366(a)

(relating to destruction of an energy facility), 1751(a),

(b), (c), or (d) (relating to Presidential and Presidential

staff assassination and kidnaping), 1992 (relating to

wrecking trains), 1993 (relating to terrorist attacks and

other acts of violence against mass transportation systems),

2155 (relating to destruction of national defense materials,

premises, or utilities), 2280 (relating to violence against

maritime navigation), 2281 (relating to violence against

maritime fixed platforms), 2332 (relating to certain

homicides and other violence against United States nationals

occurring outside of the United States), 2332a (relating to

use of weapons of mass destruction), 2332b (relating to acts

of terrorism transcending national boundaries), 2332f

(relating to bombing of public places and facilities), 2339

(relating to harboring terrorists), 2339A (relating to

providing material support to terrorists), 2339B (relating to

providing material support to terrorist organizations), 2339C

(relating to financing of terrorism, (FOOTNOTE 2) or 2340A

(relating to torture) of this title;

(FOOTNOTE 2) Comma probably should be preceded by a closing

parenthesis.

(ii) section 236 (relating to sabotage of nuclear

facilities or fuel) of the Atomic Energy Act of 1954 (42

U.S.C. 2284); or

(iii) section 46502 (relating to aircraft piracy), the

second sentence of section 46504 (relating to assault on a

flight crew with a dangerous weapon), section 46505(b)(3) or

(c) (relating to explosive or incendiary devices, or

endangerment of human life by means of weapons, on aircraft),

section 46506 if homicide or attempted homicide is involved

(relating to application of certain criminal laws to acts on

aircraft), or section 60123(b) (relating to destruction of

interstate gas or hazardous liquid pipeline facility) of

title 49.

-SOURCE-

(Added Pub. L. 104-132, title VII, Sec. 702(a), Apr. 24, 1996, 110

Stat. 1291; amended Pub. L. 104-294, title VI, Sec. 601(s)(1), (3),

Oct. 11, 1996, 110 Stat. 3502; Pub. L. 107-56, title VIII, Sec.

808, Oct. 26, 2001, 115 Stat. 378; Pub. L. 107-197, title III, Sec.

301(b), June 25, 2002, 116 Stat. 728.)

-REFTEXT-

REFERENCES IN TEXT

Section 1365(g)(3), referred to in subsec. (g)(3), was

redesignated section 1365(h)(3) by Pub. L. 107-307, Sec. 2(1), Dec.

2, 2002, 116 Stat. 2445.

-MISC2-

AMENDMENTS

2002 - Subsec. (g)(5)(B)(i). Pub. L. 107-197 inserted ''2332f

(relating to bombing of public places and facilities),'' after

''2332b (relating to acts of terrorism transcending national

boundaries),'' and ''2339C (relating to financing of terrorism,''

after ''2339B (relating to providing material support to terrorist

organizations),''.

2001 - Subsec. (f). Pub. L. 107-56, Sec. 808(1), inserted ''and

any violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361,

1366(b), 1366(c), 1751(e), 2152, or 2156 of this title,'' before

''and the Secretary''.

Subsec. (g)(5)(B)(i) to (iii). Pub. L. 107-56, Sec. 808(2), added

cls. (i) to (iii) and struck out former cls. (i) to (iii),

inserting references to sections 175b, 229, 1030, 1993, and 2339 of

this title and striking out references to 1361, 2152, 2156, 2332c

of this title in cl. (i) and inserting references to sections

46504, 46505, and 46506 of title 49 in cl. (iii).

1996 - Subsec. (b)(1)(A). Pub. L. 104-294, Sec. 601(s)(1), struck

out ''any of the offenders uses'' before ''the mail or any

facility'' and inserted ''is used'' after ''foreign commerce''.

Subsec. (g)(5)(B)(i). Pub. L. 104-294, Sec. 601(s)(3), inserted

''930(c),'' before ''956 (relating to conspiracy to injure property

of a foreign government)'', ''1992,'' before ''2152 (relating to

injury of fortifications, harbor defenses, or defensive sea

areas)'', and ''2332c,'' before ''2339A (relating to providing

material support to terrorists)''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1956, 1961, 2339, 2339A,

2516, 3142, 3286, 3583 of this title; title 7 section 8401; title

20 sections 1232g, 9007, 9573; title 42 sections 262a, 14135a.

