TITLE I - ACTS OF TERRORISM

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP95B00895R000300050021-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 82
• Document Creation Date: December 21, 2016
• Document Release Date: November 7, 2008
• Sequence Number: 21
• Publication Date: September 23, 1971
• Content Type: REPORT

IL-S. Decartment of Justice
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5 RAFT
?- Ottmce 01 Legisiau1,, Ia,ja
Washington. D.C. 20530
The Speaker
House of Representatives
Washington, D.C. 20515
Dear Mr. Speaker:
Attached for your consideration and appropriate reference is
a draft bill to deal with the problem of criminal terrorism. A
section-by-section analysis is also enclosed.
The bill generally tightens existing criminal sanctions
against acts frequently committed by terrorists and fills several
gaps in the present law that have come to our attention in recent
years. It also serves to carry out our obligations mandated by
two treaties designed to combat terrorism, The Convention for the
Suppression of Unlawful Acts Against the Safety of Civil Aviation
(24 U.S.T. 567), signed at Montreal on September 23, 1971, and
ratified by the United States in November of 1972; and The
International Convention Against the Taking of Hostages, adopted
by the United Nations General Assembly on December 17, 1979 (18
International Legal Materials 1456). Aircraft hijacking and
sabotage and the taking of hostages are among the most dangerous
of all terrorist acts. Finally, the bill contains a provision
for the payment of rewards to those persons who provide informa-
tion, often at great personal risk, concerning an act of
terrorism or which prevents such an act.
The bill is divided into five titles. Title I would make it
a crime to conspire in the United States to kill or commit a
crime of violence against an official of a foreign power outside
of the United States. The title also slightly expands and brings
up-to-date existing provisions prohibiting a conspiracy in the
United States to destroy important types of property such as
airports and factories in foreign countries.
Title II is closely patterned after S. 2255 and H.R. 5211
introduced in the 97th Congress. It is designed to prevent
persons in the United States from providing technology and
training to foreign governments that support terrorism and to
international terrorist groups. The provision of such services
by United States nationals overseas is also covered. The title
also creates a new offense of falsely posing as a person employed
by or working with a United States intelligence agency such as
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
the CIA and in that capacity inducing another person to commit a
crime due to a belief that the offense was part of an authorized
L intelligence activity.
Title III provides for the payment of rewards for persons
who furnish information about specific acts of terrorism. It is
patterned after a similar reward provision for persons who relate
information concerning the unauthorized acquisition or manufac-
ture of nuclear materials, 50 U.S.C. 47a-47f, and authorizes the
Attorney General to-determine when persons are eligible for a
reward.
Title IV of the bill is designed to implement the provisions
of The Montreal Convention for the Suppression of Unlawful Acts
Against the Safety of Civil Aviation, a copy of which is attached
for easy reference. The Convention sets out the responsibilities
of the signatory countries in responding to such common terrorist
activities as aircraft hijacking and aircraft sabotage. This
title fulfills our obligation, which we accepted by ratifying the
treaty over a decade ago, to establish criminal jurisdiction over
certain aircraft related offenses including extraterritorial
jurisdiction over some offenses involving aircraft or air
navigation facilities of other contracting countries if the
perpetrator is found within our borders.
Title V is intended to implement the International Conven-
tion Against the Taking of Hostages, a copy of which is attached.
This Convention was transmitted to the Senate on August 4, 1980,
and is awaiting ratification. When it is ratified, the United
States will incur an obligation to enact laws to provide sanc-
tions against those persons who commit the offense of hostage-
taking, a common tactic of terrorists in which a person is
kidnaped and a threat is made to kill, to injure, or to continue
to hold him to compel action on the part of a third party or
government. This title makes appropriate modifications in the
federal kidnaping statute to carry out this responsibility.
The draft bill we are submitting is designed to facilitate
the carrying out by the federal government of its responsibility
to prevent acts of terrorism and to deal appropriately with the
perpetrators of those acts of terrorism that do occur. I urge
that this proposal be given prompt and favorable consideration.
The Office of Management and Budget has advised that there
is no objection to the submission of this proposal from the
standpoint of the Administration.
Sincerely,
Robert A. McConnell
Assistant Attorney General
Office of Legislative Affairs
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
TITLE I - ACTS OF TERRORISM
Sec. 101. (a) Chapter 45 of title 18, United States Code
is amended by adding at the end thereof the following new
section:
"971. Conspiracy to kill, kidnap, or injure a foreign official
"(a) Whoever within the jurisdiction of the United States
conspires with one or more persons to commit at any place
outside of the United States an act that would constitute any of
the following offenses if committed in the special maritime and
territorial jurisdiction of the United States namely,
"(1) Murder
"(2) Kidnaping
"(3) Maiming
"(4) Assault with a dangerous weapon, or
"(5) Assault with intent to commit serious bodily
injury,
involving a victim who is an official of a foreign power with
which the United States is not at war, shall, if he or one of
such other persons in fact commits any overt act with intent to
effect any object of the conspiracy, be punished as follows --
"(A) for murder or kidnaping by imprisonment for
any term of years or for life or a fine of not more
than $250,000 or both;
"(B) for maiming by imprisonment for not more
than thirty years or a fine of not more than $150,000,
or both;
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
2 -
"(C) For assault with a dangerous weapon or
assault with intent to commit serious bodily injury by
imprisonment for not more than twenty years or a fine
or not more than $100,000, or both
"(b) For purposes of this section
"(1) the term 'official of a foreign power'
means 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, then
forming part of his household; and
"(2) 'international organization' means a public
international organization designated as such pursuant to
section one of the International Organizations Immunities
Act (22 U.S.C. 288)."
"(b) the analysis of chapter 45 of title 18, United States
Code, is amended by adding at the end thereof the following new
item:
'971. Conspiracy to kill, kidnap, or injure a foreign
official.".
Sec. 102. Subsection (a) of section 956 of title 18 is
amended to read as follows:
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
3 -
"(a) Whoever within the jurisdiction of the United States
conspires with one or more persons 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 not at war, or any railroad, canal,
bridge, airport, airfield or other public utility or public
structure so situated, shall, if he or any such other person
commits any act to effect the object of the conspiracy, be fined
not more than $50,000 or imprisoned not more than ten years, or
both."
TITLE II - TRAINING, SUPPORTING AND INDUCING OF TERRORISM
Sec. 201. (a) Chapter 45 of title 18, United States Code,
I is amended by adding at the end thereof the following new
section:
"972. Military and intelligence assistance to certain foreign
governments, factions, and international terrorist groups
"(a) Except as provided in subsections (h) and (i), it
shall be unlawful for any national of the United States, any
permanent resident alien of the United States, or any United
States business entity to willfully perform or attempt to perform
any of the following acts:
"(1) serve in, or act in concert with, the armed
forces or any intelligence agency of any foreign government,
faction, or international terrorist group which is named in a
proclamation in effect under subsection (d);
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 4 -
"(2) provide training in any capacity to the armed
forces, any intelligence agency, or their agents of any
foreign government, faction, or international terrorist group
named in a proclamation in effect under subsection
(d);
"(3) provide any logistical, mechanical, maintenance,
or similar support services to the armed forces, any
intelligence agency, or their agents of any foreign
government, faction, or international terrorist group named
in a proclamation in effect under subsection (d); or
"(4) recruit or solicit any person to engage in any
activity described in subparagraphs (1) through (3) of this
paragraph.
There is extraterritorial jurisdiction over a violation of this
subsection.
"(b) It shall be unlawful for any person or entity within
the boundaries of the United States, its territories or
possessions, to willfully perform or attempt to perform any of
the following acts:
"(1) provide training in any capacity to the armed
forces, any intelligence agency, or their agents of any
foreign government, faction, or international terrorist
group named in a proclamation in effect under subsection
(d);
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
r j
- 5 -
"(2) provide any logistical, mechanical, maintenance,
or similar support services to the armed forces, any
intelligence agency, or their agents of any foreign
government, faction, or international terrorist group named
in a proclamation in effect under subsection (d); or
"(3) recruit or solicit any person to engage in any
activity described in subparagraphs (1) or (2) of this
paragraph.
"(c) Whoever violates this section shall be fined not
more than five times the total compensation received for such
violation, or $25,000, whichever is greater, or imprisoned for
not more than ten years, or both, for each such offense.
"(d) Whenever the President finds that the act's or likely
acts of international terrorism of a foreign government, faction,
or international terrorist group are such that the national
security, foreign relations, or the physical security of the
person or property of a private entity of the United States
warrant a ban on the foreign government's, faction's or inter-
national terrorist group's receipt of services or other assist-
ance in support of such acts as described in subsections (a) or
(b), he may issue a proclamation naming such foreign government,
faction, or international terrorist group for which such finding
has been made. If the President finds that the conditions which
were the basis for any proclamation issued under this section
have ceased to exist, he may revoke such proclamation in whole or
in part. Any such revocation shall not affect any action or
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
-?6 -
proceeding based on any act committed prior to the effective date
of such proclamation. Any proclamation or revocation thereof
issued pursuant to this section shall be published in the Federal
Register and shall become effective immediately on publication.
"(e) For the purposes of this section, any finding of
fact made in any proclamation issued pursuant to subsection (d)
shall be conclusive. No question concerning the validity of
the issuance of such proclamation may be raised by a defendant as
a defense in or as an objection to any trial or hearing if such
proclamation was issued and published in the Federal Register in
accordance with subsection (d).
"(f) An affirmative defense shall exist with respect to any
act committed outside of the United States within thirty days
after the effective date of any proclamation affecting such
person if the act was performed pursuant to an agreement or
contract entered into prior to the effective date of the
proclamation.
"(g)(1) Whoever has been convicted of a violation of this
section, in addition to any other penalty prescribed by this
section, shall forfeit to the United States --
"(A) any property constituting, or derived from,
any proceeds he obtained, directly or indirectly, as a
result of such violation; and
"(B) any of his property used, or intended to be
used, to commit, or to facilitate the commission of,
such violation.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 7
"(2) The procedures in any criminal forfeiture under
this section, and the duties and authority of the courts of
the United States and the Attorney General with respect to
any criminal forfeiture action under this section or with
respect to any property that may be subject to forfeiture
under this section, are to be governed by the provisions of
section 1963 of this title.
