Evasion of Export Controls; Financial Transactions with Countries Supporting

International Terrorism (a) Base Offense Level (Apply the greater): (1) 26, if (A) national security controls or controls relating to the prolifer- ation of nuclear, biological, or chemical weapons or materials were evaded; or (B) the offense involved a financial transaction with a coun- try supporting international terrorism; or (2) 14, otherwise. Commentary Statutory Provisions: 18 U.S.C. § 2332d; 22 U.S.C. § 8512; 50 U.S.C. §§ 1705, 4819. For additional statutory provision(s), see Appendix A (Statutory Index). Application Notes: 1. Definition.—For purposes of subsection (a)(1)(B), “a country supporting international ter- rorism” means a country designated under section 1754 of the Export Controls Act of 2018 (50 U.S.C. § 4813). 2. Additional Penalties.—In addition to the provisions for imprisonment, 50 U.S.C. § 4819 con- tains provisions for criminal fines and forfeiture as well as civil penalties. 3. Departure Provisions.— (A) In General.—In determining the sentence within the applicable guideline range, the court may consider the degree to which the violation threatened a security interest of the United States, the volume of commerce involved, the extent of planning or sophistication, and whether there were multiple occurrences. Where such factors are present in an extreme form, a departure from the guidelines may be warranted. See Chapter Five, Part K (Depar- tures). (B) War or Armed Conflict.—In the case of a violation during time of war or armed conflict, an upward departure may be warranted. Historical Note Effective November 1, 1987. Amended effective November 1, 2001 (amendment 633); November 1, 2002 (amendment 637); November 1, 2011 (amendment 753); November 1, 2023 (amendment 824); November 1, 2024 (amendment 830). Guidelines Manual (November 1, 2024) ║ 293 §2M5.3