-CITE-

18 USC Sec. 2332c 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

(Sec. 2332c. Repealed. Pub. L. 105-277, div. I, title II, Sec.

201(c)(1), Oct. 21, 1998, 112 Stat. 2681-871)

-MISC1-

Section, added Pub. L. 104-132, title V, Sec. 521(a), Apr. 24,

1996, 110 Stat. 1286, related to use of chemical weapons.

-CITE-

18 USC Sec. 2332d 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

Sec. 2332d. Financial transactions

-STATUTE-

(a) Offense. - Except as provided in regulations issued by the

Secretary of the Treasury, in consultation with the Secretary of

State, whoever, being a United States person, knowing or having

reasonable cause to know that a country is designated under section

6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405)

as a country supporting international terrorism, engages in a

financial transaction with the government of that country, shall be

fined under this title, imprisoned for not more than 10 years, or

both.

(b) Definitions. - As used in this section -

(1) the term ''financial transaction'' has the same meaning as

in section 1956(c)(4); and

(2) the term ''United States person'' means any -

(A) United States citizen or national;

(B) permanent resident alien;

(C) juridical person organized under the laws of the United

States; or

(D) any person in the United States.

-SOURCE-

(Added Pub. L. 104-132, title III, Sec. 321(a), Apr. 24, 1996, 110

Stat. 1254; amended Pub. L. 107-273, div. B, title IV, Sec.

4002(a)(5), Nov. 2, 2002, 116 Stat. 1806.)

-COD-

CODIFICATION

Another section 2332d was renumbered section 2332e of this title.

-MISC3-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273 inserted ''of 1979'' after

''Export Administration Act''.

EFFECTIVE DATE

Section 321(c) of Pub. L. 104-132 provided that: ''The amendments

made by this section (enacting this section) shall become effective

120 days after the date of enactment of this Act (Apr. 24, 1996).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2516 of this title.

-CITE-

18 USC Sec. 2332e 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

Sec. 2332e. Requests for military assistance to enforce prohibition

in certain emergencies

-STATUTE-

The Attorney General may request the Secretary of Defense to

provide assistance under section 382 of title 10 in support of

Department of Justice activities relating to the enforcement of

section 2332a of this title during an emergency situation involving

a weapon of mass destruction. The authority to make such a request

may be exercised by another official of the Department of Justice

in accordance with section 382(f)(2) of title 10.

-SOURCE-

(Added Pub. L. 104-201, title XIV, Sec. 1416(c)(2)(A), Sept. 23,

1996, 110 Stat. 2723, Sec. 2332d; renumbered Sec. 2332e, Pub. L.

104-294, title VI, Sec. 605(q), Oct. 11, 1996, 110 Stat. 3510;

amended Pub. L. 107-56, title I, Sec. 104, Oct. 26, 2001, 115 Stat.

277.)

-COD-

CODIFICATION

Pub. L. 104-201, Sec. 1416(c)(2)(A), which directed amendment of

the chapter 133B of this title that relates to terrorism by adding

this section, was executed by adding this section to this chapter

to reflect the probable intent of Congress. This title does not

contain a chapter 133B.

-MISC3-

AMENDMENTS

2001 - Pub. L. 107-56 substituted ''2332a of this title'' for

''2332c of this title'' and struck out ''chemical'' before ''weapon

of''.

1996 - Pub. L. 104-294 renumbered section 2332d of this title,

relating to requests for military assistance to enforce prohibition

in certain emergencies, as this section.

-CITE-

18 USC Sec. 2332f 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

Sec. 2332f. Bombings of places of public use, government

facilities, public transportation systems and infrastructure

facilities

-STATUTE-

(a) Offenses. -

(1) In general. - Whoever unlawfully delivers, places,

discharges, or detonates an explosive or other lethal device in,

into, or against a place of public use, a state or government

facility, a public transportation system, or an infrastructure

facility -

(A) with the intent to cause death or serious bodily injury,

or

(B) with the intent to cause extensive destruction of such a

place, facility, or system, where such destruction results in

or is likely to result in major economic loss,

shall be punished as prescribed in subsection (c).