+"(h) This section shall not be construed to prohibit the
provision of medical services
or medical training for
humanitarian purposes, or the recruitment or solicitation
thereof.
't(i) Nothing in this section shall be contrued to create
criminal liability for the conduct of United States intelligence
activities which are properly authorized and conducted in
accordance with federal statutes and Executive orders governing
such activities.
"(i) for the purposes of this section--
"(1) the term 'foreign government' has the meaning
given it in section 1116(b) (2) of this title;
11(2) the term 'armed forces' includes any regular,
irregular, paramilitary, guerrilla, or police force;
"(3) the term 'faction' includes any political party,
body of insurgents, or other group which seeks to overthrow
the government of, become the government of, or otherwise
assert control over or influence any foreign country or
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
territory, possession, department, district, province, or
other political subdivision of any such foreign country
through the threat or use of force of arms:
"(4) the term 'group' means an association of persons,
whether or not a legal entity;
"(5) the term 'international terrorist group' means a
group which engages in international terrorism;
"(6) the tern, 'international terrorism' has the
meaning given to it in section 101(c) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(c));
"(7) the term 'intelligence agency' means any entity
which engages in the collection, analysis, or dissemination
of information concerning the activities, capabilities,
plan or intention of governments, organization, or persons,
in whole or in part by covert means;
"(b) the term 'United States business entity' means
any sole proprietorship, partnership, company, or
association composed in whole or in part of nationals or
permanent resident aliens of the United States or any
corporation organized under the laws of the United States,
any State, the District of Columbia, or any territory or
possession of the United States,"
"(9) the term 'national of the United States' has the
meaning given to it in sectioh 101(a)(22) of the Immigration
and Nationality Act [8 U.S.C. 1101(a)(22)];
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 9 -
"(10) the term 'permanent resident alien of the United
States' means an alien lawfully admitted for permanent
residence in the United States as defined in Section
101(a)(20) of the Immigration and Nationality Act
[8 U.S.C.1101(a)(20)3; and
"(11) the term 'private entity of the United States'
"(A) an individual who is
"(i) a national of the United States; or
"(ii) a permanent resident alien of the
United States;
"(B) an employee or contractor of the United
States Government, regardless of nationality, who is
the victim or intended victim of an act of terrorism
by virtue of that employment;
"(C) a sole proprietorship, partnership, company
or association composed in whole or in port of nation-
als or permanent resident aliens of the United States;
"(D) a corporation organized under the laws
of the United States, any State, the District of
Columbia, or any territory or possession of the United
States and any foreign subsidiary of such corpora-
tion.".
(b) The analysis of chapter 45 of title 18, United States
Code, is amended by adding at the end thereof the following new
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
"972. Military and intelligence assistance to certain foreign
governments, factions, and international terrorist groups.".
(c) Section 3236 of title 18, United States Code, is amended
by --
(1) striking out "The" and inserting in lieu thereof
"(a) Except as provided in subsection (b), the "; and
(2) adding at the end the following new subsection:
"(b) The trial of any offense under section 972 of
this title which is committed out of the jurisdiction of
any particular State or district may be in any district.
Nothing contained in this subsection may be construed,to
restrict any right of a defendant under any rule in effect
under section 3771 of this title.".
(d) 5. Section 11 of title 18 is amended by inserting
"972", after "sections 112, 878, 970,".
SEC. 202. (a) Chapter 43 of title 18, United States Code, is
amended by adding at the end thereof the following new section:
918. Agents of the United States Intelligence Community
"(a) Whoever pretends to be an officer or employee of, or
pretends to be acting under the authority of or in concert with,
an agency within the United States Intelligence Community and in
such pretended character requests or induces any other person to
commit an offense punishable by imprisonment for one year or more
under the laws of the United States, a State of the United
States, a foreign government or a political subdivision of a
foreign government, or to do an overt act to facilitate the
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
commission of any such offense shall be punished by imprisonment
for not more than ten years or a fine of not more than $50,000,
or both.
"(b) It is not a defense to a prosecution under this
section that
"(1) the offense or act requested or induced did not
take place, or was not attempted, or
"(2) the agency in the United States Intelligence
Community lacked the authority to request or induce such an
act.
"(c) There is extraterritorial jurisdiction over an offense
under this section.
"(d) For the purposes of this section the agencies within
the United States Intelligence Community are:
"(1) The Central Intelligence Agency
"(2) The National Security Agency
"(3) The Defense Intelligence Agency
"(4) The offices within the Department of Defense for
the collection of specialized national foreign intelligence
through reconnaissance programs
"(5) The Bureau of Intelligence and Research of the
Department of State, and
"(6) The Intelligence elements of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investiga-
tion, the Department of Treasury, and the Department of
Energy.".
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 12 -
(b) The analysis of chapter 43 of title 18, United States
Code, is amended by adding at the end thereof the following new
item:
"918 Agents of the United States Intelligence Community.".
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 F Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
~. t
13
TITLE III - REWARD FOR INFORMATION CONCERNING TERRORIST ACTS
Sec. 301. (a) Title 18 of the United States Code is
amended by adding the following new chapter:
"Chapter 204 - Rewards for Information
Concerning Terrorist Acts
"Sec. "3071. Information for which rewards authorized;
maximum, amount
ltation?
"Sec.
Presidential
"3073.
,3074?
"3075.
"3076.
"3077.
"3078
.
1 "Sec. 3071? Information which rewards authorized: maximum
for
F
amount
"Any individual who furnishes information of the following
types namely
"(a) Information leading to the arrest or conviction in any
country of any individual or individuals for the commission of an
act of terrorism against a United States person or United States
property.
3072. Determination of entitlement; consu
approval; conclusiveness.
Aliens; waiver of admission requirements.
Hearings; rules and regulations.
Certification; approval; payment; sealing.
Exception of governmental officials.
Eligibility for witness protection programs.
Definitions.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 14 -
"(b) Information leading to the arrest or conviction in any
country of any individual or individuals for conspiring or
attempting to commit an act of terrorism against a United States
person or United States property; or
"(c) Information leading to the prevention of an act of
terrorism against a Unites States person or Unitea States
property;
may be rewarded in an amount not to exceed $500,000.00
"3072. Determination of entitlement; consultation; Presidential
approval; conclusiveness;
"The Attorney General shall, after advising and consulting
with the Secretary of Defense, determine whether a person
furnishing information to the United States pursuant to section
3071 is entitled to a reward and the amount to be paid. Before
making a reward under this chapter in a matter involving inter-
national terrorism, the Attorney General shall also advise and
consult with the Secretary of State. A reward of $100,000 or
more may not be made without the approval of the President. A
determination made by the Attorney General or the President under
this chapter shall be final and conclusive and no court shall
have power or jurisdiction to review it.
r"3073. Alien; waiver of aamission requirements.
"If the information which would justify a reward under this
chapter is furnished by an alien, the Attorney General, after
consulting with the Secretary of State, may determine that the
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 15 -
entry of such alien into the United States is in the public
interest and, in that event, such alien and the members of his
immediate family may receive immigrant visas and may be admitted
to the United States for permanent residence, notwithstanding
the requirements of the Immigration and Nationality Act [8 U.S.C.
L 1101 et seq.]
"3074. Hearings; rules and regulations
"The Attorney General is authorized to hold such hearings
and make, promulgate, issue, rescind, and amend such rules and
regulations as may be necessary to carry out the purposes of
this chapter. The provisions of Subchapter II, chapter 5 of
title 5 United States Code, do not apply to this chapter.
"3075. Certification; approval; payment; sealing
"Any reward granted under this chapter shall be certified by
the Attorney General and transmitted to the Secretary of Defense
for payment out of funds appropriated for the operation of the
Department of Defense. If necessary to protect the life of the
recipient of a reward and of his immediate family, such portion
as is necessary of the materials transmitted to the Secretary
of Defense may be sealed by the Attorney General to protect the
recipient's identity.
"3076. Exception for governmental officials
"No officer or employee of any governmental entity who,
while in the performance of his official duties, furnishes the
information or renders the services described in section 3071
shall be eligible for any monetary reward under this Act.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 16 -
3077. Eligibility for witness protection programs
"Any individual who furnishes information which would
justify a reward under this chapter and his immediate family may,
in the discretion of the Attorney General, participate in the
Attorney General's witness protection program authorized under
Title V of the Organized Crime Control Act of 1570.
"3078. Definitions
"As used in this chapter the term -
"(a) 'Act of terrorism' means an activity that ---
"(1) involves a violent act or an act dangerous to
human life that is a violation of the criminal laws of the
United States or of any State, or that would be a criminal
violation if committed within the jurisdiction of the United
States or any State; and
"(2) appears to be intended ---
"(A) to intimidate or coerce a civilian
population;
"(B) to influence the policy of a government by
intimidation or coercion; or
"(C) to affect the conduct of a government by
assassination or kidnaping.
"(b) 'international terrorism' means an act of terrorism
which transcends national boundaries in terms of the means by
which it is accomplished, the person or entity it appears
intended to coerce or intimidate, or the locale in which the
perpetrator operates or seeks asylum.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 17 -
"(c) 'United States person' means -
"(1) a national of the United States as defined in
Section 101(a)(22) of the Immigration and Nationality Act
[8 U.S.C. 1101(a)(22)];
"(2) an alien lawfully admitted for permanent
residence in the United States as defined in Section
101(a)(20) of the Immigration and Nationality Act
[8 U.S.C. 1101 (a)(20];
"(3) any person within the United States;
"(4) any employee or contractor of the United States
Government, regardless of nationality, who is the victim or
intended victim of an act of terrorism by virtue of that
employment;
"(5) a sole proprietorship, partnership, company, or
association composed principally of nationals or permanent
resident aliens of the United States; and
"(6) a corporation organized under the laws of the
United States, any State, the District of Columbia, or any
territory or possession-of the United States and a foreign
subsidiary of such corporation.
"(d) 'United States property' means any real or personal
property which is within the United States or, if outside the
United States, the actual or beneficial ownership of which rests
in a United States person or any federal or State governmental
entity of the United States.
