18 U.S.C. § 956 — Conspiracy to kill, kidnap, maim, or injure

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. Page 273 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 960 ‘‘(b) Any indictment or information under this sec- tion shall describe the specific property which it was the object of the conspiracy to injure or destroy.’’ 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. § 957. Possession of property in aid of foreign government Whoever, in aid of any foreign government, knowingly and willfully possesses or controls any property or papers used or designed or in- tended for use in violating any penal statute, or any of the rights or obligations of the United States under any treaty or the law of nations, shall be fined under this title or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 745; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed. § 98 (June 15, 1917, ch. 30, title XI, § 22, 40 Stat. 230; Mar. 28, 1940, ch. 72, § 8, 54 Stat. 80). Definition of ‘‘foreign government’’ was omitted and is incorporated in section 11 of this title. Mandatory punishment provision was rephrased in the alternative. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 958. Commission to serve against friendly na- tion Any citizen of the United States who, within the jurisdiction thereof, accepts and exercises a commission to serve a foreign prince, state, col- ony, district, or people, in war, against any prince, state, colony, district, or people, with whom the United States is at peace, shall be fined under this title or imprisoned not more than three years, or both. (June 25, 1948, ch. 645, 62 Stat. 745; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 21 (Mar. 4, 1909, ch. 321, § 9, 35 Stat. 1089). Mandatory punishment provision was rephrased in the alternative. Minor changes in phraseology were made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $2,000’’. § 959. Enlistment in foreign service (a) Whoever, within the United States, enlists or enters himself, or hires or retains another to enlist or enter himself, or to go beyond the ju- risdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people as a sol- dier or as a marine or seaman on board any ves- sel of war, letter of marque, or privateer, shall be fined under this title or imprisoned not more than three years, or both. (b) This section shall not apply to citizens or subjects of any country engaged in war with a country with which the United States is at war, unless such citizen or subject of such foreign country shall hire or solicit a citizen of the United States to enlist or go beyond the juris- diction of the United States with intent to en- list or enter the service of a foreign country. En- listments under this subsection shall be under regulations prescribed by the Secretary of the Army. (c) This section and sections 960 and 961 of this title shall not apply to any subject or citizen of any foreign prince, state, colony, district, or people who is transiently within the United States and enlists or enters himself on board any vessel of war, letter of marque, or privateer, which at the time of its arrival within the United States was fitted and equipped as such, or hires or retains another subject or citizen of the same foreign prince, state, colony, district, or people who is transiently within the United States to enlist or enter himself to serve such foreign prince, state, colony, district, or people on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district, or people. (June 25, 1948, ch. 645, 62 Stat. 745; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 22, 30 (Mar. 4, 1909, ch. 321, §§ 10, 18, 35 Stat. 1089, 1091; May 7, 1917, ch. 11, 40 Stat. 39). Section consolidates said sections of title 18, U.S.C., 1940 ed. Last sentence of section 30 of title 18, U.S.C., 1940 ed., relating to piracy and treason, was omitted as unnecessary. 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. References in subsection (c) to sections 960 and 961 of this title are to the only other sections to which the subsection can apply. Mandatory punishment provision was rephrased in the alternative. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 960. Expedition against friendly nation Whoever, within the United States, knowingly begins or sets on foot or provides or prepares a means for or furnishes the money for, or takes part in, any military or naval expedition or en- terprise to be carried on from thence against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States is at peace, shall be fined under this title or imprisoned not more than three years, or both. (June 25, 1948, ch. 645, 62 Stat. 745; Pub. L. 103–322, title XXXIII, § 330016(1)(J), Sept. 13, 1994, 108 Stat. 2147.)