18 U.S.C. §§ 2339A & 2339B — Material Support to Terrorism

Summary

Section 2339B prohibits knowingly providing material support or resources to a designated FTO; §2339A covers providing material support knowing or intending it will be used in terrorism. The Supreme Court in Holder v. Humanitarian Law Project (2010) upheld 2339B as applied even to 'coordination' of otherwise lawful activities (e.g. legal advice, political advocacy) with FTOs.

Relevance to the diaspora

Holder v. HLP has a chilling effect on Tamil-American advocacy: providing training, expert advice or political advocacy services to LTTE-affiliated political organisations — even for non-violent purposes — may constitute a federal felony under §2339B.

Key provisions

• §2339B(a)(1) — offence of knowingly providing material support to FTO
• §2339A(b) — broad definition of 'material support' including training, expert advice, personnel, services
• §2339B(h) — scienter requirement (knowledge of organisation's FTO status or activities)
• Holder v. Humanitarian Law Project, 561 U.S. 1 (2010) — SCOTUS interpretation

Primary source

Related entries

• → 8 U.S.C. § 1189 — Foreign Terrorist Organisation Designation (US)
• → Antiterrorism and Effective Death Penalty Act 1996 (AEDPA) (US)