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Extracted Text (OCR)
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provide an FTO with “material support or resources,” which is
broadly defined as any “property or service,” including money,
training and advice, safe haven, transportation, and weapons, among
other forms of assistance. Violation of this statute is punishable by up
to 15 years in prison, or life in prison if the support results in the
death of any person.
The Treasury Department’s Office of Foreign Assets Control (OFAC)
also enforces sanctions against Hamas and its affiliates, forbidding
U.S. persons from engaging in any transactions with a designated
terrorist, and further requiring that U.S. financial institutions block
any transactions involving assets of FTOs. OFAC frequently imposes
civil fines against violators of these sanctions, who may also suffer
criminal penalties.
The U.S. government has enforced these laws by bringing several
high-profile criminal prosecutions against various individuals and
charitable organizations for raising funds for Hamas. In 2008, for
example, a federal jury in Texas convicted five U.S. citizens on
charges of providing material support to Hamas through their
ostensibly charitable organization, the Holy Land Foundation,
resulting in sentences of 15 to 65 years in prison. The Treasury
Department has also targeted charities acting as fundraising fronts for
Hamas, such as the Al-Aqsa Foundation, an international relief
organization formerly based in Germany that Treasury designated a
terrorist entity in 2003, aiming to put them out of business by
freezing their bank accounts.
Current U.S. law, then, clearly forbids and severely punishes a wide
range of assistance to Hamas. But what if Hamas takes a leading role
in another organization not designated as an FTO -- specifically, the
PA? This question arose in 2006, when Hamas members defeated
Fatah in that year’s Palestinian elections. Hamas’ presence in the PA
posed a significant challenge to U.S. interests in the Palestinian
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