"(e) 'United States' _
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
I'
- 18 -
"(1) when used in a geographical sense, includes
Puerto Rico and all territories and possessions of the
United States; and
"(2) when used in the context of section 3073 shall
have the meeting given to it in the Immigration and
Nationality Act [8 U.S.C. 1101 et seq.].
"(f) 'State' includes any state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
other possession or territory of the United States.
"(g) 'government entity' includes the government of the
United States, any State or political subdivision thereof, any
foreign country, and any state, province, municipal or other
political subdivision of a foreign country.
"(h) 'Attorney General' means the Attorney General of the
United States or that official designated by the Attorney General
to perform his responsibilities under this Act."
(b) The chapter analysis of Part II of title 18, United
States Code, is amended by adding after the item relating to
chapter 203 the following new item:
"204. Rewards for information concerning terrorist
acts .... 3071".
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 19 -
TITLE IV - IhPLEMENTATIOI4 OF THE MONTREAL
CONVENTION FOR THE SUPPRESION OF THE UNLAWFUL ACTS AGAINST
THE SAFETY OF CIVIL AVIATION
Sec. 401. This title shall be cited as the "Aircraft
Sabotage Act."
STATEMENT OF FINDINGS AND PURPOSE
Sec. 402. The Congress hereby finds that:
(a) The Convention for the Suppression of Unlawful Acts
Against the Safety of Civil Aviation (ratified by the United
States on November 1, 1972) requires all State parties to it to
establish jurisdiction over certain offenses affecting the safety
of civil aviation;
(b) Such offenses place innocent lives in jeopardy,
endanger national security, affect domestic tranquility, gravely
affect interstate and foreign commerce, and are offenses against
the law of nations;
(c) The purpose of this Title is to implement fully the
Convention for the Suppression of Unlawful Acts Against the
Safety of Civil Aviation and to expand the protection accorded to
aircraft and related facilities.
Sec. 403. (a) Section 31 of Title 18, United States Code, is
amended
1) in the first paragraph by
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 20 -
(A) striking out "and" before the term "spare
part" and inserting "and 'special aircraft jurisdiction
of the United States'" after the term "spare part
n.
(B) striking out "Civil Aeronautics Act
of 1936" and inserting in lieu thereof "Federal
Aviation Act of 1958";
(2) by striking out "and" at the end of the third
undesignated paragraph thereof;
(3) by striking the period at the end thereof and
inserting in lieu thereof"; and"; and
(4) by adding at the end thereof the following new
paragraphs:
"In flight' means ary time from the moment all the
external doors of an aircraft are closed following embarka-
tion until the moment when any such door is opened for
disembarkation. In the case of a forces landing the flight
shall be deemed to continue until competent authorities take
over the responsibility for the aircraft and the persons and
property aboard; and
"'In service' means any time from the beginning of
preflight preparation of the aircraft by ground personnel or
by the crew for a specific flight until twenty-four hours
after any landing; the period of service shall, in any
event, extend for the entire period during which the
aircraft is in flight.".
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
V I
- 21 -
(b) Section 32 of Title 18, United States Code, is amended
to read as follows:
"?32. Destruction of aircraft or aircraft facilities
"(a) Whoever willfully --
"(1) sets fire to, damages, destroys, disables, or
interferes with the operation of or makes unsuitable for use
any aircraft in the special aircraft jurisdiction of the
United States or any civil aircraft used, operated, or
employed in interstate, overseas, or foreign air commerce;
"(2) places a destructive device or substance in,
upon, or in proximity to any such aircraft, or any part or
other materials used or intended to be used in connection
with the operation of such aircraft;
"(3) sets fire to, damages, destroys, or disables
any air navigation facility, or interferes with the
operation of such facility, if such fire, damaging,
destroying, disabling, or interfering is likely to endanger
the safety of any such aircraft in flight;
"(4) with the intent to damage, destroy, or disable
any such aircraft, sets fire to, damages, destroys, or
disables or places a destructive substance in, upon, or in
the proximity of, any appliance or structure, ramp, landing
area, property, machine, or apparatus, or any facility or
other material used, or intended to be used, in connection
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 22 -
with the operation, maintenance, or loading, unloading or
storage of any such aircraft or any cargo carried or intended
to be carried on any such aircraft;
"(5) performs an act of violence against or
incapacitates any individual on any such aircraft, if such
act of violence or incapacitation is likely to endanger the
safety of such aircraft in service;
"(6) communicates information that the communicator
knows to be false, thereby endangering the safety of any
aircraft in flight; or
"(7) attempts to do anything prohibiter under
paragraphs (1) through (6) of this subsection --
shall be fined not more than $10,000 or imprisoned not more
than 20 years or both.
"(b) Whoever willfully -
"(1) performs an act of violence against any indivi-
dual on board any civil aircraft registered in a country
other than
flight, if
aircraft;
"(2)
other than
service or
the United. States while such aircraft is in
such act is likely to endanger the safety of that
destroys a civil aircraft registered in a country
that the United States while such aircraft is in
causes damage to such an aircraft which renders
that aircraft incapable of flight or which is likely to
endanger that aircraft's safety in flight;
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
C
- 23 -
."(3) places or causes to be placed on a civil aircraft
registerea in a country other than the United States while
such aircraft is in service, a device or substance which is
likely to destroy that aircraft, or to cause damage to that
aircraft which renders that aircraft incapable of flight or
which is likely to endanger that aircraft's safety in flight;
"(4) attempts to commit an offense described in
paragraphs (1) through (3) of this subsection --
shall, if the offender is later found in the United States, be
fined not more than $10,000 or imprisoned not more than 20 years,
or both.".
(c) Section 101(38)(d) of the Federal Aviation Act of
1958 (49 U.S.C. 1301(38(d)), relating to the definition of the
term "special aircraft jurisdiction to the United States", is
amended --
(1) in clause (i), by striking out "; or " and
inserting in lieu thereof a semicolon:
(2) at the end of clause (ii), by striking out "and"
and inserting in lieu thereof "or;" and
(3) by adding at the end thereof the following new
clause:
"(iii) regarding which an offense as defined in
subsection (d) or (e) of Article I, Section I of the
Convention for the Suppression of Unlawful Acts against
the Safety of Civil Aviation (Montreal, September 23,
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 24 -
1971) is committed if the aircraft lands in the United
States with an alleged offender still on board; and".
(d)(1) Chapter 2 of Title 16, United States Code, is amended
by adding at the end thereof the following new section:
"?36. Imparting or conveying threats
"Whoever imparts or conveys any threat to do an act which
would be a felony prohibited by section 32 or 33 of this chapter
or section 1992 of chapter 97 or section 2275 of chapter 111 of
this title with an apparent determination and will to carry the
threat into execution shall be fined not more $5,000 or
imprisoned not more than five years, or both.".
(2) The analysis of chapter 2 of title 18 of the
United States Code is amended by adding at the end thereof
the following new item:
"3b. Imparting or conveying threats.".
Sec. 404. (a). Section 901 of the Federal Aviation Act of
195b (49 U.S.C. 1471) is amended by adding at the end thereof the
following new subsections:
"(c) Whoever imparts or conveys or causes to be imparted
or conveyed false information, knowing the information to be
false, concerning an attempt or alleged attempt being made or to
be made, to do any act which would be a crime prohibited by
subsection (i), (j), (k), or (1) of section 902 of this Act,
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 25 -
shall be subject to a civil penalty of not more than $1,000
which shall be recoverable in a civil action brought in the name
of the United States.
"(d) Except for law enforcement officers of any municipal
or State government or the Federal Government, who are authorized
or required within their official capacities to carry arms, or
other persons who may be so authorized under regulations issued
by the Administrator, whoever
to board, any aircraft in, or
transportation or interstate
his person or his property
weapon, which is, or would
flight shall be subject to
while aboard, or while
intended for operation
attempting
in, air
air transportation, has on or about
concealed deadly or dangerous
be, accessible to such person in
a civil penalty of not more than
$1,000 which shall be recoverable in
the name of the United States.
a civil action brought in
(b) Section 902(m) of the Federal Aviation Act of 195b
(49 U.S.C. 1472(m)) is amended to read as follows:
"(m)(1) Whoever willfully and maliciously, or with reckless
disregard for the safety of human life, imparts or conveys or
causes to be imparted or conveyed false information knowing the
information to be false, concerning an attempt or alleged
attempt being made or to be made, to do any act which would be
a felony prohibited by subsection (i), (j), or (1)(2) of this
section, shall be fined not more than $5,000 or imprisoned not
more than five years, or both.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 26 -
(c) Subsection (a) of section 1395 of Title 28, United
States Code, is amended by striking the period at the end of such
subsection and adding the following: ", and in any proceeding to
recover a civil penalty under section 35(a) of title 18 of the
United States Code or section 901(c) or 901(d) of the Federal
Aviation Act of 1958, all process against any defendant or
witness may be served, regardless whether authorized under the
Federal Rules of Civil Procedure, in any judicial district of the
United States upon an ex parte order for good cause shown.".
(d) The second sentence of section 903(b)(1) of the Federal
Aviation Act of 1958 (49 U.S.C. 1473(b)(1) is amended by
striking out "Such" and inserting in lieu thereof "Except with
respect to civil penalties under sections 901(c) and (d) of this
Act, such".
TITLE V - IMPLEMENTATION OF THE INTERNATIONAL CONVENTION
AGAINST THE TAKING OF HOSTAGES
Sec. 501. This title shall be cited as the "Act for the
Prevention and Punishment of the Crime of Hostage-Taking".
STATEMENT-OF FINDINGS AND PURPOSE
Sec. 502. The Congress hereby finds that:
(a) the International Convention Against the Taking of
Hostages (adopted by the United Nations, December 17, 1979)
requires all States parties to it to prohibit the offense of
hostage-taking as defined in the Convention;
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 27 -
(b) hostage-taking affects domestic tranquility, endangers
national security, affects interstate and foreign commerce, and
is an offense against the law of nations;
(c) the purpose of this title is to fully implement the
International Convention Against the Taking of Hostages.
