U.S. Code » Title 21 » Chapter CHAPTER 13— DRUG ABUSE PREVENTION AND CONTROL › Subchapter SUBCHAPTER II— IMPORT AND EXPORT

21 U.S.C. § 960a

Foreign terrorist organizations, terrorist persons and groups

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(a) Prohibited acts

Whoever engages in conduct that would be punishable under section 841(a) 11 See References in Text note below. of this title if committed within the jurisdiction of the United States, or attempts or conspires to do so, knowing or intending to provide, directly or indirectly, anything of pecuniary value to any person or organization that has engaged or engages in terrorist activity (as defined in section 1182(a)(3)(B) of title 8) or terrorism (as defined in section 2656f(d)(2) of title 22), shall be sentenced to a term of imprisonment of not less than twice the minimum punishment under section 841(b)(1),1 and not more than life, a fine in accordance with the provisions of title 18, or both. Notwithstanding section 3583 of title 18, any sentence imposed under this subsection shall include a term of supervised release of at least 5 years in addition to such term of imprisonment.

(b) JurisdictionThere is jurisdiction over an offense under this section if—(1) the prohibited drug activity or the terrorist offense is in violation of the criminal laws of the United States;(2) the offense, the prohibited drug activity, or the terrorist offense occurs in or affects interstate or foreign commerce;(3) an offender provides anything of pecuniary value for a terrorist offense that causes or is designed to cause death or serious bodily injury to a national of the United States while that national is outside the United States, or substantial damage to the property of a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions) while that property is outside of the United States;(4) the offense or the prohibited drug activity occurs in whole or in part outside of the United States (including on the high seas), and a perpetrator of the offense or the prohibited drug activity is a national of the United States or a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions); or(5) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States.(c) Proof requirements

To violate subsection (a), a person must have knowledge that the person or organization has engaged or engages in terrorist activity (as defined in section 1182(a)(3)(B) of title 8) or terrorism (as defined in section 2656f(d)(2) of title 22).

(d) Definition

As used in this section, the term “anything of pecuniary value” has the meaning given the term in section 1958(b)(1) of title 18.

(Pub. L. 91–513, title III, § 1010A, as added Pub. L. 109–177, title I, § 122, Mar. 9, 2006, 120 Stat. 225.)Editorial NotesReferences in Text

Section 841, referred to in the original in subsec. (a), probably should have been a reference to section 401 of Pub. L. 91–513, which is classified to section 841 of this title. Pub. L. 91–513 does not contain a section 841.

Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 2008–2023 · leading case: United States v. Khan Mohammed, 693 F.3d 192 (D.C. Cir. 2012).
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United States v. Khan Mohammed, 693 F.3d 192 (D.C. Cir. 2012). · cites it 4× “III Mohammed next argues that the evidence at trial cannot sustain his conviction under 21 U.S.C. § 960a. This statute criminalizes conduct abroad that would violate domestic drug laws if “committed within the jurisdiction of the United States” when the actor “know[s] or…”
United States v. Garavito-Garcia, 827 F.3d 242 (2d Cir. 2016). · cites it 3× “Rakoff, Judge) on counts of narcoterrorism conspiracy, in violation of 21 U.S.C. § 960a (Count One); cocaine-importation conspiracy, in violation of 21 U.”
United States v. Yousef, 750 F.3d 254 (2d Cir. 2014). “Following the district court’s decision, the government obtained a fourth superseding indictment against Yousef, charging him with one count of conspiracy to engage in narco-terrorism, see 21 U.S.C. § 960a, and one count of conspiracy to provide material support to a foreign…”
United States v. Bagcho, 227 F. Supp. 3d 28 (D.D.C. 2017). “§§ 959 (a)(1), 959(a)(2), and 960(b)(1)(A) (Counts Two and Three); and narcotics trafficking while funding terrorism, in violation of 21 U.S.C. §§ 960a, 841(a), and 841(b)(1)(A)(i) (Count Four).”
United States v. Khan Mohammed, 89 F.4th 158 (D.C. Cir. 2023). “§ 959 (a)(1)-(2) 3 (2006) 1 (the drug trafficking charge); and (2) distributing opium and heroin knowing or intending to provide something of pecuniary value to a terrorist in violation of 21 U.S.C. § 960a (the narcoterrorism charge).”
In re Sealed Case, No. 14-3043 (D.C. Cir. Aug. 30, 2019). · cites it 7× “GRIFFITH, Circuit Judge: Appellant pleaded guilty to violating 21 U.S.C. § 960a, which prohibits using the proceeds of drug trafficking to support foreign terrorist groups.”
United States v. Mohammed, No. 2006-0357 (D.D.C. Dec. 9, 2021). · cites it 2× “21 U.S.C. § 960a. Terrorist activity is defined as any activity which is unlawful under the laws of the place where it is committed which involves, inter alia, the use of any “explosive, firearm, or other weapon or dangerous device .”
United States v. Khan Mohammed, No. 09-3001 (D.C. Cir. Sept. 21, 2012). · cites it 2× “10 III Mohammed next argues that the evidence at trial cannot sustain his conviction under 21 U.S.C. § 960a. This statute criminalizes conduct abroad that would violate domestic drug laws if “committed within the jurisdiction of the United States” when the actor “know[s] or…”
United States v. Mohammed, 538 F. Supp. 2d 281 (D.D.C. 2008). · cites it 2× “§ 959 (distribution of one kilogram or more of heroin intending and knowing that the heroin will be unlawfully imported into the United States) and 21 U.S.C. § 960a (engaging in conduct violating 21 U.”
United States v. Mohammed, No. 2006-0357 (D.D.C. July 18, 2022). “The Government presents two grounds in support of this proposition, first, that upon his own admissions, Defendant was working with two or more individuals to plan a terrorist attack and second, that Defendant himself “was planning to engage in terrorist activity, which in and…”
Marron v. Maduro Moros, No. 1:21-cv-23190 (S.D. Fla. Jan. 23, 2023). “Defendants have committed predicate offenses for a Florida Anti-Terrorism Act violation, including narcoterrorism in violation of 21 U.S.C. § 960a. Acts of narcoterrorism are appropriate predicates for a violation of the Florida Anti-Terrorism Act.”
United States v. Bagcho, No. 2006-0334 (D.D.C. Feb. 16, 2012). “21 U.S.C. § 960a (“knowing or intending”).”
Show all 13 citing cases →
21 U.S.C. § 960a(a): 2 cases
United States v. Garavito-Garcia, 827 F.3d 242 (2d Cir. 2016). “Rakoff, Judge) on counts of narcoterrorism conspiracy, in violation of 21 U.S.C. § 960a (Count One); cocaine-importation conspiracy, in violation of 21 U.”
In re Sealed Case, No. 14-3043 (D.C. Cir. Aug. 30, 2019). “GRIFFITH, Circuit Judge: Appellant pleaded guilty to violating 21 U.S.C. § 960a, which prohibits using the proceeds of drug trafficking to support foreign terrorist groups.”
21 U.S.C. § 960a(b): 1 case
In re Sealed Case, No. 14-3043 (D.C. Cir. Aug. 30, 2019). “GRIFFITH, Circuit Judge: Appellant pleaded guilty to violating 21 U.S.C. § 960a, which prohibits using the proceeds of drug trafficking to support foreign terrorist groups.”
21 U.S.C. § 960a(b)(3): 1 case
In re Sealed Case, No. 14-3043 (D.C. Cir. Aug. 30, 2019). “GRIFFITH, Circuit Judge: Appellant pleaded guilty to violating 21 U.S.C. § 960a, which prohibits using the proceeds of drug trafficking to support foreign terrorist groups.”
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