§ 2339C. Prohibitions against the financing of terrorism
(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).
(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—
(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;
(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;
(c)
Concealment.—
Whoever—
(2)
knowingly conceals or disguises the nature, location, source, ownership, or control of any material support or resources, or any funds or proceeds of such funds—
(A)
knowing or intending that the support or resources are to be provided, or knowing that the support or resources were provided, in violation of section
2339B of this title; or
(B)
knowing or intending that any such funds are to be provided or collected, or knowing that the funds were provided or collected, in violation of subsection (a),
shall be punished as prescribed in subsection (d)(2).
(d)
Penalties.—
(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);
(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;
(9)
the term “international organization” has the same meaning as in section
1116
(b)(5) of this title;
(10)
the term “armed conflict” does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature;
(11)
the term “serious bodily injury” has the same meaning as in section
1365
(g)(3) of this title; [1]
(12)
the term “national of the United States” has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101
(a)(22));
(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).
[1] See References in Text note below.