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1 late section 112, 1116, or 1201 by killing, kidnapping, or 2 assaulting a foreign official, official guest, or internationally 3 protected person shall be fined not more than $5,000 or 4 imprisoned not more than five years, or both, except that 5 imprisonment for a threatened assault shall not exceed three

6 years.

7 “(b) Whoever in connection with any violation of sub8 section (a) or actual violation of section 112, 1116, or 1201 9 makes any extortionate demand shall be fined not more than 10 $20,000 or imprisoned not more than twenty years, or both. 11 “(c) For the purpose of this section “foreign official, 12 'internationally protected person', and 'official guest shall 13 have the same meanings as those provided in section

14 1116 (a) of this title.

15 “ (d) If the victim of an offense under subsection (a) 16 is an internationally protected person, the United States may 17 exercise jurisdiction over the offense if the alleged offender 18 is present within the United States, irrespective of the place 19 where the offense was committed or the nationality of the 20 victim or the alleged offender. As used in this subsection, 21 the United States includes all areas under the jurisdiction of 22 the United States including any of the places within the pro23 visions of sections 5 and 7 of this title and section 101 (34) 24 of the Federal Aviation Act of 1958, as amended (49

23 U.S.C. 1301 (34)).".

76-802 0 - 76 - 6

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SEC. 9. The analysis of chapter 41 of title 18, United 2 States Code, is amended by inserting at the end thereof the 3 following new item:

“878. Threat and extortion against foreign officials, official guests, and

internationally protected persons.".

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SEC. 10. Nothing contained in this Act shall be con

5 strude to indicate an intent on the part of Congress to occupy

6 the field in which its provisions operate to the exclusion of 7 the laws of any State, Commonwealth, territory, possession, 8 or the District of Columbia, on the saine subject matter, nor

9 to relieve any person of any obligation imposed by any law 10 of any State, Commonwealth, territory, possession, or the 11 District of Columbia, including the obligation of all persons 12 having official law enforcement powers to take appropriate 13 action, such as effecting arrests, for Federal as well as non

14 Federal violations.

15

SEC. 11. Section 11 of title 18, United States Code, is

16 amended by inserting after the word "title” the words "ex

17 cept in sections 112, 878, 970, 1116, and 1201”.

94TH CONGRESS HOUSE OF REPRESENTATIVES

2d Session

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REPORT No. 94-1614

IMPLEMENTING INTERNATIONAL CONVENTIONS

AGAINST TERRORISM

SEPTEMBER 18, 1976.—Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

Mr. HUNGATE, from the Committee on the Judiciary,

submitted the following

REPORT

together with

DISSENTING VIEWS

[To accompany H.R. 15552]

The Committee on the Judiciary, to whom was referred the bill (H.R. 15552) to amend title 18, United States Code, to implement the Convention To Prevent and Punish the Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion That Are of International Significance and the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE The purpose of the legislation is to implement the “Convention to Prevent and Punish the Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion That Are of International Significance" and the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents.”

BACKGROUND Both the Organization of American States and the United Nations have begun concerted international efforts to deal with terrorist acts directed at diplomats. The OAS has drafted the “Convention Te Prevent and Punish the Acts of Terrorism Taking the Form of Crim Against Persons and Related Extortion that are of International S

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nificance” (known as the OAS Convention), and the U.N. has drafted the “Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons" (known as the U.N. Convention). These Conventions are based upon a recognition that criminal acts directed at diplomatic agents seriously threaten the maintenance of normal international relations.

The United States has signed both Conventions—the OAS Convention on February 2, 1971, and the U.N. Convention on December 28, 1973. The Senate has given its advice and consent to the ratification of both Conventions the OAS Convention on June 12, 1972, and the U.N. Convention on October 28, 1975.1 The United States will become a party to each Convention upon deposit of an instrument of ratification with the appropriate international agency. Treaty Obligations

The OAS and U.N. Conventions seek to safeguard "internationally protected persons” from certain crimes. "Internationally protected persons" include:

(a) a Head of State, including any member of a collegial body performing the functions of a Head of State under the constitution of the State concerned, a Head of Government or a Minister for Foreign Affairs, whenever any such person is in a foreign State, as well as members of his family who accompany him;

(b) any representative or official of a State or any official or other agent of an international organization of an intergovernmental character who, at the time when and in the place where a crime against him, his official premises, his private accommodation or his means of transport is committed, is entitled pursuant to international law to special protection from any attack on his person, freedom or dignity, as well as members of his family

forming part of his household.2 The crimes from which these Conventions seek to protect such persons include murder, kidnapping and assault; threats or attempts to commit murder, kidnapping or assault; and extortion in connection with murder, kidnapping, or assault.

Both Conventions obligate a party to them to take certain action when it finds within its territory someone who has committed one of the enumerated offenses against an internationally protected person. The party must either extradite the offender to another party or try him under its own criminal laws. For example, country A is a party to the Conventions. A citizen of country A kills the American Ambassador to his country. The offender then flees from country A to the United States, where he is apprehended. If the United States were a party to the Conventions, it would be obligated either to extradite the offender to country A or to try him under United States law. The United States would have unrestricted discretion to decide which course of action to take.

Both Conventions, therefore, may result in the United States exercising extraterritorial criminal jurisdiction. This would occur in

1 See Senate Executive Report No. 92–93; Senate Executive Report No. 94-10. ? U.N. Convention Art. 1, in Executive Document L, 93d Cong., 2d Session, at 1 (1974). 3 See S. Swigert, "Extraterritorial Jurisdiction-Criminal Law," 13 Harvard International Law Journal 346 (1972).

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the above example if the United States were to choose to try the citizen of country A for the crime of murder, since the offense occurred within the territory of another country. Extraterritorial criminal jurisdiction was authorized last Congress in Public Law 93–366, which deals with aircraft hijacking.* Need for Legislation

Even though the Senate has given its advice and consent to ratify both Conventions, the instruments of ratification have not been deposited and the United States is not yet a party to either. It is the policy of the State Department not to deposit an instrument of ratification unless it is assured that federal law will permit the United States fully to discharge its treaty obligations. Unless this legislation is enacted, the United States would not be able fully to discharge its obligations under the Conventions.

The OAS Convention is presently in force, and the State Department expects the U.N. Convention to enter into force very shortly (only 6 more ratifications are needed). It is in the best interests of the United States to become a party to both. This legislation, if enacted, will permit the United States to deposit the instruments of ratification for both treaties and become a party to them.

• The Legal Adviser of the Department of State, in a statement submitted to the Committee, concluded that “there is clear Constitutional authority for Congress to exercise, in certain circumstances, extraterritorial jurisdiction over the offenses designated under these Conventions."

Statement of Monroe Leigh, Legal Adviser, Department of State.

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