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technical assistance, as well as humanitarian donations. Exec. Order No. 13,224
section 1(d); section 4.

b. USA Patriot Act

The USA Patriot Act of 2001 (the “USA Patriot Act”) includes a variety of anti-
terrorism provisions, including expanded penalties for providing material or
financial support for terrorism. The USA Patriot Act imposes civil and criminal
penalties on individuals or organizations that provide “material support” or
resources with the intent or knowledge that such resources be used to fund
terrorist acts or by terrorist organizations. It is clear that the potential penalties
under the USA Patriot Act apply to nonprofits, and commentators anticipate that
investigation and enforcement activities may focus on exempt organizations
involved in international grantmaking or that directly carry out international
programs.

(i) Material Support for Terrorism.

“Material support” means “currency or monetary instruments or financial
securities, financial services, lodging, training, expert advice or assistance, safe
houses, false documentation or identification, communications, equipment,
facilities, weapons, lethal substances, explosives, personnel transportation, and
other physical assets, except medicine or religious materials.” 18 U.S.C. section
2339A(b). Penalties for providing material support for terrorism include
imprisonment for up to fifteen years or imprisonment for support of terrorism that
results in death. 18 U.S.C. section 2339A(a); section 2339B(a)(1).

(ii) Financing Terrorism.

As of June 2002, financing terrorism is a federal crime. Terrorist Bombings
Convention Implementation Act of 2002 section 202(a); 18 U.S.C. section 2339C. An
individual or organization that directly or indirectly “willfully provides or collects
funds with the intention that such funds be used, or with the knowledge that such
funds are to be used” to carry out terrorist activities or “any other act intended to
cause death or serious bodily injury to a civilian, or to any other person not taking
an active part in the hostilities in a situation of armed conflict, when the purpose of
such act, by its nature or context, is to intimidate a population, or to compel a
government or an international organization to do or to abstain from doing any
act,” is subject to imprisonment of up to twenty years 18 U.S.C. section 2339C(a)(1);
(d)(1).

WASHINGTON NONPROFIT HANDBOOK -130- 2018