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

Date issued: Apr. 24 1996

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TURBOFAC Commentary (564 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,...