c. Extending Diplomatic Privileges to the Mission of the Public Law 92-499 [S. 2700], 86 Stat. 815, approved October 18, 1972 AN ACT To extend diplomatic privileges and immunities to the Mission to the United States of America of the Commission of the European Communities and to members thereof. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, under such terms and conditions as he shall determine and consonant with the purposes of this Act, the President is authorized to extend, or to enter into an agreement extending, to the Mission to the United States of America of the Commission of the European Communities, and to members thereof, the same privileges and immunities subject to corresponding conditions and obligations as are enjoyed by diplomatic missions accredited to the United States and by members thereof. d. Act for the Protection of Foreign Officials and Official Guests of the United States 1 Public Law 92–539 [H.R. 15883], 86 Stat. 1070, approved October 24, 1972 AN ACT To amend title 18, United States Code, to provide for expanded protection of foreign officials, and for other purposes. STATEMENT OF FINDINGS AND DECLARATION OF POLICY Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Act for the Protection of Foreign Officials and Official Guests of the United States". Sec. 2. The Congress recognizes that from the beginning of our history as a nation, the police power to investigate, prosecute, and punish common crimes such as murder, kidnaping, and assault has resided in the several States, and that such power should remain with the States. The Congress finds, however, that harassment, intimidation, obstruction, coercion, and acts of violence committed against foreign officials or their family members in the United States or against official guests of the United States adversely affect the foreign relations of the United States. Accordingly, this legislation is intended to afford the United States jurisdiction concurrent with that of the several States to proceed against those who by such acts interfere with its conduct of foreign affairs. TITLE I-MURDER OR MANSLAUGHTER OF FOREIGN OFFICIALS AND OFFICIAL GUESTS Sec. 101. Chapter 51 of title 18, United States Code, is amended by adding at the end thereof the following new sections: "§ 1116.2 Murder or manslaughter of foreign officials, official guests, or internationally protected persons "(a) Whoever kills or attempts to kill a foreign official, official guest, or internationally protected person shall be punished as provided under sections 1111, 1112, and 1113 of this title, except that any such person who if found guilty of murder in the first degree shall be sentenced to imprisonment for life, and any such person 1 While this act itself has never been amended, the various sections of ch. 51 of title 18, U.S.C. contained herein were substantially amended by the Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons (Public Law 94-467; 90 Stat. 1997). These amendments have been incorporated in the text found in this Act. See also sec. 878 of chapter 41 of title 18, U.S.C., which concerns threats and extortion against foreign officials, official guests, or internationally protected persons (page 990 of text). 2 Sec. 1116, as added by this act restated by sec. 2 of Public Law 94-467. who is found guilty of attempted murder shall be imprisoned for not more than twenty years. "(b) For the purposes of this section: "(1) 'Family includes (a) a spouse, parent, brother or sister, child, or person to whom the foreign official of internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign official or internationally protected person by blood or marriage. "(2) 'Foreign government' means the government of a foreign country, irrespective of recognition by the United States. "(3) Foreign official' means "(A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and "(B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee. "(4) 'Internationally protected person' means "(A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or "(B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household. "(5) International organization' means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288) or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs.3 "(6) 'Official guest' means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State. "(c) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was com ith "or a public organization created pursuant to mitted or the nationality of the victim or the alleged offender. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38)). "(d) In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.". "§ 1117. Conspiracy to murder "If two or more persons conspire to violate section 1111, 1114, or 1116 of this title, and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life." Sec. 102. The analysis of chapter 51 of title 18, United States Code, is amended by adding at the end thereof the following new items: "1116. Murder or manslaughter of foreign officials, official guests, or internationally protected persons." 4 "1117. Conspiracy to murder." TITLE II-KIDNAPING Sec. 201. Section 1201 of title 18, United States Code, is amended to read as follows: "§ 1201. Kidnaping "(a) Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when: "(1) the person is willfully transported in interstate or foreign commerce; "(2) any such act against the persons is done within the special maritime and territorial jurisdiction of the United States; “(3) any such act against the person is done within the special aircraft jurisdiction of the United States as defined in section 101(36) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(32)); or "(4) 5 the person is a foreign official, an internationally protected person, or an official guest as those terms are defined in section 1116(b) of this title,"; and "(b) With respect to subsection (a)(1), above, the failure to release the victim within twenty-four hours after he shall have been unlawfully seized, confined, inveigled, decoyed, kidnaped, abducted, or * The words "internationally protected persons" were added to this analysis by sec. 3 of Public Law 94-467. 5 Par. (4) was amended and restated by sec. 4(a) of Public Law 94-467. carried away shall create a rebuttable presumption that such person has been transported in interstate or foreign commerce. "(c) If two or more persons conspire to violate this section and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life." 6 "(d) Whoever attempts to violate subsection (a)(4) shall be punished by imprisonment for not more than twenty years. "(e) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of section 5 and 7 of this title and section 101(38) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(34)). "(f) 5 In the course of enforcement of subsection (a)(4) and any other sections prohibiting a conspiracy or attempt to violate subsection (a)(4), the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.". Sec. 202. The analysis of chapter 55 of title 18, United States Code, is amended by deleting "1201. Transportation.", and substituting the following: "1201. Kidnaping." TITLE III-PROTECTION OF FOREIGN OFFICIALS AND Sec. 301. Section 112 of title 18, United States Code, is amended to read as follows: "§ 112.7 Protection of foreign officials, official guests, and internationally protected persons "(a) Whoever assaults, strikes, wounds, imprisons, or offers violence to a foreign official, official guest, or internationally protected person or makes any other violent attack upon the person or liberty of such person, or, if likely to endanger his person or liberty, makes a violent attack upon his official premises, private accommodation, or means of transport or attempts to commit any of the foregoing shall be fined not more than $5,000 or imprisoned not more than three years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon shall be fined not more than $10,000 or imprisoned not more than ten years, or both. "(b) Whoever willfully Subseen (d), (e), and (f) were added by sec. 4(b) of Public Law 94-467. |