18 U.S.C. § 951 — Agents of foreign governments

Page 270 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 951 1 See References in Text note below. tablishment of a Federal system of registration of fire- arms, firearms owners, or firearms transactions or dis- positions, see section 12004(k) of Pub. L. 117–159, set out as a note under section 922 of this title. CHAPTER 45—FOREIGN RELATIONS Sec. 951. Agents of foreign governments. 952. Diplomatic codes and correspondence. 953. Private correspondence with foreign govern- ments. 954. False statements influencing foreign govern- ment. 955. Financial transactions with foreign govern- ments. 956. Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country. 957. Possession of property in aid of foreign gov- ernment. 958. Commission to serve against friendly nation. 959. Enlistment in foreign service. 960. Expedition against friendly nation. 961. Strengthening armed vessel of foreign nation. 962. Arming vessel against friendly nation. 963. Detention of armed vessel. 964. Delivering armed vessel to belligerent nation. 965. Verified statements as prerequisite to vessel’s departure. 966. Departure of vessel forbidden for false state- ments. 967. Departure of vessel forbidden in aid of neu- trality. [968, 969. Repealed.] 970. Protection of property occupied by foreign governments. Editorial Notes AMENDMENTS 1996—Pub. L. 104–132, title VII, § 704(b), Apr. 24, 1996, 110 Stat. 1295, substituted ‘‘Conspiracy to kill, kidnap, maim, or injure persons or damage property in a for- eign country’’ for ‘‘Conspiracy to injure property of for- eign government’’ in item 956. 1990—Pub. L. 101–647, title XII, § 1207(a), title XXXV, § 3530, Nov. 29, 1990, 104 Stat. 4832, 4924, struck out item 968 ‘‘Exportation of war materials to certain countries’’ and item 969 ‘‘Exportation of arms, liquors and nar- cotics to Pacific Islands’’. 1972—Pub. L. 92–539, title IV, § 402, Oct. 24, 1972, 86 Stat. 1073, added item 970. § 951. Agents of foreign governments (a) Whoever, other than a diplomatic or con- sular officer or attache´, acts in the United States as an agent of a foreign government without prior notification to the Attorney Gen- eral if required in subsection (b), shall be fined under this title or imprisoned not more than ten years, or both. (b) The Attorney General shall promulgate rules and regulations establishing requirements for notification. (c) The Attorney General shall, upon receipt, promptly transmit one copy of each notification statement filed under this section to the Sec- retary of State for such comment and use as the Secretary of State may determine to be appro- priate from the point of view of the foreign rela- tions of the United States. Failure of the Attor- ney General to do so shall not be a bar to pros- ecution under this section. (d) For purposes of this section, the term ‘‘agent of a foreign government’’ means an indi- vidual who agrees to operate within the United States subject to the direction or control of a foreign government or official, except that such term does not include— (1) a duly accredited diplomatic or consular officer of a foreign government, who is so rec- ognized by the Department of State; (2) any officially and publicly acknowledged and sponsored official or representative of a foreign government; (3) any officially and publicly acknowledged and sponsored member of the staff of, or em- ployee of, an officer, official, or representative described in paragraph (1) or (2), who is not a United States citizen; or (4) any person engaged in a legal commercial transaction. (e) Notwithstanding paragraph (d)(4), any per- son engaged in a legal commercial transaction shall be considered to be an agent of a foreign government for purposes of this section if— (1) such person agrees to operate within the United States subject to the direction or con- trol of a foreign government or official; and (2) such person— (A) is an agent of Cuba or any other coun- try that the President determines (and so re- ports to the Congress) poses a threat to the national security interest of the United States for purposes of this section, unless the Attorney General, after consultation with the Secretary of State, determines and so reports to the Congress that the national security or foreign policy interests of the United States require that the provisions of this section do not apply in specific cir- cumstances to agents of such country; or (B) has been convicted of, or has entered a plea of nolo contendere with respect to, any offense under section 792 through 799, 831, or 2381 of this title or under section 11 1 of the Export Administration Act of 1979, except that the provisions of this subsection shall not apply to a person described in this clause for a period of more than five years begin- ning on the date of the conviction or the date of entry of the plea of nolo contendere, as the case may be. (June 25, 1948, ch. 645, 62 Stat. 743; Pub. L. 97–462, § 6, Jan. 12, 1983, 96 Stat. 2530; Pub. L. 98–473, title II, § 1209, Oct. 12, 1984, 98 Stat. 2164; Pub. L. 99–569, title VII, § 703, Oct. 27, 1986, 100 Stat. 3205; Pub. L. 103–199, title II, § 202, Dec. 17, 1993, 107 Stat. 2321; Pub. L. 103–322, title XXXIII, § 330016(1)(R), Sept. 13, 1994, 108 Stat. 2148.) HISTORICAL AND REVISION NOTES Based on section 601 of title 22, U.S.C., 1940 ed., For- eign Relations and Intercourse (June 15, 1917, ch. 30, title VIII, § 3, 40 Stat. 226; Mar. 28, 1940, ch. 72, § 6, 54 Stat. 80). Mandatory punishment provision was rephrased in the alternative. Minor changes in phraseology were made. Editorial Notes REFERENCES IN TEXT Section 11 of the Export Administration Act of 1979, referred to in subsec. (e)(2)(B), was classified to section 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’’.