Sec. 503. (a) Section 1201 of title 18, United States Code,
is amended --
(1) by deleting "or" at the end of subsection (a)(3);
(2) by deleting "," at the end of subsection (a)(4)
and inserting "; or" in lieu thereof;
(3) by adding a new subsection (a)(5) after subsec-
tion (a)(4) as follows:
"(5) a threat is made to kill, injure or to
continue to detain the person in order to compel a
third party to do or abstain from doing any act as an
explicit or implicit condition for the release of the
person,";
(4) by amending subsection (d) to read as follows:
"(d) Whoever attempts to violate subsection
(a)(4) or subsection (a) (5) shall be punished by
imprisonment for not more than twenty years.";
(5) by amending subsection (e) to read as follows:
"(e) If the victim of an offense under subsection (a)
is an internationally protected person, or if a threat
is made to kill, injure, or to continue to detain the
victim to compel a third party to do or abstain from
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 28 -
doing any act as an explicit or implicit condition for
the release of the victim, the United States may
exercise jurisdiction over the offense if the alleged
offender is present within the United States, irrespec-
tive 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
sections 5 and 7 of this title and section 101(38) of
the Federal Aviation Act of 1958, as amenced.(L9 L.S.C.
1301(38)).";
(6) by amending subsection (f) to read as follows:
"(f) In the course of enforcement of subsection
(a)(4) or subsection (a)(5), and any other sections
prohibiting a conspiracy or attempt to violate subsec-
tion (a)(4) or subsection (a)(5), 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."; and
(7) by inserting a new subsection (g) to read as
follows:
"(g) Nothing in this section shall be construed
as incicating an intent on the part of Congress to
prevent any State, commonwealth, territory or posses-
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
-29-
sion of the United States, or the District of Columbia,
from exercising jurisdiction over any offense over
which it would have jurisdiction in the absence of this
section, nor shall anything in this section be con-
strued as depriving State and local law enforcement
authorities of responsibility for prosecuting acts that
may be violations of this section and that are viola-
tions of State and local law, nor shall anything in
subsection (a)(5) of this section be contrued as
authorizing the United States to exercise jurisdiction
over an offense occuring in the United States in which
the alleged offender is the parent, child, spouse,
brother or sister of any victim or in which the alleged
offender and any victim live in the same household and
are related by blood or marriage."
(b)(1) The heading of section 1201 of title 18, United
States Code, is amended to read as follows:
"?1201. Kidnaping and hostage-taking".
(2) The analysis for chapter 55 of title 18, United States
Code, is amended by deleting the item relating to section 1201
and inserting in lieu there of the following new item:
"1201. Kidnapping and hostage-taking."
Sec. 504. Paragraph (a) of section 2518(7) of title 18 of
the United States Code is airended to read as follows:
"(a) an emergency situation exists that involves --
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
-30-
"(i) immediate danger of death or serious physical
I injury to any person.
"(ii) conspiratorial activities threatening the
I national security interest, or
"(iii) conspiratorial activities characteristic of
I organized crime,
that requires a wire or oral communication to be intercepted
before an order authorizing such interception can, with aue
diligence, be obtained, and".
EFFECTIVE DATE
Sec. 505. Sections 501, 502, and 503 of this title shall
become effective only when the International Convention Against
the Taking of Hostages has come into force and the United States
has become a party to it.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
Section by Section Analysis
Title I - Acts of Terrorism
Section 101 adds a new section 971 to Title 18 to proscribe
a conspiracy in the United States to murder, maim, kidnap or
assault an official of a foreign power outside of the United
States. The new section fills a void in the law that remains
despite the provisions of 18 U.S.C. 1116 and 18 U.S.C. 956.
18 U.S.C. 1116 proscribes the murder or attempted murder of
foreign officials, official guests, or internationally protected
persons, and sections 112-and 1201(a)(4) proscribe, respectively,
an assault upon or kidnapping of such persons. These statutes,
however, apply only when the official guest or foreign official
is in the United States or, in the case of an "internationally
protected person," when the victim is outside of his own country
or the offender is present in the United States. 18 U.S.C. 956
prohibits a conspiracy in the United States to commit certain
types of property destruction in a foreign country with which the
United States is at peace. It does not cover conspiracy to
commit crimes against the person.
The new section 971 expands on section 956 to cover
conspiracy to commit crimes against the person of high-level
foreign officialp. This type of crime is often committed by
terrorists and is an offense as potentially harmful to our
foreign relations as an attack on such a foreign official
actually committed on American soil.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
Section 971 would apply to conspiracies to commit one of the
enumerated offenses against a foreign official where at least one
of the conspirators is inside the United States. The other
member or members of the conspiracy would not have to be in the
United States nor would an overt act to carry out the conspiracy
have to be committed in the United States. The section would
apply, for example, to two individuals who consummated an
agreement to kill a foreign official in a foreign country where
only one of the conspirators was in the United States and the
agreement was reached by telephone conversations or letters, and
where all the overt acts were undertaken by the party in the
foreign country. In such a case the agreement would be reached
at least in part in the United States. The gist of the crime of
conspiracy is, of course, the agreement to commit a crime plus an
overt act in pursuance thereof. The overt act may be that of
only one of the conspirators and.need not itself' be a crime.,
Section 971 is limited to conspiracies to commit crimes
against high echelon foreign officials because conspiracies
against only such persons are felt to have serious foreign
relations consequences. The foreign officials protected are the
Chief of State or head of government of a foreign power, a
cabinet officer or person of equivalent or higher rank of a
foreign power, an ambassador of a foreign power, the chief
executive officer of an international organization, any person
who previously served in such a capacity, and any relative by
blood or marriage who is a part of his household.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
e ( l
- 3 -
An international organization is defined as one of the
international organizations. in which the United States partici-
pates designated by the President as a public international
organization pursuant to 22 U.S.C. 2b8 for purposes of entitle-
ment to certain privileges and immunities.
Section 102 slightly revises subsection 956(a) of title 18
dealing with a conspiracy in the United States to destroy
property in a foreign country. The revision is principally to
eliminate the present requirements that the overt act to effect
the object of the conspiracy be committed in the United States
and that both conspirators have to be in the jurisdiction of the
United States. As discussed in connection with the previous
section, these requirements are not necessary, and their reten-
tion could unjustifiably result in serious foreign policy
problems if they were to prevent federal prosecution of a
conspiracy that has resulted in major property damage. In
addition, the penalty is raised from the present maximum of three
years imprisonment and a $5,000 fine to ten years imprisonment
and a $50,000 fine. The increased punishment more accurately
reflects the harm done to our foreign relations from such an
offense.
The terms "airport" and "airfield" are added to the list of
"public utilities" presently set out in section 956(a), the
destruction of which must be the object of the conspiracy, since
they are particularly attractive targets for terrorists.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
Finally the phrase "public structure" is added to the list
of targets to make it clear that the statute covers a conspiracy
to destroy a structure where persons assemble for work -- such as
a store, factory or office building -- or for purposes of
government, education, religion, or entertainment, and that the
phrase "public utility" does not limit the statute's application
to a conspiracy to destroy such property as transportation lines
or power generating facilities.
- Title 11 -- Training, Supporting, and Inducing Terrorism
Section 201 of the bill adds a new section 972 in Chapter 4+5
of title 16 dealing with foreign relations entitled "Military and
intelligence assistance to certain foreign governments, factions,
and international terrorist group." This section is designed to
prevent the harming of our foreign relations by United States
nationals or businesses, or by other persons within the United
States, who seek to provide training and technology to certain
governments that support terrorism or to international terrorist
groups. The President is given the authority to name the
forbidden recipients of such training and technology by procla-
mation if he determines that their acts or support for interna-
tional terrorism are such a threat to our national security,
foreign relations, or the physical security of the persons or
property of private United States entities that they should not
benefit from American expertise used for such reprehensible ends.
It is expected that few governments or groups will be named and
the section is not intended to interfere with the legitimate
international trade in which many United States suppliers of
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 5 -
ervices and technology engage. Rather, it is intended to
complement the provisions of the Arms Export Control Act (AECA),
22 U.S.C. 2778, which authorize the President to control the
importation and exportation of "defense articles and defense
services" and to provide foreign policy guidance to United States
persons involved in such importing and exporting.
Pursuant to the AECA, and comparable authority previously
granted to the President under section 414 of the Mutual Security
Act of 1974, the Department of State promulgated the Inter-
national Traffic in Arms Regulations (ITAR) 22 CFR subchapter M.
While the regulations specify a number of articles and technical
data in relation thereto which are subject to control, the
provisions in the ITAR do not generally encompass the "mercenary"
type of activities such as the providing of training, logistical,
and support services which would be covered by the new section.
Subsection (a) of the new section 972 makes it unlawful for
any United States national, permanent resident alien,.or business
entity to perform any of several enumerated acts in aid of a
foreign government, foreign faction, or international terrorist
group named in a Presidential proclamation. The prohibited acts
are to serve in or to act in concert with the armed forces or an
intelligence agency of one of the named governments, factions, or
group; to provide training for their armed forces or intelligence
agencies; to provide logistical, mechanical, maintenance or
similar services for their armed forces or intelligence agencies;
or to recruit or solicit any person to do any of the above. The
subsection also provides for extraterritorial jurisdiction over a
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 6 -
(violation inasmuch as harm to our foreign relations or world
peace can occur when Americans provide such aid overseas as well
as domestically.
Subsection (b) is designed to cover persons who are not
United States nationals or permanent resident aliens but who use
the United States as a base from which to supply the technology
of terrorism to certain other countries, foreign factions or
international terrorist groups. It makes it unlawful to provide
training in the United States to the armed forces or an intelli-
gence agency of a foreign government, foreign faction, or inter-
national terrorist group named in a Presidential proclamation; to
provide in the United States logistical, mechanical, maintenance
or similar support services to their armed forces or intelligence
agencies; or in the United States to recruit or solicit any
person to do any of the above acts.
Subsection (c) sets out the penalty for a violation of the
new section. It would extend to a fine of $25,000 or an amount
five times the total compensation received, whichever is greater,
or imprisonment for up to ten years, or both, for each offense.
Subsection (d) is the triggering mechanism to implement the
prohibitions of subsections (a) and (b). It provides that the
President may, when he determines that it is warranted in the
interests of national security, foreign relations, or the
physical security of the person or property of United States
private entities, issue a proclamation naming a foreign govern-
ment, foreign faction, or terrorist group as one for which there
is a ban on the provision of services described in subsections
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 7 -
~a) and (b). Any proclamation is to be published in the Federal
Register and becomes effective immediately. Actual knowledge of
the proclamation is not, however, an element of the offense and
need not be proven. This subsection also provides for Presi-
dential revocation of the proclamation by similar publication in
the Federal Register.
