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18 U.S.C. § 1351 — Fraud in foreign labor contracting

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18 U.S.C. § 1351 — Fraud in foreign labor contracting

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Page 367 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1352 all the requirements set forth in this section shall be fined not more than $5,000,000, or im- prisoned not more than 20 years, or both. (Added Pub. L. 107–204, title IX, § 906(a), July 30, 2002, 116 Stat. 806.) § 1351. Fraud in foreign labor contracting (a) WORK INSIDE THE UNITED STATES.—Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, so- licit, or hire a person outside the United States, or attempts to do so, for purposes of employ- ment in the United States by means of materi- ally false or fraudulent pretenses, representa- tions or promises regarding that employment shall be fined under this title or imprisoned for not more than 5 years, or both. (b) WORK OUTSIDE THE UNITED STATES.—Who- ever knowingly and with intent to defraud re- cruits, solicits, or hires a person outside the United States or causes another person to re- cruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of em- ployment performed on a United States Govern- ment contract performed outside the United States, or on a United States military installa- tion or mission outside the United States or other property or premises outside the United States owned or controlled by the United States Government, by means of materially false or fraudulent pretenses, representations, or prom- ises regarding that employment, shall be fined under this title or imprisoned for not more than 5 years, or both. (Added Pub. L. 110–457, title II, § 222(e)(2), Dec. 23, 2008, 122 Stat. 5070; amended Pub. L. 112–239, div. A, title XVII, § 1706(a), Jan. 2, 2013, 126 Stat. 2097.) Editorial Notes AMENDMENTS 2013—Subsec. (a). Pub. L. 112–239, § 1706(a)(1), which di- rected substitution of ‘‘(a) WORK INSIDE THE UNITED STATES.—Whoever knowingly and with intent to de- fraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, so- licit, or hire a person outside the United States, or at- tempts to do so,’’ for ‘‘Whoever knowingly and with the intent to defraud recruits, solicits or hires a person outside the United States’’, was executed by making the substitution for ‘‘Whoever knowingly and with in- tent to defraud recruits, solicits or hires a person out- side the United States’’ to reflect the probable intent of Congress. Subsec. (b). Pub. L. 112–239, § 1706(a)(2), added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112–239 effective Jan. 2, 2013 and applicable to conduct taking place on or after Jan. 2, 2013, see section 7104d(c)(3) of Title 22, Foreign Rela- tions and Intercourse. § 1352. Demands by foreign officials for bribes (a) DEFINITIONS.—In this section: (1) FOREIGN OFFICIAL.—The term ‘‘foreign of- ficial’’ means— (A)(i) any official or employee of a foreign government or any department, agency, or instrumentality thereof; or (ii) any senior foreign political figure, as defined in section 1010.605 of title 31, Code of Federal Regulations, or any successor regu- lation; (B) any official or employee of a public international organization; (C) any person acting in an official capac- ity for or on behalf of— (i) a government, department, agency, or instrumentality described in subparagraph (A)(i); or (ii) a public international organization. (2) PUBLIC INTERNATIONAL ORGANIZATION.— The term ‘‘public international organization’’ means— (A) an organization that is designated by Executive order pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288); or (B) any other international organization that is designated by the President by Exec- utive order for the purposes of this section, effective as of the date of publication of the order in the Federal Register. (b) PROHIBITION OF DEMAND FOR A BRIBE.— (1) OFFENSE.—It shall be unlawful for any foreign official or person selected to be a for- eign official to corruptly demand, seek, re- ceive, accept, or agree to receive or accept, di- rectly or indirectly, anything of value person- ally or for any other person or nongovern- mental entity, by making use of the mails or any means or instrumentality of interstate commerce— (A) from— (i) any person (as defined in section 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–3), except that that definition shall be applied without regard to whether the person is an offender) while the foreign official or person selected to be a foreign official, or a person acting on be- half of the foreign official or person se- lected to be a foreign official, is in the ter- ritory of the United States; (ii) an issuer (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))), or any officer, director, em- ployee, or agent of an issuer or any stock- holder thereof acting on behalf of the issuer; or (iii) a domestic concern (as defined in section 104 of the Foreign Corrupt Prac- tices Act of 1977 (15 U.S.C. 78dd–2)), or any officer, director, employee, or agent of a domestic concern or any stockholder thereof acting on behalf of the domestic concern; and (B) in return for— (i) being influenced in the performance of any act or decision of the foreign offi- cial or person selected to be a foreign offi- cial in the official capacity of the foreign official or person selected to be a foreign official; (ii) being induced to do or omit to do any act in violation of the lawful duty of the foreign official or person selected to be a foreign official; (iii) conferring any improper advantage; or

