[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR597.701]



[Page 489]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 597_FOREIGN TERRORIST ORGANIZATIONS SANCTIONS REGULATIONS--Table 

of Contents

 

                           Subpart G_Penalties

 

Sec. 597.701  Penalties.





    (a) Attention is directed to 18 U.S.C. 2339B(a)(1), as added by 

Public Law 104-132, 110 Stat. 1250-1253, section 303, which provides 

that whoever, within the United States or subject to the jurisdiction of 

the United States, knowingly provides material support or resources to a 

foreign terrorist organization, or attempts or conspires to do so, shall 

be fined under title 18, United States Code, or imprisoned for not more 

than 10 years, or both.

    (b) Attention is directed to 18 U.S.C. 2339B(b), as added by Public 

Law 104-132, 110 Stat. 1250-1253, section 303, which, as adjusted 

pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 

(Pub. L. 101-410, as amended, 28 U.S.C. 2461 note), provides that, 

except as authorized by the Secretary of the Treasury, any financial 

institution that knowingly fails to retain possession of or maintain 

control over funds in which a foreign terrorist organization or its 

agent has an interest, or to report the existence of such funds in 

accordance with these regulations, shall be subject to a civil penalty 

in an amount that is the greater of $55,000 per violation, or twice the 

amount of which the financial institution was required to retain 

possession or control.



    Note to paragraph (b). The current $55,000 civil penalty cap may be 

adjusted for inflation pursuant to the Federal Civil Penalties Inflation 

Adjustment Act of 1990.



    (c) Attention is directed to 18 U.S.C. 1001, which provides that 

whoever, in any matter within the jurisdiction of the executive, 

legislative, or judicial branch of the Government of the United States, 

knowingly and willfully falsifies, conceals or covers up by any trick, 

scheme, or device a material fact, or makes any materially false, 

fictitious or fraudulent statement or representation, or makes or uses 

any false writing or document knowing the same to contain any materially 

false, fictitious or fraudulent statement or entry, shall be fined under 

title 18, United States Code, or imprisoned not more than 5 years, or 

both.

    (d) Conduct covered by this part may also be subject to relevant 

provisions of other applicable laws.



[62 FR 52495, Oct. 8, 1997, as amended at 68 FR 61361, Oct. 28, 2003]