(2) Attempts and conspiracies. - Whoever attempts or conspires

to commit an offense under paragraph (1) shall be punished as

prescribed in subsection (c).

(b) Jurisdiction. - There is jurisdiction over the offenses in

subsection (a) if -

(1) the offense takes place in the United States and -

(A) the offense is committed against another state or a

government facility of such state, including its embassy or

other diplomatic or consular premises of that state;

(B) the offense is committed in an attempt to compel another

state or the United States to do or abstain from doing any act;

(C) at the time the offense is committed, it is committed -

(i) on board a vessel flying the flag of another state;

(ii) on board an aircraft which is registered under the

laws of another state; or

(iii) on board an aircraft which is operated by the

government of another state;

(D) a perpetrator is found outside the United States;

(E) a perpetrator is a national of another state or a

stateless person; or

(F) a victim is a national of another state or a stateless

person;

(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 victim is a national of the United States;

(C) a perpetrator is found in the United States;

(D) the offense is committed in an attempt to compel the

United States to do or abstain from doing any act;

(E) the offense is committed against a state or government

facility of the United States, including an embassy or other

diplomatic or consular premises of the United States;

(F) 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; or

(G) the offense is committed on board an aircraft which is

operated by the United States.

(c) Penalties. - Whoever violates this section shall be punished

as provided under section 2332a(a) of this title.

(d) Exemptions to Jurisdiction. - This section does not apply to

-

(1) the activities of armed forces during an armed conflict, as

those terms are understood under the law of war, which are

governed by that law,

(2) activities undertaken by military forces of a state in the

exercise of their official duties; or

(3) offenses committed within the United States, where the

alleged offender and the victims are United States citizens and

the alleged offender is found in the United States, or where

jurisdiction is predicated solely on the nationality of the

victims or the alleged offender and the offense has no

substantial effect on interstate or foreign commerce.

(e) Definitions. - As used in this section, the term -

(1) ''serious bodily injury'' has the meaning given that term

in section 1365(g)(3) of this title; (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(2) ''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));

(3) ''state or government facility'' includes any permanent or

temporary facility or conveyance that is used or occupied by

representatives of a state, members of 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;

(4) ''intergovernmental organization'' includes international

organization (as defined in section 1116(b)(5) of this title);

(5) ''infrastructure facility'' means any publicly or privately

owned facility providing or distributing services for the benefit

of the public, such as water, sewage, energy, fuel, or

communications;

(6) ''place of public use'' means those parts of any building,

land, street, waterway, or other location that are accessible or

open to members of the public, whether continuously,

periodically, or occasionally, and encompasses any commercial,

business, cultural, historical, educational, religious,

governmental, entertainment, recreational, or similar place that

is so accessible or open to the public;

(7) ''public transportation system'' means all facilities,

conveyances, and instrumentalities, whether publicly or privately

owned, that are used in or for publicly available services for

the transportation of persons or cargo;

(8) ''explosive'' has the meaning given in section 844(j) of

this title insofar that it is designed, or has the capability, to

cause death, serious bodily injury, or substantial material

damage;

(9) ''other lethal device'' means any weapon or device that is

designed or has the capability to cause death, serious bodily

injury, or substantial damage to property through the release,

dissemination, or impact of toxic chemicals, biological agents,

or toxins (as those terms are defined in section 178 of this

title) or radiation or radioactive material;

(10) ''military forces of a state'' means the armed forces of a

state which are organized, trained, and equipped under its

internal law for the primary purpose of national defense or

security, and persons acting in support of those armed forces who

are under their formal command, control, and responsibility;

(11) ''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; and

(12) ''state'' has the same meaning as that term has under

international law, and includes all political subdivisions

thereof.

-SOURCE-

(Added Pub. L. 107-197, title I, Sec. 102(a), June 25, 2002, 116

Stat. 721.)

-REFTEXT-

REFERENCES IN TEXT

Section 1365(g)(3), referred to in subsec. (e)(1), was

redesignated section 1365(h)(3) by Pub. L. 107-307, Sec. 2(1), Dec.

2, 2002, 116 Stat. 2445.

