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US (United States) Code. Title 18. Chapter 45: Foreign relations

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18 USC CHAPTER 45 - FOREIGN RELATIONS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

CHAPTER 45 - FOREIGN RELATIONS

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Sec.

951. Agents of foreign governments.

952. Diplomatic codes and correspondence.

953. Private correspondence with foreign governments.

954. False statements influencing foreign government.

955. Financial transactions with foreign governments.

956. Conspiracy to kill, kidnap, maim, or injure persons or damage

property in a foreign country.

957. Possession of property in aid of foreign government.

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 statements.

967. Departure of vessel forbidden in aid of neutrality.

(968, 969. Repealed.)

970. Protection of property occupied by foreign governments.

AMENDMENTS

1996 - Pub. L. 104-132, title VII, Sec. 704(b), Apr. 24, 1996,

110 Stat. 1295, substituted ''Conspiracy to kill, kidnap, maim, or

injure persons or damage property in a foreign country'' for

''Conspiracy to injure property of foreign government'' in item

956.

1990 - Pub. L. 101-647, title XII, Sec. 1207(a), title XXXV, Sec.

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 narcotics to Pacific Islands''.

1972 - Pub. L. 92-539, title IV, Sec. 402, Oct. 24, 1972, 86

Stat. 1073, added item 970.

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18 USC Sec. 951 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 951. Agents of foreign governments

-STATUTE-

(a) Whoever, other than a diplomatic or consular officer or

attacheAE1, acts in the United States as an agent of a foreign

government without prior notification to the Attorney General 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.

one copy of each notification statement filed under this section to

the Secretary of State for such comment and use as the Secretary of

State may determine to be appropriate from the point of view of the

foreign relations of the United States. Failure of the Attorney

General to do so shall not be a bar to prosecution under this

section.

(d) For purposes of this section, the term ''agent of a foreign

government'' means an individual 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 recognized 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 employee 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 person 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 control of a foreign government or

official; and

(2) such person -

(A) is an agent of Cuba or any other country that the

President determines (and so reports 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

circumstances 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 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

beginning on the date of the conviction or the date of entry of

the plea of nolo contendere, as the case may be.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 743; Pub. L. 97-462, Sec. 6, Jan.

12, 1983, 96 Stat. 2530; Pub. L. 98-473, title II, Sec. 1209, Oct.

12, 1984, 98 Stat. 2164; Pub. L. 99-569, title VII, Sec. 703, Oct.

27, 1986, 100 Stat. 3205; Pub. L. 103-199, title II, Sec. 202, Dec.

17, 1993, 107 Stat. 2321; Pub. L. 103-322, title XXXIII, Sec.

330016(1)(R), Sept. 13, 1994, 108 Stat. 2148.)

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HISTORICAL AND REVISION NOTES

Based on section 601 of title 22, U.S.C., 1940 ed., Foreign

Relations and Intercourse (June 15, 1917, ch. 30, title VIII, Sec.

3, 40 Stat. 226; Mar. 28, 1940, ch. 72, Sec. 6, 54 Stat. 80).

Mandatory punishment provision was rephrased in the alternative.

Minor changes in phraseology were made.

-REFTEXT-

REFERENCES IN TEXT

Section 11 of the Export Administration Act of 1979, referred to

in subsec. (e)(2)(B), is classified to section 2410 of Title 50,

Appendix, War and National Defense.

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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 determines (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, Czechoslovakia,

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.

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 Judicial Procedure.

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18 USC Sec. 952 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 952. Diplomatic codes and correspondence

-STATUTE-

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 diplomatic 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 furnishes 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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 743; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

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HISTORICAL AND REVISION NOTES

Based on section 135 of title 22, U.S.C., 1940 ed., Foreign

Relations and Intercourse (June 10, 1933, ch. 57, 48 Stat. 122).

Minor changes of phraseology were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000''.

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18 USC Sec. 953 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 953. Private correspondence with foreign governments

-STATUTE-

Any citizen of the United States, wherever he may be, who,

without authority of the United States, directly or indirectly

commences or carries 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 disputes 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 foreign government or the agents

thereof for redress of any injury which he may have sustained from

such government or any of its agents or subjects.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 744; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 5 (Mar. 4, 1909, ch.

