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National Security Letters — Part 1
Page 76
76 / 1188
To: All Divisions From: Office of the General Counsel
Re: 319X-HO-A1487720-0GC, 04/07/2006
TITLE Il - TERRORISM DEATH PENALTY ENHANCEMENT
Among several provisions, this Title adjusts the Sentencing Guidelines to create a term of
post-incarceration supervision In connection with a conviction for a federal terrorism crime for
any term of years or for life and makes tegal counsel available for death-penalty defendants.
Procedural Changes Related to the Terrorism Death Penalty Enhancement: None at this
time.
TITLE IL - REDUCING CRIME AND TERRORISM AT AMERICA’S
SEAPORTS ACT_of 2005
This Title strengthens statutes related to seaport and maritime safety. For example, the
Title prohibits the maritime transportation of weapons of mass destruction for use in a federal
terrorism crime (18 U.S.C, § 2283). Additionally, it prohibits the maritime transportation of
terrorists (18 U.S.C. § 2284). The following highlights some of the new provisions in Title ITI.
Sec. 305. Transportation of Dangerous Materials and Terrorists.
This section makes it a federal] crime to transport aboard a vessel an explosive, biological
agent, chemical weapon, or radioactive or nuclear material with the intent that the material will
be used to commit a federal crime of terrorism (as defined in 18 U.S.C. § 2332b(g)(5)(B)).
Procedural Changes: None at this time. If necessary, additional guidance may be issued
in the future.
Sec. 309. Bribery Affecting Port Security.
This section makes it a federal crime to give or take a bribe with the intent to commit
international or domestic terrorism affecting port security.
Procedural Changes: None at this time. If necessary, additional guidance may be issued
in the future.
Sec. 311. Smuggling Goods from the United States.
This creates a new federal crime for illegally smuggling goods from the United States.
Procedural Changes: None at this time. If necessary, additional guidance may be issued
in the future,
TITLE IV - COMBATING TERRORISM FINANCING ACT of 2005.
The U.S, Department of Justice indicated that this Title carries forward the overall
strategy to stop terrorist-financing by making several adjustments to criminal statutes. It
accomplishes this goal by enhancing penalties for terrorism financing and prohibiting terrorism
financing through informai money networks, including hawalas. Illegal money laundering
transmissions (18 U.S.C. § 1960) are now predicates for racketeering (RICO predicate list at 18
U.S.C. § 1961(1). Terrorism financing (18 U.S.C. § 2339C) and the receipt of foreign military
26
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