-MISC2-

EFFECTIVE DATE

Pub. L. 107-197, title I, Sec. 103, June 25, 2002, 116 Stat. 724,

provided that: ''Section 102 (enacting this section and provisions

set out as a note below) shall take effect on the date that the

International Convention for the Suppression of Terrorist Bombings

enters into force for the United States (July 26, 2002).''

DISCLAIMER

Pub. L. 107-197, title I, Sec. 102(c), June 25, 2002, 116 Stat.

724, provided that: ''Nothing contained in this section (enacting

this section and provisions set out as a note above) is intended to

affect the applicability of any other Federal or State law which

might pertain to the underlying conduct.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2332b, 2339A, 2516 of

this title.

-CITE-

18 USC Sec. 2333 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

Sec. 2333. Civil remedies

-STATUTE-

(a) Action and Jurisdiction. - Any national of the United States

injured in his or her person, property, or business by reason of an

act of international terrorism, or his or her estate, survivors, or

heirs, may sue therefor in any appropriate district court of the

United States and shall recover threefold the damages he or she

sustains and the cost of the suit, including attorney's fees.

(b) Estoppel Under United States Law. - A final judgment or

decree rendered in favor of the United States in any criminal

proceeding under section 1116, 1201, 1203, or 2332 of this title or

section 46314, 46502, 46505, or 46506 of title 49 shall estop the

defendant from denying the essential allegations of the criminal

offense in any subsequent civil proceeding under this section.

(c) Estoppel Under Foreign Law. - A final judgment or decree

rendered in favor of any foreign state in any criminal proceeding

shall, to the extent that such judgment or decree may be accorded

full faith and credit under the law of the United States, estop the

defendant from denying the essential allegations of the criminal

offense in any subsequent civil proceeding under this section.

-SOURCE-

(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992,

106 Stat. 4522; amended Pub. L. 103-429, Sec. 2(1), Oct. 31, 1994,

108 Stat. 4377.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-429 substituted ''section 46314,

46502, 46505, or 46506 of title 49'' for ''section 902(i), (k),

(l), (n), or (r) of the Federal Aviation Act of 1958 (49 U.S.C.

App. 1472(i), (k), (l), (n), or (r))''.

EFFECTIVE DATE

Section applicable to any pending case or any cause of action

arising on or after 4 years before Oct. 29, 1992, see section

1003(c) of Pub. L. 102-572, set out as a note under section 2331 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2334, 2335, 2336, 2337 of

this title.

-CITE-

18 USC Sec. 2334 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

Sec. 2334. Jurisdiction and venue

-STATUTE-

(a) General Venue. - Any civil action under section 2333 of this

title against any person may be instituted in the district court of

the United States for any district where any plaintiff resides or

where any defendant resides or is served, or has an agent. Process

in such a civil action may be served in any district where the

defendant resides, is found, or has an agent.

(b) Special Maritime or Territorial Jurisdiction. - If the

actions giving rise to the claim occurred within the special

maritime and territorial jurisdiction of the United States, as

defined in section 7 of this title, then any civil action under

section 2333 of this title against any person may be instituted in

the district court of the United States for any district in which

any plaintiff resides or the defendant resides, is served, or has

an agent.

(c) Service on Witnesses. - A witness in a civil action brought

under section 2333 of this title may be served in any other

district where the defendant resides, is found, or has an agent.

(d) Convenience of the Forum. - The district court shall not

dismiss any action brought under section 2333 of this title on the

grounds of the inconvenience or inappropriateness of the forum

chosen, unless -

(1) the action may be maintained in a foreign court that has

jurisdiction over the subject matter and over all the defendants;

(2) that foreign court is significantly more convenient and

appropriate; and

(3) that foreign court offers a remedy which is substantially

the same as the one available in the courts of the United States.

-SOURCE-

(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992,

106 Stat. 4522.)

-MISC1-

EFFECTIVE DATE

Section applicable to any pending case or any cause of action

arising on or after 4 years before Oct. 29, 1992, see section

1003(c) of Pub. L. 102-572, set out as a note under section 2331 of

this title.

-CITE-

18 USC Sec. 2335 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

Sec. 2335. Limitation of actions

-STATUTE-

(a) In General. - Subject to subsection (b), a suit for recovery

of damages under section 2333 of this title shall not be maintained

unless commenced within 4 years after the date the cause of action

accrued.