321, Sec. 5, 35 Stat. 1088; Apr. 22, 1932, ch. 126, 47 Stat. 132).

The reference to any citizen or resident within the jurisdiction

of the United States not duly authorized ''who counsels, advises or

assists in such correspondence 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.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in first par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 App. section 34.

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18 USC Sec. 954 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 954. False statements influencing foreign government

-STATUTE-

Whoever, in relation to any dispute or controversy between a

foreign government and the United States, willfully and knowingly

makes any untrue statement, either orally or in writing, 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 officer or agent of any foreign government,

to the injury of the United States, or with a view or intent 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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 744; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 231 of title 22, U.S.C., 1940 ed., Foreign

Relations and Intercourse (June 15, 1917, ch. 30, title VIII, Sec.

1, 40 Stat. 226; Mar. 28, 1940, ch. 72, Sec. 6, 54 Stat. 80).

Mandatory punishment provision was rephrased in the alternative.

Words ''department or agency'' were added to eliminate any

possible ambiguity as to scope of section. (See definitive section

6 of this title.)

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1717 of this title.

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18 USC Sec. 955 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 955. Financial transactions with foreign governments

-STATUTE-

Whoever, within the United States, purchases or sells the bonds,

securities, or other obligations of any foreign government or

political subdivision thereof or any organization or association

acting for or on behalf of a foreign government or political

subdivision thereof, issued after April 13, 1934, or makes any loan

to such foreign government, political subdivision, organization or

association, except a renewal or adjustment 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, partnerships,

corporations, or associations other than public corporations

created by or pursuant to special authorizations of Congress, or

corporations in which the United States has or exercises a

controlling interest through stock ownership or otherwise. While

any foreign government is a member both of the International

Monetary Fund and of the International Bank for Reconstruction and

Development, this section 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

subdivision, or to making of any loan to such government, political

subdivision, organization, or association.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 744; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

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HISTORICAL AND REVISION NOTES

Based on section 804a of title 31, U.S.C., 1940 ed., Money and

Finance (Apr. 13, 1934, ch. 112, Sec. 1, 2, 48 Stat. 574).

Words ''within the United States'' were substituted for ''within

the jurisdiction'' etc., in view of the definition 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, Sec. 3, as added July 31, 1945, ch. 339, Sec. 9, 59

Stat. 516), were an additional source of this section. See Senate

Report No. 1620, amendment No. 9, 80th Cong.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000'' in first par.

APPLICABILITY OF SECTION

Pub. L. 102-511, title IX, Sec. 902, Oct. 24, 1992, 106 Stat.

3355, provided that: ''Section 955 of title 18, United States Code,

shall not apply with respect to any obligations of the former

Soviet Union, or any of the independent states of the former Soviet

Union, or any political subdivision, organization, or association

thereof.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 635h; title 22

section 2395.

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18 USC Sec. 956 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 956. Conspiracy to kill, kidnap, maim, or injure persons or

damage property in a foreign country

-STATUTE-

(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 constitute 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 subsection (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 persons, regardless of where such other

person or persons are located, to damage or destroy specific

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

commits an act within the jurisdiction of the United States to

effect any object of the conspiracy, be imprisoned not more than 25

years.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 744; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.

104-132, title VII, Sec. 704(a), Apr. 24, 1996, 110 Stat. 1294.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 234 of title 22, U.S.C., 1940 ed., Foreign

Relations and Intercourse (June 15, 1917, ch. 30, title VIII, Sec.

5, 40 Stat. 226).

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 belonging to a foreign

government or to any political subdivision 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 effect the

object of the conspiracy, each of the parties to the conspiracy

shall be fined under this title or imprisoned not more than three

years, or both.

''(b) Any indictment or information under this section 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''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1717, 1956, 2332b, 2339A,

3142 of this title.

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18 USC Sec. 957 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 957. Possession of property in aid of foreign government

-STATUTE-

Whoever, in aid of any foreign government, knowingly and

willfully possesses or controls any property or papers used or

designed or intended 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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 745; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

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HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed. Sec. 98 (June 15, 1917, ch.

30, title XI, Sec. 22, 40 Stat. 230; Mar. 28, 1940, ch. 72, Sec. 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.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1717 of this title.