As indicated, it is expected that few governments, factions
or terrorist groups will be named pursuant to this section, which
is limited to addressing the problems of United States nationals
or business entities providing the technology of terrorism for
use abroad and of the United States being used by foreigners for
such a purpose. The fact that a foreign government, faction, or
terrorist group is not listed in a proclamation under this
section is of no significance in other contexts. For example,
the fact that a government, faction, or group is not named in, or
is removed from, a Presidential proclamation under the new
section 972 of title 18 would have no bearing on whether an
Executive Branch official could certify under the provisions of
the Foreign Intelligence Surveillance Act, 50 U.S.C. 1801 et
Rea., that it was a proper target for surveillance under the
terms of the Act, nor would the omission or removal of such a
group from a proclamation in any way affect any order of the
Foreign Intelligence Surveillance Court authorizing surveillance
of it.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- b -
Subsection (e) provides that any finding of fact made in a
Presidential proclamation under subsection (d) shall be conclu-
sive and no question concerning the validity of the proclamation
may be raised by a defendant at a trial or hearing.
Subsection (f) provides for an affirmative defense for any
act committed by a person outside of the United States within
thirty days of a proclamation affecting his activities if the act
is performed pursuant to an agreement or other contractual
relationship entered into prior to the effective date of the
proclamation. This underscores the fact that the section is not
designed to interfere with legitimate overseas business interests
and that there are persons who make their livings by exporting
military and intelligence training and expertise. Moreover, the
failure of these persons to perform services already agreed upon
could, in certain overseas situations, expose them to physical
danger. Therefore, once the President determines that such
activities with respect to a particular country or group
adversely affect our national security or foreign relations, or
the physical security of the person or property of United States
private entities, a provider of such services would have thirty
days to terminate this overseas activity and must cease affected
operations in the United States at once.
Subsection (g) provides for the criminal forfeiture of
property constituting or derived from the proceeds obtained as a
result of a violation of the section and of property used or
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
9 -
intended to be used in the commission of a violation. The
procedures used in the forfeiture action are to be governed by
the provisions of 18 U.S.C. 1963, the RICO forfeiture provisions.
Subsection (h) provides that the section shall not be
construed to prohibit the providing of medical supplies or
medical training for humanitarian purposes.
Subsection (i) provides that properly authorized and
conducted intelligence activities of the federal government are
excluded from the section's coverage.
Subsection (j) provides definitions for such items as
"foreign government," "faction," "international terrorist group,"
"international terrorism," "national'of the United States," and
"permanent resident alien of the United States." Where possible,
existing statutory definitions for these terms are employed. For
example, "foreign government" is defined by reference to
1b U.S.C. 1116(b)(2) which defines the term as the "government of
a foreign country, irrespective of recognition by the United
States." Because the focus of the new section is on interna-
tional terrorism, and "international terrorist group" is defined
as one which engages in "international terrorism," which term in
turn is defined by reference to the Foreign Intelligence
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
Surveillance Act of 1978 (50 U.S.C. 1801 (c)).'h/ That section
casts the definition in terms of violent acts or acts dangerous
to human life that would be a criminal violation if committed
state and
within the jurisdiction of the United States or of any
are intended to intimidate or coerce a civilian population or
influence or affect the policies of a government by intimidation,
coercion, kidnaping or murder.
1/
50 U.S.C. 1801 (c) provides:
"(c) 'International terrorism' means activities that --or act
s (1) involve vioationaofsthe criminalglawssofothemUnited
life that are a viol
States or of any State, or that would be a criminal viola-
tion if committed within the jurisdiction of the United
States or any State;
(2) appear to be intended --
(A) to intimidate or coerce a civilian population;
(B) to influence the policy of a government by
intimidation or coercion; or
(C) to affect the conduct of a government by
assassination or kidnapping; and
(3) occur totally outside the United States, or which
iannts to
transcend national boundaries ethey app me
they are accomplished, the persons
coerce or intimidate, or the locale in which their perpetra-
tors operate or seek asylum.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
11
The term "United States business entity" defines those
American business groups which cannot furnish services or
training proscribed by section 972 to a foreign government,
foreign faction, or international terrorist group listed in a
Presidential proclamation issued pursuant to subsection (d). It
does not include the foreign subsidiary corporations of U.S.
corporations. It is thus limited to those business entities
which the United States has the ability to control directly and
avoids the delicate issue of interference in the domestic affairs
of foreign countries. American nationals and permanent resident
aliens who work for foreign corporations would, however, still be
personally precluded from furnishing such services on behalf of
their employer to any named country, faction, or group.
"Private entity of the United States" is defined so as to
include as the possible victims of terrorist attacks any national
or permanent resident alien of the Untied States, any employee or
contractor of the United States Government (regardless of
nationality) if the act of terrorism is brought about by virtue
of such relationship to the United States, any unincorporated
association of United States nationals or permanent resident
aliens, and any corporation incorporated within the United States
and its foreign subsidiaries. Thus the term "private entity" is
intended to protect the commercial, religious, educational, and
recreational activities and interests engaged in by the American
people outside the United States. Where the "victim" of the
terrorist activity overseas is the U.S. Government, its property,
or its officials, such coverage is primarily encompassed within
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
the terms "national security" or "foreign relations" of the
United States. The three criteria, however, are not totally
separate and overlap in many respects. Together, however, they
are intended to describe the totality of the overseas interests
of both the nation and its people. Foreign subsidiaries of U.S.
corporations are specifically covered because they are often the
targets of terrorist attacks.
Section 202 of the bill adds a new section 918 to title 18
rto create the offense of falsely posing as an officer, employee,
or as a person otherwise acting in concert with a United States,
intelligence agency, such as the CIA, and in that capacity
inducing or persuading another person to commit a crime due to a
belief that the act was a properly authorized intelligence
operation. The important work and reputation of United States
intelligence agencies is harmed by such false personation, and
crimes committed in the belief that they were, in effect, ordered
by the United States necessarily have a serious impact on our
foreign relations. The existing personation statutes in chapter
43 of title 18 do not completely cover this offense. While 18
U.S.C. 912 proscribes pretending to be an officer or employee of
the United States if one "acts as such," this section is limited
to officers and employees and may not cover persons claiming to
be otherwise affiliated with an intelligence agency. Moreover,
the penalty for a violation of present section 912 is only a
$1,000 fine and three years' imprisonment, which is not
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 13 -
rsufficient for the harm done by one who poses as a United States
intelligence operative and in that capacity requests another
person to commit a crime.
Subsection 918(a) sets out the new offense. It prohibits
any person from falsely posing as an officer or employee of, or
falsely claiming he is acting under the authority of or in
concert with an agency of the United States Intelligence
Community ana in such a false role requesting or inducing any
other person to commit an offense against the United States
punishable by imprisonment for one year or more, an offense
against a state of the United States punishable by imprisonment
for one year or more, an offense against a foreign government so
punished under foreign law, or an overt act to facilitate the
commission of such an offense. The gist of the offense is posing
as an intelligence operative to induce or
to commit an act that would constitute an
imprisonment for a year or more
or foreign -- applicable at the
intended to be committed, or an
commission of such an offense.
under any
persuade another person
offense punishable by
federal, state,
place where it is committed or
overt act to facilitate the
The overt act itself need not be
an offense. For example, the subsection would cover the actions
of X in New York City who falsely claimed he was a CIA agent in
an attempt to get Y to steal or lawfully rent a car to use in a
kidnaping plot in Mexico. The penalty is imprisonment for up to
ten years and a fine of up to $50,000.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
14
e-- Subsection (b) prohibits two defenses. First, it is not a
defense that the offense or act requested or induced did not
actually take place or was not even attempted. The offense is
complete when the person posing as an intelligence operative
requests another person to commit the offense or an overt act to
facilitate its commission, or acts in any manner to persuade him
to do so. Second, it is not a defense that the intelligence
agency that the person falsely claims to be acting for or in
concert with had no authority to order, induce, or otherwise
participate in the requested crime.
Subsection (c) provides that there is extraterritorial
jurisdiction over a violation of subsection (a). Thus, any
person, including a foreign national who falsely claims to be an
officer or employee of or affiliated with one of the United
States intelligence agencies for the purpose of inducing one of
the described offenses, whether in this country or abroad, would
be subject to the section.
Subsection (d) lists the agencies within the United States
.Intelligence Community whose integrity from interlopers is
covered by this section. They are the Central Intelligence
Agency; the National Security Agency; the Defense Intelligence
Agency; the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs; the Bureau of Intelligence and Research
of the Department of State; and the intelligence elements of the
Army, Navy, Air Force, and Marine Corps, the Federal Bureau of
Investigation, the Department of the Treasury, and the Department
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 15 -
of Energy. This list of agencies is the same as that set forth
in Part 3.4 (f) of Executive Order 12333 of December 4, 1981, 3
CFR p. 200, 215, providing for the effective conduct of United
(States intelligence activities.
TITLE III - Rewards for Information Concerning Terrorism
Title III deals with rewards for persons who provide
information concerning acts of terrorism. Section 301 adds a new
chapter 204 to title 18 entitled "Rewards for Information
Concerning Terrorist Acts." The new chapter consists of eight
sections, 3071-3078. The chapter is closely related to and
patterned after a similar reward provision for persons who
provide information concerning the unauthorized acquisition or
manufacture of atomic weapons and special nuclear materials, 50
U.S.C. 47a-47f. It provides for a determination by the Attorney
General that certain persons are entitled to rewards for
furnishing information about specific acts of terrorism. Rewards
would then be paid out of funds appropriated for the Department
of Defense since the rewards provision is principally, although
not exclusively, to protect Defense Department property or
personnel which are especially attractive targets for terrorists.