(b) Calculation of Period. - The time of the absence of the

defendant from the United States or from any jurisdiction in which

the same or a similar action arising from the same facts may be

maintained by the plaintiff, or of any concealment of the

defendant's whereabouts, shall not be included in the 4-year period

set forth in subsection (a).

-SOURCE-

(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992,

106 Stat. 4523.)

-MISC1-

EFFECTIVE DATE

Section applicable to any pending case or any cause of action

arising on or after 4 years before Oct. 29, 1992, see section

1003(c) of Pub. L. 102-572, set out as a note under section 2331 of

this title.

-CITE-

18 USC Sec. 2336 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

Sec. 2336. Other limitations

-STATUTE-

(a) Acts of War. - No action shall be maintained under section

2333 of this title for injury or loss by reason of an act of war.

(b) Limitation on Discovery. - If a party to an action under

section 2333 seeks to discover the investigative files of the

Department of Justice, the Assistant Attorney General, Deputy

Attorney General, or Attorney General may object on the ground that

compliance will interfere with a criminal investigation or

prosecution of the incident, or a national security operation

related to the incident, which is the subject of the civil

litigation. The court shall evaluate any such objections in camera

and shall stay the discovery if the court finds that granting the

discovery request will substantially interfere with a criminal

investigation or prosecution of the incident or a national security

operation related to the incident. The court shall consider the

likelihood of criminal prosecution by the Government and other

factors it deems to be appropriate. A stay of discovery under this

subsection shall constitute a bar to the granting of a motion to

dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil

Procedure. If the court grants a stay of discovery under this

subsection, it may stay the action in the interests of justice.

(c) Stay of Action for Civil Remedies. - (1) The Attorney General

may intervene in any civil action brought under section 2333 for

the purpose of seeking a stay of the civil action. A stay shall be

granted if the court finds that the continuation of the civil

action will substantially interfere with a criminal prosecution

which involves the same subject matter and in which an indictment

has been returned, or interfere with national security operations

related to the terrorist incident that is the subject of the civil

action. A stay may be granted for up to 6 months. The Attorney

General may petition the court for an extension of the stay for

additional 6-month periods until the criminal prosecution is

completed or dismissed.

(2) In a proceeding under this subsection, the Attorney General

may request that any order issued by the court for release to the

parties and the public omit any reference to the basis on which the

stay was sought.

-SOURCE-

(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992,

106 Stat. 4523.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec. (b),

are set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-MISC2-

EFFECTIVE DATE

Section applicable to any pending case or any cause of action

arising on or after 4 years before Oct. 29, 1992, see section

1003(c) of Pub. L. 102-572, set out as a note under section 2331 of

this title.

-CITE-

18 USC Sec. 2337 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

Sec. 2337. Suits against Government officials

-STATUTE-

No action shall be maintained under section 2333 of this title

against -

(1) the United States, an agency of the United States, or an

officer or employee of the United States or any agency thereof

acting within his or her official capacity or under color of

legal authority; or

(2) a foreign state, an agency of a foreign state, or an

officer or employee of a foreign state or an agency thereof

acting within his or her official capacity or under color of

legal authority.

-SOURCE-

(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992,

106 Stat. 4523.)

-MISC1-

EFFECTIVE DATE

Section applicable to any pending case or any cause of action

arising on or after 4 years before Oct. 29, 1992, see section

1003(c) of Pub. L. 102-572, set out as a note under section 2331 of

this title.

-CITE-

18 USC Sec. 2338 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

Sec. 2338. Exclusive Federal jurisdiction

-STATUTE-

The district courts of the United States shall have exclusive

jurisdiction over an action brought under this chapter.

-SOURCE-

(Added Pub. L. 102-572, title X, Sec. 1003(a)(4), Oct. 29, 1992,

106 Stat. 4524.)

-MISC1-

EFFECTIVE DATE

Section applicable to any pending case or any cause of action

arising on or after 4 years before Oct. 29, 1992, see section

1003(c) of Pub. L. 102-572, set out as a note under section 2331 of

this title.