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18 USC Sec. 958 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 958. Commission to serve against friendly nation

-STATUTE-

Any citizen of the United States who, within the jurisdiction

thereof, accepts and exercises a commission to serve a foreign

prince, state, colony, 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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 745; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 21 (Mar. 4, 1909, ch.

321, Sec. 9, 35 Stat. 1089).

Mandatory punishment provision was rephrased in the alternative.

Minor changes in phraseology were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $2,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 461.

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18 USC Sec. 959 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 959. Enlistment in foreign service

-STATUTE-

(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 jurisdiction 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 soldier or as a marine or seaman

on board any vessel 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 jurisdiction of the United States with intent to

enlist or enter the service of a foreign country. Enlistments

under this subsection shall be under regulations prescribed by the

Secretary of the Army.

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 745; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 22, 30 (Mar. 4, 1909,

ch. 321, Sec. 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 definition 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.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $1,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 461.

-CITE-

18 USC Sec. 960 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 960. Expedition against friendly nation

-STATUTE-

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

enterprise 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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 745; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(J), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 25 (Mar. 4, 1909, ch.

321, Sec. 13, 35 Stat. 1090; June 15, 1917, ch. 30, title V, Sec.

8, 40 Stat. 223).

Words ''within the United States'' were substituted for ''within

the jurisdiction'' etc., in view of the definition of United States

in section 5 of this title.

Reference to territory or possessions of the United States was

omitted as covered by definitive section 5 of this title.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $3,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 959, 1717 of this title;

title 8 section 1227; title 22 sections 461, 465.

-CITE-

18 USC Sec. 961 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 961. Strengthening armed vessel of foreign nation

-STATUTE-

Whoever, within the United States, increases or augments the

force of any ship of war, cruiser, or other armed vessel which, at

the time of her arrival within the United States, was a ship of

war, or cruiser, or armed vessel, in the service of any foreign

prince or state, or of any colony, district, or people, or

belonging to the subjects or citizens of any such prince or state,

colony, district, or people, the same being at war with any foreign

prince or state, or of any colony, district, or people, with whom

the United States is at peace, by adding to the number of the guns

of such vessel, or by changing those on board of her for guns of a

larger caliber, or by adding thereto any equipment solely

applicable to war, shall be fined under this title or imprisoned

not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 746; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 24 (Mar. 4, 1909, ch.

321, Sec. 12, 35 Stat. 1090).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Mandatory punishment was rephrased in the alternative.

Words ''within the United States'' were substituted for ''within

the territory or jurisdiction'' etc., in view of the definition of

United States in section 5 of this title.

Minor changes in phraseology were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 959 of this title; title

22 section 461.

-CITE-

18 USC Sec. 962 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 962. Arming vessel against friendly nation

-STATUTE-

Whoever, within the United States, furnishes, fits out, arms, or

attempts to furnish, fit out or arm, any vessel, with intent that

such vessel shall be employed in the service of any foreign prince,

or state, or of any colony, district, or people, to cruise, or

commit hostilities against the subjects, citizens, or property of

any foreign prince or state, or of any colony, district, or people

with whom the United States is at peace; or

Whoever issues or delivers a commission within the United States

for any vessel, to the intent that she may be so employed -

Shall be fined under this title or imprisoned not more than three

years, or both.

Every such vessel, her tackle, apparel, and furniture, together

with all materials, arms, ammunition, and stores which may have

been procured for the building and equipment thereof, shall be

forfeited, one half to the use of the informer and the other half

to the use of the United States.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 746; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 23 (Mar. 4, 1909, ch.

321, Sec. 11, 35 Stat. 1090).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Words ''within the United States'' were substituted for ''within

the jurisdiction'' etc., in view of the definition of United States

in section 5 of this title.

Mandatory punishment provision was rephrased in the alternative.

Minor change was made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000'' in third par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 461.

-CITE-

18 USC Sec. 963 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 963. Detention of armed vessel

-STATUTE-

(a) During a war in which the United States is a neutral nation,

the President, or any person authorized by him, may detain any

armed vessel owned wholly or in part by citizens of the United

States, or any vessel, domestic or foreign (other than one which

has entered the ports of the United States as a public vessel),

which is manifestly built for warlike purposes or has been

converted or adapted from a private vessel to one suitable for

warlike use, until the owner or master, or person having charge of

such vessel, shall furnish proof satisfactory to the President, or

to the person duly authorized by him, that the vessel will not be

employed to cruise against or commit or attempt to commit

hostilities upon the subjects, citizens, or property of any foreign

prince or state, or of any colony, district, or people with which

the United States is at peace, and that the said vessel will not be

sold or delivered to any belligerent nation, or to an agent,

officer, or citizen of such nation, by them or any of them, within

the jurisdiction of the United States, or upon the high seas.

