§ 2712. — Authority to control certain terrorismrelated services.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2712]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38--DEPARTMENT OF STATE
Sec. 2712. Authority to control certain terrorism-related
services
(a) Authority
The Secretary of State may, by regulation, impose controls on the
provision of the services described in subsection (b) of this section if
the Secretary determines that provision of such services would aid and
abet international terrorism.
(b) Services subject to control
The services subject to control under subsection (a) of this section
are the following:
(1) Serving in or with the security forces of a designated
foreign government.
(2) Providing training or other technical services having a
direct military, law enforcement, or intelligence application, to or
for the security forces of a designated foreign government.
Any regulations issued to impose controls on services described in
paragraph (2) shall list the specific types of training and other
services subject to the controls.
(c) Persons subject of controls
These services may be controlled under subsection (a) of this
section when they are provided within the United States by any
individual or entity and when they are provided anywhere in the world by
a United States person.
(d) Licenses
In carrying out subsection (a) of this section, the Secretary of
State may require licenses, which may be revoked, suspended, or amended,
without prior notice, whenever such action is deemed to be advisable.
(e) Definitions
(1) Designated foreign government
As used in this section, the term ``designated foreign
government'' means a foreign government that the Secretary of State
has determined, for purposes of section 2405(j)(1) of title 50,
Appendix, has repeatedly provided support for acts of international
terrorism.
(2) Security forces
As used in this section, the term ``security forces'' means any
military or paramilitary forces, any police or other law enforcement
agency (including any police or other law enforcement agency at the
regional or local level), and any intelligence agency of a foreign
government.
(3) United States
As used in this section, the term ``United States'' includes any
State, the District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, and any territory
or possession of the United States.
(4) United States person
As used in this section, the term ``United States person'' means
any United States national, any permanent resident alien, and any
sole proprietorship, partnership, company, association, or
corporation organized under the laws of or having its principal
place of business within the United States.
(f) Violations
(1) Penalties
Whoever willfully violates any regulation issued under this
section shall be fined not more than $100,000 or five times the
total compensation received for the conduct which constitutes the
violation, whichever is greater, or imprisoned for not more than ten
years, or both, for each such offense.
(2) Investigations
The Attorney General and the Secretary of the Treasury shall
have authority to investigate violations of regulations issued under
this section.
(g) Congressional oversight
(1) Review of regulations
Not less than 30 days before issuing any regulations under this
section (including any amendments thereto), the Secretary of State
shall transmit the proposed regulations to the Congress.
(2) Reports
Not less than once every six months, the Secretary of State
shall report to the Congress concerning the number and character of
licenses granted and denied during the previous reporting period,
and such other information as the Secretary may find to be relevant
to the accomplishment of the objectives of this section.
(h) Relationship to other laws
The authority granted by this section is in addition to the
authorities granted by any other provision of law.
(Aug. 1, 1956, ch. 841, title I, Sec. 40, as added Pub. L. 99-399, title
V, Sec. 506(2), Aug. 27, 1986, 100 Stat. 871.)
Prior Provisions
A prior section 40 of act Aug. 1, 1956, was renumbered section 41 by
section 506(1) of Pub. L. 99-399, and subsequently renumbered, and set
out as a Short Title of 1956 Amendment note under section 2651 of this
title, prior to repeal by Pub. L. 102-138, title I, Sec. 111(1), Oct.
28, 1991, 105 Stat. 654.