-CITE-

18 USC Sec. 2339 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

Sec. 2339. Harboring or concealing terrorists

-STATUTE-

(a) Whoever harbors or conceals any person who he knows, or has

reasonable grounds to believe, has committed, or is about to

commit, an offense under section 32 (relating to destruction of

aircraft or aircraft facilities), section 175 (relating to

biological weapons), section 229 (relating to chemical weapons),

section 831 (relating to nuclear materials), paragraph (2) or (3)

of section 844(f) (relating to arson and bombing of government

property risking or causing injury or death), section 1366(a)

(relating to the destruction of an energy facility), section 2280

(relating to violence against maritime navigation), section 2332a

(relating to weapons of mass destruction), or section 2332b

(relating to acts of terrorism transcending national boundaries) of

this title, section 236(a) (relating to sabotage of nuclear

facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C.

2284(a)), or section 46502 (relating to aircraft piracy) of title

49, shall be fined under this title or imprisoned not more than ten

years, or both.

(b) A violation of this section may be prosecuted in any Federal

judicial district in which the underlying offense was committed, or

in any other Federal judicial district as provided by law.

-SOURCE-

(Added Pub. L. 107-56, title VIII, Sec. 803(a), Oct. 26, 2001, 115

Stat. 376; amended Pub. L. 107-273, div. B, title IV, Sec.

4005(d)(2), Nov. 2, 2002, 116 Stat. 1813.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-273 made technical correction to directory

language of Pub. L. 107-56, Sec. 803(a), which enacted this

section.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 4005(d)(2), Nov. 2,

2002, 116 Stat. 1813, provided that the amendment made by section

4005(d)(2) is effective Oct. 26, 2001.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2332b of this title.

-CITE-

18 USC Sec. 2339A 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113B - TERRORISM

-HEAD-

Sec. 2339A. Providing material support to terrorists

-STATUTE-

(a) Offense. - Whoever provides material support or resources or

conceals or disguises the nature, location, source, or ownership of

material support or resources, knowing or intending that they are

to be used in preparation for, or in carrying out, a violation of

section 32, 37, 81, 175, 229, 351, 831, 842(m) or (n), 844(f) or

(i), 930(c), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751,

1992, 1993, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, 2332f, or

2340A of this title, section 236 of the Atomic Energy Act of 1954

(42 U.S.C. 2284), or section 46502 or 60123(b) of title 49, or in

preparation for, or in carrying out, the concealment of an escape

from the commission of any such violation, or attempts or conspires

to do such an act, shall be fined under this title, 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. A

violation of this section may be prosecuted in any Federal judicial

district in which the underlying offense was committed, or in any

other Federal judicial district as provided by law.

(b) Definition. - In this section, the term ''material support or

resources'' means currency or monetary instruments or financial

securities, financial services, lodging, training, expert advice or

assistance, safehouses, false documentation or identification,

communications equipment, facilities, weapons, lethal substances,

explosives, personnel, transportation, and other physical assets,

except medicine or religious materials.

-SOURCE-

(Added Pub. L. 103-322, title XII, Sec. 120005(a), Sept. 13, 1994,

108 Stat. 2022; amended Pub. L. 104-132, title III, Sec. 323, Apr.

24, 1996, 110 Stat. 1255; Pub. L. 104-294, title VI, Sec.

601(b)(2), (s)(2), (3), 604(b)(5), Oct. 11, 1996, 110 Stat. 3498,

3502, 3506; Pub. L. 107-56, title VIII, Sec. 805(a), 810(c),

811(f), Oct. 26, 2001, 115 Stat. 377, 380, 381; Pub. L. 107-197,

title III, Sec. 301(c), June 25, 2002, 116 Stat. 728; Pub. L.

107-273, div. B, title IV, Sec. 4002(a)(7), (c)(1), (e)(11), Nov.

2, 2002, 116 Stat. 1807, 1808, 1811.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273, Sec. 4002(a)(7), (e)(11),

struck out ''2332c,'' after ''2332b,'' and substituted ''of an

escape'' for ''or an escape''.

Pub. L. 107-197 inserted ''2332f,'' before ''or 2340A''.