(b) Whoever, in violation of this section takes, or attempts to

take, or authorizes the taking of any such vessel, out of port or

from the United States, shall be fined under this title or

imprisoned not more than ten years, or both.

In addition, such vessel, her tackle, apparel, furniture,

equipment, and her cargo shall be forfeited to the United States.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 746; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 32, 36 (June 15, 1917,

ch. 30, title V, Sec. 2, 6, 40 Stat. 221, 222; Mar. 28, 1940, ch.

72, Sec. 5, 54 Stat. 79).

Section consolidates said sections of title 18, U.S.C., 1940 ed.

Words ''within the United States'' were substituted for ''within

the jurisdiction'' etc., in view of the definition of United States

in section 5 of this title.

Mandatory punishment provision was rephrased in the alternative.

The conspiracy provision of said section 36 was omitted as

covered by section 371 of this title. See reviser's note under

that section.

Changes in phraseology were also made.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000''.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation to Secretary of Homeland Security of authority

vested in President by this section, see section 1(l) of Ex. Ord.

No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a

note under section 301 of Title 3, The President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 465.

-CITE-

18 USC Sec. 964 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 964. Delivering armed vessel to belligerent nation

-STATUTE-

(a) During a war in which the United States is a neutral nation,

it shall be unlawful to send out of the United States any vessel

built, armed, or equipped as a vessel of war, or converted from a

private vessel into a vessel of war, with any intent or under any

agreement or contract that such vessel will be delivered to a

belligerent nation, or to an agent, officer, or citizen of such

nation, or with reasonable cause to believe that the said vessel

will be employed in the service of any such belligerent nation

after its departure from the jurisdiction of the United States.

(b) Whoever, in violation of this section, takes or attempts to

take, or authorizes the taking of any such vessel, out of port or

from the United States, shall be fined under this title or

imprisoned not more than ten years, or both.

In addition, such vessel, her tackle, apparel, furniture,

equipment, and her cargo shall be forfeited to the United States.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 747; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 33, 36 (June 15, 1917,

ch. 30, title V, Sec. 3, 6, 40 Stat. 222; Mar. 28, 1940, ch. 72,

Sec. 5, 54 Stat. 79).

Section consolidates said sections of title 18, U.S.C., 1940 ed.

Words ''within the United States'' were substituted for ''within

the jurisdiction'' etc., in view of the definition of United States

in section 5 of this title.

Mandatory punishment provision was rephrased in the alternative.

The conspiracy provision of said section 36 was omitted as

covered by section 371 of this title. See reviser's note under

that section.

Minor changes of phraseology were made.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1717 of this title; title

22 section 465.

-CITE-

18 USC Sec. 965 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 965. Verified statements as prerequisite to vessel's departure

-STATUTE-

(a) During a war in which the United States is a neutral nation,

every master or person having charge or command of any vessel,

domestic or foreign, whether requiring clearance or not, before

departure of such vessel from port shall, in addition to the facts

required by section 431 of the Tariff Act of 1930 (19 U.S.C. 1431)

and section 4197 of the Revised Statutes of the United States (46

U.S.C. App. 91), to be set out in the masters' and shippers'

manifests before clearance will be issued to vessels bound to

foreign ports, deliver to the Customs Service a statement, duly

verified by oath, that the cargo or any part of the cargo is or is

not to be delivered to other vessels in port or to be transshipped

on the high seas, and, if it is to be so delivered or transshipped,

stating the kind and quantities and the value of the total quantity

of each kind of article so to be delivered or transshipped, and the

name of the person, corporation, vessel, or government to whom the

delivery or transshipment is to be made; and the owners, shippers,

or consignors of the cargo of such vessel shall in the same manner

and under the same conditions deliver to the Customs Service like

statements under oath as to the cargo or the parts thereof laden or

shipped by them, respectively.