Section 3071 provides that any person who furnishes informa-
tion of one of three types may be given a reward. Whether a
reward is paid is totally discretionary with the Attorney General
although he is required to receive the advice of the Secretary of
Defense since Defense Department funds are involved, and in
certain cases involving large rewards the President must make the
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
16 -
final determination. The three types of information that may
warrant the payment of a reward are, first, that which leads to
the arrest or conviction in any country of any person for the
actual commission of an act of terrorism against a United States
person or Untied States property; second, information leading to
the arrest or conviction in any country of any person for a
conspiracy or an attempt to commit an act of terrorism against a
United States person or United States property; and third,
information leading to the prevention of an act of terrorism
against a United States person or property.
Section 3072 provides that the Attorney General shall make
the determination as to whether a particular person is entitled
to a reward after advising and consulting with the Secretary of
Defense. In a case of international terrorism the Attorney
General is also required to advise and consult with the Secretary
of State, but the decision of the Attorney General is always
final. Rewards of $100,000 or more may only be made after the
Attorney General receives the approval of the President, a
feature also found in the Atomic Weapons and Special Nuclear
Materials Rewards Act.
Section 3073 is included because an alien who provides
information concerning terrorism may be in severe danger of
retaliation in his own country. Hence, this section provides
that if the information for which.a reward is authorized is
furnished by an alien, the Attorney General, again after con-
sulting with the Secretary of State, may admit the alien and
members of his immediate family into the United States as
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 17 -
permanent resident aliens notwithstanding the requirements of the
J Immigration and Nationality Act. It is anticipated that not many
I individuals will be admitted under this provision and that the
Attorney General will use extreme caution in exercising this
Lauthority.
Section 3074 authorizes the Attorney General to hold
hearings and make necessary rules for carrying out the provisions
of the chapter. However, he is not required to establish set
rules or to follow such rules in all cases but may decide
appropriate cases on an ad hoc basis. The provisions of the
Administrative Procedure Act, the Privacy Act, and the Freedom of
Information Act are specifically made inapplicable to this
chapter.
Section 3075 provides that rewards granted under this
chapter shall be certified and transmitted to the Department of
Defense for payment. If necessary to protect the recipient and
his family, information concerning his identity may be sealed and
withheld from public and unnecessary internal disclosures.
Section 3076 provides that government employees who furnish
information concerning terrorism in the performance of their
official duties are not eligible for a monetary reward under this
chapter. They would, however, be eligible for the provisions
allowing admission into the United States (Section 3073) and
participation in the Witness Protection Program (Section 3077).
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 18 -
Section 3077 provides that an individual who furnishes
information which would justify a reward under this chapter may
be given the benefit of the Witness Protection Program in the
discretion of the Attorney General.
Section 3078 contains definitions that apply to the new
chapter. The definitions of "terrorism" and "international
terrorism" closely follow the definition of "international
terrorism" in the Foreign Intelligence Surveillance Act, 50
U.S.C. 1801(c). The same definition is used to define "inter-
national terrorism" in Title II of the bill. As in that title,
the definition of "terrorism" is cast in terms of violent or
dangerous acts that would be crimes if committed in the United
States and that are committed to intimidate or coerce a civilian
population or to influence the policy or conduct of a government
or political subdivision of a government by intimidation or
coercion. "International terrorism" is defined as an act of
terrorism that transcends international boundaries in terms of
the means by which it is accomplished, the persons or entity it
appears intended to coerce or intimidate or the locale in which
the perpetrators operate or seek asylum.
The term "United States person" is defined to include
citizens, persons owing permanent allegiance to the United
States, any person in the United States, permanent resident
aliens, United States government employees or contractors who are
victims or intended victims of terrorism because of their
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 19 -
employment, various business entities consisting in whole or in
part of United States nationals and permanent resident aliens,
and United States corporations and their foreign subsidiaries.
The term "United States property" is defined to include all
real or personal property within the United States regardless of
ownership, and any real or personal property outside of the
United States, the actual or beneficial ownership of which rests
in a federal or State governmental' entity of the United States or
in a United States person.
Title IV of the bill is designed to implement the provisions
of the Montreal Convention for the Suppression of Unlawful Acts
Against the Safety of Civil Aviation. The Convention deals with
such common terrorist acts as aircraft piracy and aircraft
sabotage. It was ratified by the United States, in November of
1972. Under its terms the contracting countries are obliged to
establish criminal jurisdiction over certain aircraft-related
offenses, including extraterritorial jurisdiction over some
offenses involving aircraft or air navigation facilities of other
contracting countries if the perpetrator is found in a signatory
country.
Section 402 is a statement of findings ana purpose of the
Congress. It indicates that enactment of the title is an
exercise of the treaty power, of the power to regulate interstate
and foreign commerce, and of the power to punish offenses against
the laws of nations.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Section 403 sets forth amendments to sections 31 and 32 of
title 18, section 1301(38) of title 49, and adds a new section 36
to title 18, to ensure that these laws dealing with aircraft
destruction, hijacking, and related offenses, are in conformity
with our obligations under the Montreal Convention.
Section 403(a) contains a.number of technical amendments to
1b U.S.C. 31, a definitional section for the chapter concerned
with crimes against aircraft and motor vehicles, and adds to it
the definitions of "in flight" and "in service." These defini-
tions are necessary because the terms have specific meanings in
the Montreal Convention and are used in 18 U.S.C. 32 as amended
in the next subsection.
Section 403(b) amends 18 U.S.C. 32, "Destruction of aircraft
or aircraft facilities," in order to comply fully with Article 5,
section 1(a) of the Montreal Convention which requires that a
country party to the treaty establish jurisdiction over the
offenses listed in Article 1 when they are committed in the
territory of that country. Current federal law generally covers
the Article 1 offenses which involve such things as destroying an
aircraft, committing an act of violence against a person on board
an aircraft in flight if the act is likely to endanger its
safety, and conveying false information about a bomb threat
against an aircraft. The proposed amendments provide extra-
territorial jurisdiction over these offenses and no not lessen
the scope of present law.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 21 -
The first paragraph of new subsection 32(a) essentially
incorporates the first paragraph of existing 18 U.S.C. 32 --which
now covers the destruction of civil aircraft used in interstate,
overseas, or foreign air commerce -- and expands its scope to
include any civil or military aircraft in the "special aircraft
jurisdiction of the United States".2/
The term "special aircraft jurisdiction of the United
States is defined in 49 U.S.C. 1301(38) as follows:
"(38) The term 'special aircraft jurisdiction of the United
States' includes --
"(a) civil aircraft of the United States;
"(b) aircraft of the national defense forces of the
United States;
"(c) any other aircraft within the United States;
"(d) any other aircraft outside the United States
"(i) that has its next scheduled destination or
last point of departure in the United States, if that
aircraft next actually lands in the United States; or
"(ii) having "an offense", as defined in the
Convention for the Suppression of Unlawful Seizure of
Aircraft, committed aboard, if that aircraft lands in
the United States with the alleged offender still
aboard; and
"(e) other aircraft leased without crew to a lessee who
has his principal place of business in the Untied States, or
if none, who has his permanent residence in the United
States;
while that aircraft is in flight, which is from the moment when
all external doors are closed following embarkation until the
moment when one such door is opened for disembarkation or in the
case of a force landing, until the competent authorities take
over the responsibility for the aircraft and for the persons and
property aboard."
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
-22-
The second paragraph of new subsection 32(a) incorporates
portions of the second, third, and fourth paragraphs of the
current section 32 to prohibit the placing of a destructive
device or substance in or near an aircraft or any part or
material used in connection with the aircraft. The new provision
does not contain the requirement that the proscribed act be done
with intent to damage or disable the aircraft, a requirement of
current law. Rather it requires only that the placing of the
destructive device or substance be likely to damage or destroy
the aircraft or any part or other materials used with it. The
omission of the intent element is necessary to avoid a require-
ment of proof of those offenses which would be greater than that
required by the Montreal Convention. 3/ The phrase "any part or
other materials used or intended to be used in connection with
the operation of such aircraft" is meant to include liquids and
lubricants which might be damaged by a destructive substance.
These materials, such as fuel and hydraulic fluid, are indivi-
dually listed in the current statute.
The third paragraph of new subsection 32(a) is a new
provision which encompasses acts against air navigation facili-
ties, such as terminals or hangers, now mentioned in paragraph L
of current section 32. The element of intent to damage or
disable an aircraft is also omitted from this paragraph.
3/ Article 1 of the Convention describes a person as committing
an offense if he places a device or substance om an aircraft
which is likely to destroy it or damage it to the extent it is
either incapable of flight or dangerous to safety while in
flight.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 23 -
The fourth paragraph of new subsection 32(a) essentially
incorporates the second, third, and fourth paragraphs of current
section 32 (except for the provisions mentioned in paragraphs two
and three of new subsection 32(a)) to prohibit destructive acts
affecting property such as machinery and ramps used in associa-
tion with aircraft on the ground. The phrase listing all of the
various types of property including "other material used, or
intended to be used in connection with the operation, mainte-
nance, or loading or unloading or storage of any such air-
craft ..." is meant to include all of the various types of
property and material which are individually listed in the
current statute. The element of intent to affect an aircraft is
retained in this paragraph.
The fifth paragraph of new subsection 32(a) replaces
paragraph 5 of current section 32 to prohibit acts against
individuals. It adds passengers to the protected category of
persons as required by Article 1, section 1(a) of the Montreal
Convention. Since the conduct proscribed by this paragraph could
likely endanger the safety of the aircraft at times prior to and
after the time such aircraft is "in flight", the jurisdictional
base has been extended to cover not only those times when the
aircraft is "in flight" but also the period of time while the
aircraft is "in service". Although paragraph 5 of the current
statute requires that the conduct"be accompanied with an intent
to damage, destroy, disable, or wreck any such aircraft, the
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 24 -
substituted paragraph omits this element of proof because it
would establish an offense requiring proof exceeding the require-
ments established by the Convention.
The sixth paragraph of new subsection 32(a) has been adaed
to meet the requirements of article 1, section 1(e) of the
convention that a person commits an offense if he intentionally
"communicates information which he-knows to be false, thereby
endangering the safety of an aircraft in flight." Currently, the
only statutory provisions covering false information are 18
U.S.C. 35(a) and (b) with regard to bomb hoaxes and 49 U.S.C.