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 78c — Definitions and application

**(a) Definitions** When used in this chapter, unless the context otherwise requires— (1) The term “exchange” means any organization, association, or group of persons, whether incorporated or unincorporated, which constitutes, maintains, or provides a market place or facilities for bringing together purchasers and sellers of securities or for otherwise performing with respect to securities the functions commonly performed by a stock exchange as that term is generally understood, and includes the market place and the market facilities maintained by such exchange. (2) The term “facility” when used with respect to an exchange includes its premises, tangible or intangible property whether on the premises or not, any right to the use of such premises or property or any service thereof for the purpose of effecting or reporting a transaction on an exchange (including, among other things, any system of communication to or from the exchange, by ticker or otherwise, maintained by or with the consent of the exchange), and any right of the exchange to the use of any property or service. (3) (A) The term “member” when used with respect to a national securities exchange means (i) any natural person permitted to effect transactions on the floor of the exchange without the services of another person acting as broker, (ii) any registered broker or dealer with which such a natural person is associated, (iii) any registered broker or dealer permitted to designate as a representative such a natural person, and (iv) any other registered broker or dealer which agrees to be regulated by such exchange and with respect to which the exchange undertakes to enforce compliance with the provisions of this chapter, the rules and regulations thereunder, and its own rules. For purposes of section

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15 U.S.C. § 78c — Definitions and application

Page 207 TITLE 15—COMMERCE AND TRADE § 78c submit to Congress an interim report twelve months after Oct. 26, 1974, and not later than one and one-half years after Oct. 26, 1974, a full and complete report of the findings made under the study authorized, together with such recommendations as they considered appro- priate. Executive Documents EX. ORD. NO. 12631. WORKING GROUP ON FINANCIAL MARKETS Ex. Ord. No. 12631, Mar. 18, 1988, 53 F.R. 9421, provided: By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, and in order to establish a Working Group on Financial Markets, it is hereby ordered as follows: SECTION 1. Establishment. (a) There is hereby estab- lished a Working Group on Financial Markets (Working Group). The Working Group shall be composed of: (1) the Secretary of the Treasury, or his designee; (2) the Chairman of the Board of Governors of the Federal Reserve System, or his designee; (3) the Chairman of the Securities and Exchange Commission, or his designee; and (4) the Chairman of the Commodity Futures Trading Commission, or her designee. (b) The Secretary of the Treasury, or his designee, shall be the Chairman of the Working Group. SEC. 2. Purposes and Functions. (a) Recognizing the goals of enhancing the integrity, efficiency, orderli- ness, and competitiveness of our Nation’s financial markets and maintaining investor confidence, the Working Group shall identify and consider: (1) the major issues raised by the numerous studies on the events in the financial markets surrounding Oc- tober 19, 1987, and any of those recommendations that have the potential to achieve the goals noted above; and (2) the actions, including governmental actions under existing laws and regu

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 78dd — Foreign securities exchanges

**(a) Unlawful transactions on foreign securities exchanges** It shall be unlawful for any broker or dealer, directly or indirectly, to make use of the mails or of any means or instrumentality of interstate commerce for the purpose of effecting on an exchange not within or subject to the jurisdiction of the United States, any transaction in any security the issuer of which is a resident of, or is organized under the laws of, or has its principal place of business in, a place within or subject to the jurisdiction of the United States, in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors or to prevent the evasion of this chapter. **(b) Business without the jurisdiction of the United States** The provisions of this chapter or of any rule or regulation thereunder shall not apply to any person insofar as he transacts a business in securities without the jurisdiction of the United States, unless he transacts such business in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate to prevent the evasion of this chapter. **(c) Rule of construction** No provision of this chapter that was added by the Wall Street Transparency and Accountability Act of 2010, or any rule or regulation thereunder, shall apply to any person insofar as such person transacts a business in security-based swaps without the jurisdiction of the United States, unless such person transacts such business in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate to prevent the evasion of any provision of this chapter that was added by the Wall Street Transparency and Accountability Act of 2010. This sub

