18 U.S.C. § 954 — False statements influencing foreign gov-

Page 271 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 954 4610 of Title 50, War and National Defense, prior to re- peal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. Provisions relating to penalties are covered generally in section 4819 of Title 50, as en- acted by Pub. L. 115–232. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $75,000’’. 1993—Subsec. (e)(2)(A). Pub. L. 103–199 substituted ‘‘Cuba or any other country that the President deter- mines (and so reports to the Congress) poses a threat to the national security interest of the United States for purposes of this section’’ for ‘‘the Soviet Union, the German Democratic Republic, Hungary, Czecho- slovakia, Poland, Bulgaria, Romania, or Cuba’’. 1986—Subsec. (e). Pub. L. 99–569 added subsec. (e). 1984—Pub. L. 98–473 designated existing provisions as subsec. (a), substituted ‘‘Attorney General if required in subsection (b)’’ for ‘‘Secretary of State’’, and added subsecs. (b) to (d). 1983—Pub. L. 97–462 increased limitation on fines to $75,000 from $5,000. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97–462 effective 45 days after Jan. 12, 1983, see section 4 of Pub. L. 97–462, set out as a note under section 2071 of Title 28, Judiciary and Ju- dicial Procedure. § 952. Diplomatic codes and correspondence Whoever, by virtue of his employment by the United States, obtains from another or has or has had custody of or access to, any official dip- lomatic code or any matter prepared in any such code, or which purports to have been prepared in any such code, and without authorization or competent authority, willfully publishes or fur- nishes to another any such code or matter, or any matter which was obtained while in the process of transmission between any foreign government and its diplomatic mission in the United States, shall be fined under this title or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 743; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 135 of title 22, U.S.C., 1940 ed., For- eign Relations and Intercourse (June 10, 1933, ch. 57, 48 Stat. 122). Minor changes of phraseology were made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. § 953. Private correspondence with foreign gov- ernments Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or car- ries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any dis- putes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both. This section shall not abridge the right of a citizen to apply, himself or his agent, to any for- eign government or the agents thereof for re- dress of any injury which he may have sustained from such government or any of its agents or subjects. (June 25, 1948, ch. 645, 62 Stat. 744; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 5 (Mar. 4, 1909, ch. 321, § 5, 35 Stat. 1088; Apr. 22, 1932, ch. 126, 47 Stat. 132). The reference to any citizen or resident within the ju- risdiction of the United States not duly authorized ‘‘who counsels, advises or assists in such correspond- ence with such intent’’ was omitted as unnecessary in view of definition of principal in section 2. Mandatory punishment provision was rephrased in the alternative. Minor changes of arrangement and in phraseology were made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in first par. § 954. False statements influencing foreign gov- ernment Whoever, in relation to any dispute or con- troversy between a foreign government and the United States, willfully and knowingly makes any untrue statement, either orally or in writ- ing, under oath before any person authorized and empowered to administer oaths, which the affiant has knowledge or reason to believe will, or may be used to influence the measures or conduct of any foreign government, or of any of- ficer or agent of any foreign government, to the injury of the United States, or with a view or in- tent to influence any measure of or action by the United States or any department or agency thereof, to the injury of the United States, shall be fined under this title or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 744; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 231 of title 22, U.S.C., 1940 ed., For- eign Relations and Intercourse (June 15, 1917, ch. 30, title VIII, § 1, 40 Stat. 226; Mar. 28, 1940, ch. 72, § 6, 54 Stat. 80). Mandatory punishment provision was rephrased in the alternative. Words ‘‘department or agency’’ were added to elimi- nate any possible ambiguity as to scope of section. (See definitive section 6 of this title.) Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. Page 272 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 955 § 955. Financial transactions with foreign govern- ments Whoever, within the United States, purchases or sells the bonds, securities, or other obliga- tions of any foreign government or political sub- division thereof or any organization or associa- tion acting for or on behalf of a foreign govern- ment or political subdivision thereof, issued after April 13, 1934, or makes any loan to such foreign government, political subdivision, orga- nization or association, except a renewal or ad- justment of existing indebtedness, while such government, political subdivision, organization or association, is in default in the payment of its obligations, or any part thereof, to the United States, shall be fined under this title or imprisoned for not more than five years, or both. This section is applicable to individuals, part- nerships, corporations, or associations other than public corporations created by or pursuant to special authorizations of Congress, or cor- porations in which the United States has or ex- ercises a controlling interest through stock ownership or otherwise. While any foreign gov- ernment is a member both of the International Monetary Fund and of the International Bank for Reconstruction and Development, this sec- tion shall not apply to the sale or purchase of bonds, securities, or other obligations of such government or any political subdivision thereof or of any organization or association acting for or on behalf of such government or political sub- division, or to making of any loan to such gov- ernment, political subdivision, organization, or association. (June 25, 1948, ch. 645, 62 Stat. 744; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 804a of title 31, U.S.C., 1940 ed., Money and Finance (Apr. 13, 1934, ch. 112, §§ 1, 2, 48 Stat. 574). Words ‘‘within the United States’’ were substituted for ‘‘within the jurisdiction’’ etc., in view of the defini- tion of United States in section 5 of this title. Words ‘‘upon conviction thereof’’ were omitted from first paragraph as surplusage since punishment cannot be imposed until a conviction is secured. Minor changes were made in phraseology. SENATE REVISION AMENDMENT An additional paragraph was added to the text of this section by Senate amendment, which was taken from section 804b of Title 31, U.S.C., Money and Finance. Therefore, as finally enacted, such section 804b and the Acts from which it was derived (Act Apr. 13, 1934, ch. 112, § 3, as added July 31, 1945, ch. 339, § 9, 59 Stat. 516), were an additional source of this section. See Senate Report No. 1620, amendment No. 9, 80th Cong. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in first par. Statutory Notes and Related Subsidiaries APPLICABILITY OF SECTION Pub. L. 102–511, title IX, § 902, Oct. 24, 1992, 106 Stat. 3355, provided that: ‘‘Section 955 of title 18, United States Code, shall not apply with respect to any obliga- tions of the former Soviet Union, or any of the inde- pendent states of the former Soviet Union, or any polit- ical subdivision, organization, or association thereof.’’ § 956. Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country (a)(1) Whoever, within the jurisdiction of the United States, conspires with one or more other persons, regardless of where such other person or persons are located, to commit at any place outside the United States an act that would con- stitute the offense of murder, kidnapping, or maiming if committed in the special maritime and territorial jurisdiction of the United States shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be punished as provided in subsection (a)(2). (2) The punishment for an offense under sub- section (a)(1) of this section is— (A) imprisonment for any term of years or for life if the offense is conspiracy to murder or kidnap; and (B) imprisonment for not more than 35 years if the offense is conspiracy to maim. (b) Whoever, within the jurisdiction of the United States, conspires with one or more per- sons, regardless of where such other person or persons are located, to damage or destroy spe- cific property situated within a foreign country and belonging to a foreign government or to any political subdivision thereof with which the United States is at peace, or any railroad, canal, bridge, airport, airfield, or other public utility, public conveyance, or public structure, or any religious, educational, or cultural property so situated, shall, if any of the conspirators com- mits an act within the jurisdiction of the United States to effect any object of the conspiracy, be imprisoned not more than 25 years. (June 25, 1948, ch. 645, 62 Stat. 744; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–132, title VII, § 704(a), Apr. 24, 1996, 110 Stat. 1294.) HISTORICAL AND REVISION NOTES Based on section 234 of title 22, U.S.C., 1940 ed., For- eign Relations and Intercourse (June 15, 1917, ch. 30, title VIII, § 5, 40 Stat. 226). Editorial Notes AMENDMENTS 1996—Pub. L. 104–132 substituted ‘‘Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country’’ for ‘‘Conspiracy to injure property of foreign government’’ as section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘(a) If two or more persons within the jurisdiction of the United States conspire to injure or destroy specific property situated within a foreign country and belong- ing to a foreign government or to any political subdivi- sion thereof with which the United States is at peace, or any railroad, canal, bridge, or other public utility so situated, and if one or more such persons commits an act within the jurisdiction of the United States to ef- fect the object of the conspiracy, each of the parties to the conspiracy shall be fined under this title or impris- oned not more than three years, or both.