1472(m) with regard to hijacking hoaxes. However, neither of
these provisions has a requirements of endangering the safety of
an aircraft while "in flight" as does Article 1, section 1(e) of
the Convention. Currently, 18 U.S.C. 35(b) and 49 U.S.C. 1472(m)
carry maximum jail terms of five years and fines of $5,000, but
do not require a showing of endangering the safety of the
aircraft. Where the additional element of endangering the
aircraft is present, increased sanctions are appropriate, and
this paragraph increases the sanctions to a maximum of twenty
years'imprisonment and a $10,000 fine.
The seventh paragraph of new subsection 32(a) contains the
attempt provision and replaces the sixth paragraph of current
18 U.S.C. 32. The penalties for violations of the amended
statute are the same as those provided in the current law which
adequately reflect the gravity of the offense, as required under
the Convention..
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 ---- Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 25 -
Section 403(b) also adds a new subsection 32(b) to title 18
of the United States Code which is designed to implement Article
5, section 1(c), in part, and Article 5, section 2. Article 5,
section 1(c) requires each contracting country to establish
jurisdiction over the offenses of Article 1 "when the aircraft on
with
board which the offense is committed lands in its territory
the alleged offender still on board." This was accomplished to
some extent by adding the term "special aircraft jurisdiction of
the United States" to the scope of new subsection 32(a). Article
5, section 2 also requires each contracting State to establish
jurisdiction over the offenses listed in Article 1, sections
1(a), (b) and (c), and in Article 1, section 2 insofar as that
(b) and
section/ relates to offenses listed in sections 1(a),
(c), "where the alleged offender is present in the country's
." Normally the
territory and the country does not extradite ..
United States would lack jurisdiction to bring such individuals
to trial. Thus, jurisdiction is established in new subsection
32(b) over anyone who commits one of the offenses listed in the
subsection -- such as aircraft destruction or acts of violence on or against a civil aircraft registered outside of the United
States and who is afterwards found in this country. Obviously
this includes those rare instances where the alleged offender
would still be on board the aircraft when it lands in the United
States, as well as those instances where the offender would
subsequently enter the United States and be found here.
4/ Article 1, section 2 provides that a person commits an i offense if he attempts commit an 1s
an accomplice of a person
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 26 -
New subsections (b)(1), (2) and (3) of section 32 enumerate
the offenses of Article 1, section 1(a), (b) and (c) as required
by Article 5, section 2. It should be noted that Article 5,
section 2 of the Convention does not require that the offenses of
section 1(d) and 1(e) of Article 1 be covered, so the obligations
of Article 5, section 1(c) are met in the new subsection only to
the extent of covering the offenses of Article 1, sections 1(a),
(b) and (c). Subsection (b) (4) of new section 32 covering
attempts to commit the proscribed acts is required by Article 5
paragraph 2 of the Convention.
Section 403 (c) implements Article 5, section 1(c) to the
extent that it is not implemented in the new subsection 32(d)
discussed above. This is accomplished by an amendment to the
definition of "special aircraft jurisdiction" as set forth in
section 101(38)
of the Federal Aviation Act of 1958 by adding
the new subsection (d)(iii).
Section 403(d) adds a new section 36 to chapter 2 of Title
18, United States Code. This new addition prohibits the convey-
ance of threats to destroy, damage or disable aircraft or related
facilities by creating a felony offense where the threatening
words or actions are delivered with an apparent determination and
will to perform the threatened act. Presently, only the convey-
ance of false information regarding attempts violative of section
32 is proscribed. Thus, the amendment corrects a lapse in
present law by including within the prosecutorial sphere such
conduct or words which do not constitute an attempt but neverthe-
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 27 -
less are menacing and disruptive. because of the serious nature
of such conduct the maximum penalty is five years imprisonment
and a $5,000 fine.
Section 404 sets forth amendments to existing law to
facilitate civil and criminal prosecutions for certain offenses
committed aboard aircraft.
Subsection 404(a)(1) amends section 901 of the Federal
Aviation Act of 1958 (49 U.S.C. 1471) by adding a new subsection
(c) which contains a proscription, enforceable by a civil
penalty, against the conveyance of false information when such
information is known to be false regarding any attempt to commit
a violation of section 902(1), (j), (k), or (1) of the Act,
(49 U.S.C. 1472 (i)-(l)). The conduct aimed at includes an
aircraft passenger's statement, perhaps intended in jest but
understandably not so taken by the aircraft's crew, that he might
like to hijack the plane or that he is carrying a weapon; a
passenger's threatening or offensively touching a flight atten-
dant; or a passenger's engaging in a physical altercation with
another passenger.
The new subsection 1471(c) restates the language found
currently in section 902(m)(1) of the Act and provides for a
maximum fine of $1,000 to be recoverable in a civil action.
Currently, only a misdemeanor offense exists for the hoax or
conveyance in jest, of false information regarding aircraft
hijacking offenses. Past attempts at prosecution have encoun-
tered a reluctance either by prosecutors themselves or the courts
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
-26-
to process these offenses for criminal penalties. Provision for a
civil penalty provides a more appropriate vehicle to assure
enforcement of violations in this area.
The new subsection 1471(d) authorizes a maximum fine of
r$1,000 recoverable in a civil action where an unauthorized person
attempts to board or boards an aircraft while carrying a con-
cealed deadly or dangerous weapon. This new subsection allows
for the sanction of conduct which, under certain extenuating
circumstances, would not warrant criminal prosecution but should,
nevertheless, warrant an action for the recovery of a civil
penalty. This section responds to unique problems arising from
the boarding area discovery of weapons by providing an alter-
native to the criminal prosecution which is presently authorized
by 49 U.S.C. 1472(1).
L____` Section 404(b) of the bill amends section 902(m) of the
Federal Aviation Act of 1958 by replacing the misdemeanor offense
of conveyance of false information concerning air piracy and
other related offenses with the offense of willful and malicious
conveyance of false information concerning such offenses as
presently set forth in section 902(m)(2) of the Act. This
retains the felony hijack hoax offense as described above while
removing from the ambit of criminal prosecution the type of
conduct presently encompassed by the misdemeanor hijack hoax
provisions.
Subsection 404(c) of the bill amends 28 U.S.C. 1395(a) to
facilitate the enforcement of the civil penalty provisions
contemplated in 18 U.S.C. 35 (a) and proposed sections 901 (c)
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 29 -
and (d) of the Federal Aviation Act of 1956 (49 U.S.C. 1471-
1472). The change would permit process against any defendant or
witness to be served in any judicial district of the United
States upon an ex parte order for good cause shown. Thus, civil
proceedings may be instituted not only at the place of residence
of the defendant as presently authorized under existing law, but
also at the place where the violation occurred.
Subsection 404(d) of the bill amends section 903(b)(1),
(49 U.S.C. 1473(b)(1)) of the Federal Aviation Act of 1958 by
inserting certain exclusionary words to remove the collection of
any civil penalties imposed under proposed section 901(c) and (d)
of the Act from conformance with the procedures utilized in civil
suits in admiralty. This subsection allows a greater flexibility
in the prosecution of these civil violations and the collection
of judgments therefrom. In effect, the venue provision for
collection proceedings is expanded in consonance with the
broadened scope for enforcement of the legislation to ensure that
all actions related to sections 901(c) and (d) are swiftly
processed at the location most conductive to the efficient and
economical handling of the case.
Title V is intended to implement the International Conven-
tion Against the Taking of Hostages, a Convention transmitted to
the Senate on August 4, 1980 and still awaiting ratification.
When it is ratified, the United States will incur an obligation
to enact domestic laws to provide sanctions against those who
commit the offense of hostage taking. Thus, this title amends
the federal kidnaping statute (18 U.S.C. 1201) to provide for
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 30 -
federal jurisdiction over any kidnaping in which a threat is made
to kill, injure, or continue to detain the victim in order to
compel a third party to do or abstain from doing something, a
common ploy of terrorists.
Section 501 provides that, on enactment, the title may be
cited as the "Act for the Prevention and Punishment of the Crime
of Hostage-Taking."
Section 502 is a statement of the findings and purposes of
the Congress in enacting the legislation. It is based on an
exercise of the treaty power and of the power to punish offenses
against the law of nations, as well as on the power of Congress
under the commerce clause and other provisions of the Constitu-
tion.
-Section 503 amends the federal kidnaping statute (18 U.S.C.
1201) to create federal jurisdiction over those kidnapings that
also constitute hostage-taking. Section 1201 now prohibits
kidnaping when the victim is transported in interstate commerce
or is an internationally protected person or when the offense is
committed in the special maritime, territorial, or aircraft
jurisdiction of the United States. The'se existing offenses have
been left unchanged.
The present federal kidnaping statute creates a rebuttable
presumption that a victim who has not been released within
twenty-four hours is presumed to have been transported in
interstate commerce. The primary purpose of this provision is to
allow the Federal Bureau of Investigation to investigate cases in
which it is not known whether the victim has been transported in
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 31 -
interstate commerce. It should be noted that, under the proposed
legislation, the FBI would have the authority to act once a
ransom or other demand were received. The rebuttable presumption
provision is left in effect, however in order to allow FBI
jurisdiction in kidnaping cases in which no ransom or other
demand is made and it is not known whether the victim has been
transported in interstate commerce.
Section 503(a) of the bill sets out the offense of hostage
taking by amending 18 U.S.C. 1201. It first adds a new sub-
section (5) to 18 U.S.C. 1201(a). In substance the subsection's
definition of the offense tracks its definition in the Hostage
Convention, that is, any seizure or detaining of a person,
coupled with a threat to kill, to injure or to continue to detain
the victim "in order to compel a third party to do or abstain
from doing any act". The Convention's description of a third
party, namely, "a State, an international inter-governmental
organization, a natural or juridicial person, or a group of
persons," is omitted from the legislation. This was done in
order to make clear that attempts to influence third parties not
expressly listed in the definition, such as U.S. state govern-
ments and unincorporated local governments, would violate the
statute. There is no need to define "third parties" in the
legislation, since the phrase speaks for itself and is intended
to have the broadest possible meaning.
The penalty for the new offense of hostage taking is the
same as that now prescribed in 18 U.S.C. 1201 for other federal
kidnaping offenses, imprisonment for any term of years or for
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
-32-
life. Attempted hostage taking is also made an offense by an
amendment to 18 U.S.C. 1201 (d) which already covers attempted
kidnaping of internationally protected persons. The punishment
may extend to imprisonment for up to twenty years.
