c. Agents of Foreign Governments

Title 18, United States Code.1 * * *

§ 951. Agents of foreign governments

(a) Whoever, other than a diplomatic or consular officer or attaché, 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 not more than $75,000 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 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 employer 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) 2 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 the Soviet Union, the German Democratic Republic, Hungary, Czechoslovakia, Poland, Bulgaria, Romania, or Cuba, unless the Attorney General, after consultation with the Secretary of State, determines and

1 Sec. 951 was enacted as part of Public Law 80-772 (62 Stat. 743).

2 Subsec. (e) was added by sec. 703 of Public Law 99-569 (100 Stat. 3205).

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

3

(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 114 of the Export Administration Act of 1979, except that the provisions of the 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.

3 18 U.S.C. 792-799. 450 U.S.C. app. 2410.

6. Neutrality Act and Related Material

a. Neutrality Act of 1939, as amended

Public Resolution 76-54 [H.J. Res. 306], 54 Stat. 4, approved November 4, 1939; as amended by Public Resolution 76-87 [S.J. Res. 279], 54 Stat. 611, approved June 26, 1940; Public Law 76-776 [H.R. 10213], 54 Stat. 866, approved August 27, 1940; Public Law 77-294 [H.J. Res. 237], 55 Stat. 764, approved November 17, 1941; Public Law 77-459 [S.J. Res. 133], 56 Stat. 95, approved February 21, 1942; Presidential Proclamation 2695, 11 F.R. 7517, 60 Stat. 1352, approved July 4, 1946; and by Public Law 83-665 [Mutual Security Act of 1954; H.R. 9678], 68 Stat. 861, approved August 26, 1954

JOINT RESOLUTION To preserve the neutrality and the peace of the United States and to secure the safety of its citizens and their interests. Whereas the United States, desiring to preserve its neutrality in wars between foreign states and desiring also to avoid involvement therein, voluntarily imposes upon its nationals by domestic legislation the restrictions set out in this joint resolution; and Whereas by so doing the United States waives none of its own rights or privileges, or those of any of its nationals, under international law, and expressly reserves all the rights and privileges to which it and its nationals are entitled under the law of nations; and

Whereas the United States hereby expressly reserves the right to repeal, change or modify this joint resolution or any other domestic legislation in the interests of the peace, security or welfare of the United States and its people: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

PROCLAMATION OF A STATE OF WAR BETWEEN FOREIGN STATES

Section 1.1 (a) That whenever the President, or the Congress by concurrent resolution, shall find that there exists a state of war between foreign states, and that it is necessary to promote the security or preserve the peace of the United States or to protect the lives of citizens of the United States, the President shall issue a proclamation naming the states involved; and he shall, from time to time, by proclamation, name other states as and when they may become involved in the war.

(b) Whenever the state of war which shall have caused the President to issue any proclamation under the authority of this section shall have ceased to exist with respect to any state named in such proclamation, he shall revoke such proclamation with respect to such state.

Sec. 2.2 * * * [Repealed-1941]

1 22 U.S.C. 441.

2 Sec. 2, which concerned commerce with states engaged in armed conflict, was repealed by Public Law 77-294 (55 Stat. 764).

Sec. 4.4 (a) The provisions of section 2(a) 2 shall not prohibit the transportation by vessels, unarmed and not under convoy, under charter or other direction and control of the American Red Cross of officers and American Red Cross personnel, medical personnel, and medical supplies, food, and clothing, for the relief of human suffering: Provided, That where permission has not been given by the blockading power, no American Red Cross vessel shall enter a port where a blockade by aircraft, surface vessel, or submarine is being attempted through the destruction of vessels, or into a port of any country where such blockade of the whole country is being so attempted: Provided further, That such American Red Cross vessel shall be on a mission of mercy only and carrying only Red Cross materials and personnel.

(b) 5 The provisions of sections 2(a) 2 and 33 shall not prohibit a vessel, in ballast, unarmed, and not under convoy, and transporting refugee children, under sixteen years of age, from war zones, or combat areas, and shall not prohibit such vessel entering into such war zones or combat areas for this purpose, together with such necessary American citizen adult personnel in charge as may be approved by the Secretary of State, subject to the provisions of the immigration laws, if such vessel is proceeding under safe conduct granted by all of the states named in the proclamations issued under the authority of section 1(a), and if such vessel has painted on a large scale prominently, distinctly, and unmistakably on each side thereof and upon the superstructure thereof plainly visible from the air and American flag and a statement to the effect that such vessel is a refugee-child rescue ship of the United States or under United States registry: Provided, That every such child so brought into the United States shall, previous to departure from the port of embarkation, have been so sponsored by some responsible American person, natural or corporate, that he will not become a public charge.

TRAVEL ON VESSELS OF BELLIGERENT STATES

Sec. 5.6 (a) Whenever the President shall have issued a proclamation under the authority of section 1(a) it shall thereafter be unlawful for any citizen of the United States to travel on any vessel of any state named in such proclamation, except in accordance with such rules and regulations as may be prescribed.

(b) Whenever any proclamation issued under the authority of section 1(a) shall have been revoked with respect to any state the provisions of this section shall thereupon cease to apply with respect to such state, except as to offenses committed prior to such revocation.

3 Sec. 3, which related to combat areas, was repealed by Public Law 77-294 (55 Stat. 764). 422 U.S.C. 444. The first paragraph of sec. 4 was amended and restated by Public Resolution 76-87 (54 Stat. 611).

5 Subsec. (b) was added by Public Law 76-776 (54 Stat. 866).

6 22 U.S.C. 445.