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terrorism laws—USA PATRIOT Act

The USA PATRIOT Act is a federal law (statute) passed in response to the terrorist attacks of September 11, 2001. The official title of the USA PATRIOT Act is: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001.

The purpose of the USA PATRIOT Act is to deter and punish terrorist acts in the United States and around the world; to enhance law enforcement investigatory tools; and other purposes, some of which include:

• To strengthen U.S. measures to prevent, detect, and prosecute international money laundering and financing of terrorism;

• To subject to special scrutiny foreign jurisdictions, foreign financial institutions, and classes of international transactions or types of accounts that are susceptible to criminal abuse;

• To require all appropriate elements of the financial services industry to report potential money laundering;

• To strengthen measures to prevent use of the U.S. financial system for personal gain by corrupt foreign officials and facilitate repatriation of stolen assets to the citizens of countries to whom such assets belong.

The vast scope of the USA PATRIOT Act can be seen in part from the titles of the sections of the statute:

• Title I—Enhancing Domestic Security Against Terrorism

• Title II—Enhanced Surveillance Procedures

• Title III—International Money Laundering Abatement and Anti-Terrorist Financing

• Title IV—Protecting the Border

• Title V—Removing Obstacles to Investigating Terrorism

• Title VI—Providing for Victims of Terrorism, Public Safety Officers, and Their Families

• Title VII—Increased Information Sharing for Critical Infrastructure Protection

• Title VIII—Strengthening the Criminal Laws Against Terrorism

• Title IX—Improved Intelligence

• Title X—Miscellaneous

The USA PATRIOT Act is a comprehensive federal statute enacted in response to the terrorist attacks on September 11, 2001. Its primary goals are to bolster law enforcement's ability to detect, prevent, and prosecute terrorism and related crimes, including international money laundering and the financing of terrorism. In Texas, as in all states, federal law, including the USA PATRIOT Act, supersedes state law where they may conflict. This means that the provisions of the USA PATRIOT Act are fully applicable within Texas and must be adhered to by state and local law enforcement agencies. The Act enhances surveillance and investigatory powers, imposes stricter regulations on financial institutions, and facilitates increased cooperation and information sharing among various agencies. It also includes measures to protect the borders, support victims of terrorism, and strengthen the criminal laws against terrorism. Attorneys in Texas, particularly those specializing in criminal defense, national security, and financial regulations, must be well-versed in the implications of the USA PATRIOT Act to effectively advise their clients.


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