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15 U.S.C. § 78dd — Foreign securities exchanges

Page 454 TITLE 15—COMMERCE AND TRADE § 78dd thereunder, and every contract (including any contract for listing a security on an exchange) heretofore or hereafter made, the performance of which involves the violation of, or the con- tinuance of any relationship or practice in viola- tion of, any provision of this chapter or any rule or regulation thereunder, shall be void (1) as re- gards the rights of any person who, in violation of any such provision, rule, or regulation, shall have made or engaged in the performance of any such contract, and (2) as regards the rights of any person who, not being a party to such con- tract, shall have acquired any right thereunder with actual knowledge of the facts by reason of which the making or performance of such con- tract was in violation of any such provision, rule, or regulation: Provided, (A) That no con- tract shall be void by reason of this subsection because of any violation of any rule or regula- tion prescribed pursuant to paragraph (3) of sub- section (c) of section 78o of this title, and (B) that no contract shall be deemed to be void by reason of this subsection in any action main- tained in reliance upon this subsection, by any person to or for whom any broker or dealer sells, or from or for whom any broker or dealer pur- chases, a security in violation of any rule or reg- ulation prescribed pursuant to paragraph (1) or (2) of subsection (c) of section 78o of this title, unless such action is brought within one year after the discovery that such sale or purchase involves such violation and within three years after such violation. The Commission may, in a rule or regulation prescribed pursuant to such paragraph (2) of such section 78o(c) of this title, designate such rule or regulation, or port

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1351 — Fraud in foreign labor contracting

**(a) Work Inside the United States.—** Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of employment in the United States by means of materially false or fraudulent pretenses, representations or promises regarding that employment shall be fined under this title or imprisoned for not more than 5 years, or both. **(b) Work Outside the United States.—** Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of employment performed on a United States Government contract performed outside the United States, or on a United States military installation or mission outside the United States or other property or premises outside the United States owned or controlled by the United States Government, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment, shall be fined under this title or imprisoned for not more than 5 years, or both.

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22 U.S.C. § 288 — United States Special Resources

**(a) Development projects and programs** The United States Special Resources shall be used to finance specific high priority development projects and programs in developing member countries of the Bank with emphasis on such projects and programs in the Southeast Asia region. **(b) Authorized uses** The United States Special Resources shall be used by the Bank only for— (1) making development loans on terms which may be more flexible and bear less heavily on the balance of payments than those established by the Bank for its ordinary operations; and (2) providing technical assistance credits on a reimbursable basis. **(c) Eligible goods and services** (1) The United States Special Resources may be expended by the Bank only for procurement in the United States of goods produced in, or services supplied from the United States, except that the United States Governor, in consultation with the National Advisory Council on International Monetary and Financial Policies, may allow eligibility for procurement in other member countries from the United States Special Resources if he determines that such procurement eligibility would materially improve the ability of the Bank to carry out the objectives of its special funds resources and would be compatible with the international financial position of the United States. (2) The United States Special Resources may be used to pay for administrative expenses arising from the use of the United States Special Resources, but only to the extent such expenses are not covered from the Bank’s service fee or income from use of United States Special Resources. **(d) Repayment in dollars** All financing of programs and projects by the Bank from the United States Special Resources shall be repayable to the Bank by the borrowers in United S

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22 U.S.C. § 288 — ‘‘International organization’’ defined; au-

Page 237 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 288 80 Stat. 631, which Act enacted Title 5, Government Or- ganization and Employees. In cls. (b) and (c), ‘‘section 5731 of title 5’’ and ‘‘sec- tion 5912 of title 5’’ substituted for ‘‘section 10 of the Act of March 3, 1933 (U.S.C., title 5, sec. 73b)’’ and ‘‘the Act approved June 26, 1930 (U.S.C., title 5, sec. 118a)’’, respectively, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, which Act enacted Title 5. In cl. (f), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In cl. (k), ‘‘section 501 of title 44’’ substituted for ‘‘section 11 of the Act of March 1, 1919 (44 U.S.C. 111)’’ on authority of Pub. L. 90–620, § 2(b), Oct. 22, 1968, which Act enacted Title 44, Public Printing and Documents. In cl. (k), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1949—Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’. Statutory Notes and Related Subsidiaries REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. ANNUAL APPROPRIATIONS Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title. RESTRICTION ON CONTRIBUTIONS BECAUS

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