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Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA); Sec. 302, 303, 321.

Date issued: Apr. 24 1996

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SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

(a) IN GENERAL.—Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding at the end the following:

"SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a)Designation
(1)In general The Secretary is authorized to designate an organization as a foreign terrorist organization in accordance with this subsection if the Secretary finds that—
(A)the organization is a foreign organization;
(B)the organization engages in terrorist activity (as defined in section 1182(a)(3)(B) of this title or terrorism (as defined in section 2656f(d)(2) of title 22), or retains the capability and intent to engage in terrorist activity or terrorism) [1]; and
(C)the terrorist activity or terrorism of the organization threatens the security of United States nationals or the national security of the United States....

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TURBOFAC Commentary (544 words)

Notes:

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) serves as the statutory basis for two sets of sanctions regulations, and a significant criminal statute that is not administered by OFAC, but supplements sanctions regulations.

Section 303 of the act (18 U.S.C § 2339B(b)) provides the basis the Foreign Terrorist Organizations Sanctions Regulations (FTOSR), which require United States financial institutions possessing or controlling any assets of any FTO to block all financial transactions involving those assets.

Section 303 (18 U.S.C § 2339B(a)) also provides for a criminal sanction for providing "material support" to an FTO. Given that all FTOs are SDGTs, it is not clear whether there are, in practice, discrete actions that would be considered to violate 18 U.S.C § 2339B(a), but not the GTSR,...