Subsec. (b). Pub. L. 107-273, Sec. 4002(c)(1), repealed amendment

by Pub. L. 104-294, Sec. 601(b)(2). See 1996 Amendment note below.

2001 - Subsec. (a). Pub. L. 107-56, Sec. 811(f), inserted ''or

attempts or conspires to do such an act,'' before ''shall be

fined''.

Pub. L. 107-56, Sec. 810(c)(1), substituted ''15 years'' for ''10

years''.

Pub. L. 107-56, Sec. 810(c)(2), which directed substitution of

'', and, if the death of any person results, shall be imprisoned

for any term of years or for life.'' for period, was executed by

making the substitution for the period at end of the first sentence

to reflect the probable intent of Congress and the intervening

amendment by section 805(a)(1)(F) of Pub. L. 107-56. See below.

Pub. L. 107-56, Sec. 805(a)(1)(F), inserted at end ''A violation

of this section may be prosecuted in any Federal judicial district

in which the underlying offense was committed, or in any other

Federal judicial district as provided by law.''

Pub. L. 107-56, Sec. 805(a)(1)(A)-(E), struck out '', within the

United States,'' after ''Whoever'', and inserted ''229,'' after

''175,'', ''1993,'' after ''1992,'', '', section 236 of the Atomic

Energy Act of 1954 (42 U.S.C. 2284),'' after ''2340A of this

title'', and ''or 60123(b)'' after ''section 46502''.

Subsec. (b). Pub. L. 107-56, Sec. 805(a)(2), substituted ''or

monetary instruments or financial securities'' for ''or other

financial securities'' and inserted ''expert advice or

assistance,'' after ''training,''.

1996 - Pub. L. 104-294, Sec. 604(b)(5), amended directory

language of Pub. L. 103-322, Sec. 120005(a), which enacted this

section.

Pub. L. 104-132 amended section generally, reenacting section

catchline without change and redesignating provisions which

detailed what constitutes offense, formerly contained in subsec.

(b), as subsec. (a), inserting references to sections 37, 81, 175,

831, 842, 956, 1362, 1366, 2155, 2156, 2332, 2332a, 2332b, and

2340A of this title, striking out references to sections 36, 2331,

and 2339 of this title, redesignating provisions which define

''material support or resource'', formerly contained in subsec.

(a), as subsec. (b), substituting provisions excepting medicine or

religious materials from definition for provisions excepting

humanitarian assistance to persons not directly involved in

violations, and struck out subsec. (c) which authorized

investigations into possible violations, except activities

involving First Amendment rights.

Subsec. (a). Pub. L. 104-294, Sec. 601(s)(2), (3), inserted

''930(c),'' before ''956,'', ''1992,'' before ''2155,'', ''2332c,''

before ''or 2340A of this title'', and ''or an escape'' after

''concealment''.

Subsec. (b). Pub. L. 104-294, Sec. 601(b)(2), which directed

substitution of ''2332'' for ''2331'', ''2332a'' for ''2339'',

''37'' for ''36'', and ''or an escape'' for ''of an escape'' and

which could not be executed after the general amendment by Pub. L.

104-132, was repealed by Pub. L. 107-273, Sec. 4002(c)(1). See

above.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2,

2002, 116 Stat. 1808, provided that the amendment made by section

4002(c)(1) is effective Oct. 11, 1996.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 604(b)(5) of Pub. L. 104-294 effective Sept.

13, 1994, see section 604(d) of Pub. L. 104-294, set out as a note

under section 13 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1956, 2332b, 2339B, 2516

of this title; title 22 sections 2778, 7211; title 28 section 1605.

-CITE-

18 USC Sec. 2339B 01/06/03

-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, 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.

-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.)

-REFTEXT-

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.

-MISC2-

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 (Sec.

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.''

-SECREF-

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.

-CITE-

18 USC Sec. 2339C 01/06/03

-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, resources,

or funds -

(A) knowing or intending that the support or resources were

provided in violation of section 2339B of this title; or

(B) knowing or intending that any such funds or any proceeds

of such 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; (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(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)); and

(13) 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.)

-REFTEXT-

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.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-273 substituted ''described in

subsection (b)'' for ''described in subsection (c)''.

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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 981, 2332b, 2516 of this

title.

-CITE-