(b) Whoever, in violation of this section, takes or attempts to

take, or authorizes the taking of any such vessel, out of port or

from the United States, shall be fined under this title or

imprisoned not more than ten years, or both.

In addition, such vessel, her tackle, apparel, furniture,

equipment, and her cargo shall be forfeited to the United States.

The Secretary of the Treasury is authorized to promulgate

regulations upon compliance with which vessels engaged in the

coastwise trade or fisheries or used solely for pleasure may be

relieved from complying with this section.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 747; Pub. L. 103-182, title VI,

Sec. 687, Dec. 8, 1993, 107 Stat. 2221; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 34, 36 (June 15, 1917,

ch. 30, title V, Sec. 4, 6, 40 Stat. 222; Mar. 28, 1940, ch. 72,

Sec. 5, 54 Stat. 79).

Section consolidates said sections of title 18, U.S.C., 1940 ed.

Words ''within the United States'' were substituted for ''within

the jurisdiction'' etc., in view of the definition of United States

in section 5 of this title.

Mandatory punishment provision was rephrased in the alternative.

Words in subsection (a), referring to title 46, sections 91, 92,

and 94, ''each of which sections is hereby declared to be and is

continued in full force and effect,'' were omitted as surplusage.

The conspiracy provision of said section 36 was omitted as

covered by section 371 of this title. See reviser's note under

that section.

The final paragraph of the revised section was added on advice of

the Treasury Department, to conform with administrative practice

and because of the unnecessary burden upon domestic commerce had

the provisions of this section been enforced against coastwise,

fishing, and pleasure vessels.

Minor changes of phraseology were made.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000''.

1993 - Subsec. (a). Pub. L. 103-182 substituted ''section 431 of

the Tariff Act of 1930 (19 U.S.C. 1431) and section 4197 of the

Revised Statutes of the United States (46 U.S.C. App. 91),'' for

''sections 91, 92, and 94 of Title 46'', ''deliver to the Customs

Service'' for ''deliver to the collector of customs for the

district wherein such vessel is then located'', and ''the Customs

Service like'' for ''the collector like''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

All offices of collector of customs, comptroller of customs,

surveyor of customs, and appraiser of merchandise in Bureau of

Customs of Department of the Treasury to which appointments were

required to be made by President with advice and consent of Senate

ordered abolished, with such offices to be terminated not later

than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25,

1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title

5, Government Organization and Employees. All functions of offices

eliminated were already vested in Secretary of the Treasury by

Reorg. Plan No. 26 of 1950. eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, set out in the Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 966 of this title; title

22 section 465.

-CITE-

18 USC Sec. 966 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 45 - FOREIGN RELATIONS

-HEAD-

Sec. 966. Departure of vessel forbidden for false statements

-STATUTE-

(a) Whenever it appears that the vessel is not entitled to

clearance or whenever there is reasonable cause to believe that the

additional statements under oath required in section 965 of this

title are false, the collector of customs for the district in which

the vessel is located may, subject to review by the head of the

department or agency charged with the administration of laws

relating to clearance of vessels, refuse clearance to any vessel,

domestic or foreign, and by formal notice served upon the owners,

master, or person or persons in command or charge of any domestic

vessel for which clearance is not required by law, forbid the

departure of the vessel from the port or from the United States. It

shall thereupon be unlawful for the vessel to depart.

(b) Whoever, in violation of this section, takes or attempts to

take, or authorizes the taking of any such vessel, out of port or

from the United States, shall be fined under this title or

imprisoned not more than ten years, or both.

In addition, such vessel, her tackle, apparel, furniture,

equipment, and her cargo shall be forfeited to the United States.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 747; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 35, 36 (June 15, 1917,

ch. 30, title V, Sec. 5, 6, 40 Stat. 222; Mar. 28, 1940, ch. 72,

Sec. 5, 54 Stat. 79).

Section consolidates said sections of title 18, U.S.C., 1940 ed.

Mandatory punishment provision was rephrased in the alternative.

The phrase ''by the head of the department or agency charged with

the administration of laws relating to clearance of vessels,'' was

substituted for ''by the Secretary of Commerce'' in view of

Executive Order No. 9083 (F.R. 1609) transferring functions to the

Commissioner of Customs.