1618
Definitions18 U.S.C. §§ 112, 878,
970, 1116, 1117 and 1201
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The definitions of the protected persons covered by these statutes
are common to each of them. See 18 U.S.C. §§ 112(c);
878(c); 1201(a)(4). They are contained in 18 U.S.C. § 1116(b) and
include the following:
- Foreign Official -- the phrase "Foreign official" (18 U.S.C.
§ 1116(b)(3)(A)) includes two distinct categories. In the first
group are heads of state (Chief of State or political equivalent,
President, Vice President, Prime Minister), foreign ministers,
ambassadors, and other officers of cabinet rank or above of a foreign
government, chief executive officers of international organizations,
persons who have formerly served in such capacities, and members of
their families. "Political equivalent" refers to the top official of a
country, who in some instances may not be a country's formally
designated "Chief of State." H.R. Rep. No. 1268, 92d Cong., 2d Sess. 8
(1972). The added clause "while in the United States" serves as a
territorial limitation (see 18 U.S.C. § 5) as to all of the
violations directed against this category of persons, but the purpose of
the victim's presence is immaterial. As indicated in H.R. Rep. No. 1268,
supra, at 2: ". . . the term ŝofficer of cabinet rank or above'
is intended to include, without being limited to, a member of the
government of any nation who is the head of an executive department, the
presiding officer of a nation's legislative body, or member of a
nation's highest judicial tribunal."
- The second category of foreign officials (18 U.S.C.
§ 1116(b)(3)(B))
is persons of foreign nationality who are duly notified to the United
States as officers or employees of a foreign government or international
organization but only if the person's presence in the United States is
attributable to official business. Procedures for foreign governments to
make "notification" to the United States, as well as for "designation"
as an official guest, have been published in 22 C.F.R. § 2.3 (1995
Rev). To obtain information whether a person has been "duly notified" or
received "designation", contact the Office of the Chief of Protocol,
Department of State, Washington, D.C. 20520 (202) 647-4543. As proof of
status that office will furnish on request a certificate in proper form
admissible in evidence under Federal Rule of Evidence 902(1). "The
category of officers and employees of foreign governments includes those
at embassies and consulates, those at missions of their governments to
international organizations, and those at trade or commercial offices of
foreign government." H.R. Rep. No. 1268, supra, at 2, 8, 11. The
definition also includes any member of the family of a foreign official
in this second category, but unlike the first category, a family
member's presence in the United States must be in connection with the
presence in the United States of the related foreign official.
- Foreign Government -- 18 U.S.C. § 1116(b)(2) defines the
term "foreign government." In contrast to 18 U.S.C.§ 11, it contains
no limitation relating to countries "with which the United States is at
peace" and excludes from that term "a faction or body of insurgents
within a country." As in 18 U.S.C. § 11, recognition by the United
States is not a factor in defining such a nation.
- International Organization --Reference in 18 U.S.C. §
1116(b)(5) to section 1 of the International Organization Immunities Act
(22 U.S.C. § 288) serves in the definition of "international
organizations" to provide a specific list of such organizations. The
list appears in the note following 22 U.S.C. § 288. It currently
includes organizations whose activities are well known,
e.g., the United Nations, as well as a number of
relatively obscure organizations involved in rather esoteric activity
such as the Coffee Study Group. United States Attorneys may check for
last minute changes and obtain the Federal Register citation to any new
Executive orders by inquiry of the Bureau of International Organization
Affairs, Department of State.
- Family -- 18 U.S.C. § 1116(b)(1) defines the term
"family" to include spouse, parent, brother or sister, child or person
to whom a "foreign official" or "internationally protected person"
stands in loco parentis and any other person living in his/her household
and related to him/her by blood or marriage. Although the definition
excludes the families of "official guests," where appropriate, family
members may be designated "official guests" in their own right. Such
designations often occur during major sporting events taking place in
the United States, e.g., the 1996 Summer Olympics in
Atlanta, Georgia.
- Official Guest -- 18 U.S.C. § 1116(b)(6) defines the phrase
"official guest" as 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.
The procedure for designating "official guests" is contained at 22
C.F.R. § 2.4 (1995 Rev.). As with notification, the Chief of
Protocol of the Department of State (202) 647-4543 is the source of
certificates of designation.
- Internationally Protected Person (IPP) -- the definition of
"internationally protected person (IPP)" is meant to parallel that found
in the UN IPP Convention definition of "internationally protected
person." See H.R. Rep. No. 1614, 94th Cong., 2d Sess. 2 (1976),
reprinted in 1976 U.S. Code Cong. and Adm. News 4480, 4481. It
includes:
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;
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 attack on his person,
freedom, or dignity, as well as members of his family forming part of
his household * * * . Individuals entitled to diplomatic protection
under international law are further delineated by Article 1 of the
Vienna Convention on Diplomatic Relations, 23 U.S.T. 3227, T.I.A.S. 7502
(entered into force, Apr. 24,1964); and Article 1 of the Vienna
Convention on Consular Relations, 21 U.S.T. 78. See United
States v. Marcano Garcia, 456 F. Supp. 1358, 1360 (D.P.R. 1978)
(relying upon Vienna Convention on Consular Relations to further define
IPP). As with the earlier definitions, the Chief of Protocol of the
Department of State ((202) 647-4543) can provide information whether a
particular person qualifies as an Internationally Protected Person.
- The term "internationally protected person" overlaps significantly
with the term "foreign official." The former term, however, is required
to define precisely those persons entitled to protection under the
extraterritorial jurisdiction provisions of the statutes.
[cited in USAM 9-65.800] | |