18 U.S.C. 1201(e) is amended to provide for extraterritorial
jurisdiction over the offense of hostage-taking similar to that
already provided in section 1201 for kidnaping an-internationally
protected person. Congress's power to assert such jurisdiction
derives from the Convention.
18 U.S.C. 1201(f) is amended to give the Attorney General
the authority to ask for assistance from other civilian and
military agencies when necessary to enforce the hostage-taking
statute. The Attorney General may request assistance, notwith-
standing any statute, rule, or regulation to the contrary,
including the Posse Comitatus Act (18 U.S.C. 1385). This
authority parallels the authority already existing for other
exceptionally grave offenses, such as attacks on diplomats (18
U.S.C. 1201(f)), Members of Congress, Cabinet officers and
Supreme Court Justices (18 U.S.C. 351 (g)), the President, the
Vice President, and high level white house staff members (18
U.S.C. 1751). This authority is not necessary to implement the
Convention, and it would, of course, not be used in most situa-
tions. Nevertheless, there may be exceptional circumstances,
such as mass hostage-takings, in which the Department of Justice
would need assistance.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 33 -
A new subsection (g) is inserted at the end of 18 U.S.C.
1201 to make it clear that the new provision on hostage taking is
not intended to usurp the authority of state and local law
enforcement authorities. It is expected that most kidnapings and
hostage-takings will continue to be handled by those authorities
and that the federal government will not unnecessarily intervene
in situations that local authorities can handle. In addition,
the subsection specifically prevents the use of federal investi-
gative and prosecutorial resources in domestic altercations that
are traditionally the responsibility of the states. In the
unlikely event that terrorists were to take their own relatives
hostage in the United States, the exercise of state jurisdiction
would satisfy our obligations under the Convention.
Section 504+ amends section 2518(7) Of title 18 (part of
title III of the Omnibus Crime Control and Safe Streets Acts of
1968) to provide for emergency interceptions of wire or oral
communications in life endangering situations. A similar
provision was included in S. 829 and in S. 1640, 97th Cong., as
passed by the Senate on March 25, 1982.
Generally, Title III requires prior court authorization of
an interception of communications. However, 18 U.S.C. 2518(7)
permits an emergency interception without such prior authori-
zation under two types of emergency situations when there is not
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
- 34 -
time to obtain a court order: those involving either "conspira-
torial activities threatening the national security" or "con-
spiratorial activities characteristic of organized crime." The
absence of similar specific authority to intercept communications
in emergency situations in which there is an imminent threat to
human life has been of grave concern of law enforcement authori-
ties. Section 504 would amend 18 U.S.C. 2518(7) to provide such
.authority.
As noted in the Senate Report on S. 1640 (S. Rept. 97-319,
97th Cong., 2d Sess., 1982) there have been situations where the
need for such emergency authority was necessary and these
situation may, unfortunately, arise again. For example,
terrorists or other felons, while holding hostages, may use an
available telephone to arrange with associates a strategy to
force action on their demands or a plan of escape. Similarly,
there may be situations in which plans for an imminent murder are
learned, but the location or identity of the victim is unknown or
law enforcement authorities are otherwise unable to take measures
to assure his safety. In such situations, the interception of
communications may be necessary to protect the lives of the
hostages or victims, yet time for obtaining a court order may not
be available.
Section 505 provides that the provisions concerning hostage
taking (sections 501-503) will not become effective until the
Hostages Convention comes into effect for the United States.
This is because much of the authority of Congress to prohibit
hostage-taking flows from the Convention and the purpose of those
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
-35-
sections are to implement it. The emergency wiretap provision,
however, will become effective on enactment since it is in no way
dependent on the Hostage Convention.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
UNITED NATIONS: INTERNATIONAL CONVENTION AGAINST TEE
TAKING OF HOSTAGES*
UNITED NATIONS
GENERAL
ASSEMBLY
Thirty-fourth session
SIXTH C010271EE
Agenda item 113
A/C:6/34/L.23
h December-1979
DRAFTING OF AN INTERNATIONAL CONVENTION AGAINST
THE TAKING OF HOSTAGES _V
Federal Republic of Germany: draft resolution
The General Assembly,
Considering that the progressive development of international lav and its'=
codification contribute to the implementation of the purposes and principles .
set forth in Articles I and 2 of the Charter of the United Nations,
Mindful of the need to conclude, under the auspices of the United Nations,
an international convention against the taking of hostages,
Recalling its resolution 31/103 of 15 December 1976 by which it established
an Ad Hoc Committee on the Drafting of an International Convention against the
Taking of Hostages and requested it to draft at the earliest possible date an-
international convention against the taking of hostages,
Further recalling its resolutions.32/148 of 16 December 1977 and 33/19. of
29 November 1978,
Having considered the draft convention prepared by the Ad Hoc Committee in
pursuance of the above-mentioned resolutions, J
Adopts and opens for signature and ratification or for accession the
International Convention against the Taking of Hostage's, annexed to the present
resolution,
1/ Official Records of the General Assembly, Thirt -fourth Session, Su nleaent
No. 39 (A/34/39), sect..IV.
*[Reproduced from U.N. Document A/C.6/34/L.23 of December 4, 1979.
[The draft was approved by the Sixth Committee (Legal) of the
General Assembly on December 7, without vote. The General Assembly
adopted it as Resolution 34/146 on December 17, 1979, without vote.
There was a separate-vote on Article 9, with 125 in favor to 10
against, with 3 abstentions. It will be opened for signature on
December 18.1
Approved For Release 2008/11/07: CIA-RDP95BOO895ROO0300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
International Convention against the Taking of Hostages.
?1457
The States Parties to this Convention,
Having in mind the purposes and principles of the Charter of the United
Nations concerning the maintenance of international peace and security and. the
promotion of friendly. relations and co-operation among States,
Recognizing in particular that everyone has the right to life, liberty and
security of person, as set out in the Universal Declaration of Human Rights and
the International Covenant on Civil and Political Rights,
Reaffirming the principle of equal rights and self-determination of peoples
as enshrined in the Charter of the United Nations and the Declaration on
Principles of International Law concerning Friendly Relations and Co-operation
among States in accordance with the Charter of the United Nations, as well as in
other relevant ,resolutions .of the General Assembly'
Considering that the taking of hostages is an offence of grave concern to.the
international community and that, in accordance with the provisions of this
Convention, any person committing an act of hostage taking shall either be
prosecuted or extradited,
Being convinced that it is urgently necessary to develop international
co-operation between States in devising and adopting effective measures for the
prevention, prosecution and punishment of all acts of taking of hostages as
manifestations of international terrorism,
Have agreed as follows:
Article 1
1. Any person who seizes or detains and threatens to kill, to injure or to
-continue to detain another person (hereinafter referred to as the :'hostage') in
order to compel a third party, namely, a State, an-international intergovernmental
organization, a natural or juridical person, or a group of persons, to do or
abstain from doing any act as-an explicit or implicit condition for the release of
the hostage commits the offence of taking of hostages (`hostage-taking') within
the meaning of this Convention.
2. Any person who:
(a) attempts to commit an act of hostage-taking, or
(b) participates as an accomplice of anyone who commits or attempts to
commit an act of hostage-taking
likewise commits an offence for the purposes of this Convention.
:Article 2
Each 6tate party shall make the offences set forth in article 1 punishable
-y appropriate penalties which tie into account. the grave nature of those offences.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 cy ..,,. ---- -- Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
1458
Article
in the territory of which the hostage is held by the
The State Party appropriate to ease the situation of
iders after his release, to
measures it cons d
offender shall rrticaular, to secure his release an,
the hostage, in pa. arture-
when relevant , his 'dep
facilitate, a result of the taking
2. If any object which the offender has obtainthattsState party shall return
of a State Party-
of hostages comes into the cus o~ or the third party
it as soon as possible to the he hostage the case may be, or to the appropriate authorities thereof.
as
Article l ee 4
h
States parties shall co-operate in the prevention of the offences set fort
in article 1, particularly by: their
(a) "taking all practicable measures to prevent preparatioithin or ns in
illegal
'tories for the commission of tbitein theirs territoriesoutside
respective terrs including measures to prohi a instigate,
their territories, and organizations that encourage* es;
activities persons, groups tration of acts of
organize or e ngLB taking of hostages;
e in the pew
of administrative
information and co-ordinating the taking
(b) exchsnging vent the commission of those offences.
and other measures as appropriate to pre
Article
shall take such measures as may be necessary to which
1. Each State Party of the offences set forth in article 1
establish its jurisdiction over any
are committed:
board a ship or aircraft registered in that State',
in its territory or on appropriate, by
(a)
its nationals or, if that State considers it (b) by any of persons who have their habitual residence in its territory;
those stateless p act; or
c in order to compel that State to do or abstain from doing any
respect to a hostage who is a national of that State, if that State
(d) with rconsiders it appropriate.
be necessary
n cases
Each State party shall likewise take such measures as may
2. jurisdiction over the offences set forth in
itad ecle 1 ei xtradite in its territory to establish its 1 not where the alleged cif eement and is Paragraph 1 of this article.
him to any of the States
Convention does not exclude any criminal Jurisdictioa exercised in
3. This Caccordance with internal law.
A,rt=6
State Party
1. Upon being satisfied that off ndersis present shall, in accordance with
in the territory of which the allege
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 = Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
..i6 a/' cat, ?~~- ti' t l d 59
other measures to ensure his presence
s lays, take him into custody or take iminal or extradition proceedings to
r such time as is necessary to enable any cr preliminary inquiry into
instituted. That State Party shall immediately make a P
e facts.
2. The custody or other measures referred to in paragraph 1 of this article
a.ll be notified without delay directly or through the Secretary-General of the
sited rations to:
(a) the State where the offence was committed:
(b) the State against which compulsion has been directed or attempted*
(c) the State of which the natural or juridical person against whom
Dmpulsion has been directed or attempted is a national-
(d) the state of which the hostage is a national or in the territory of
b,.ich he has his habitual residence; if be is a
(e) the State of which theme ofgwhichoffender
haslhis habitual residence;
(f) the international intergovernmental
as been directed or attempted;
ll other States concerned.
)
organization against which compulsion
a
(is.
whom the measures referred to in paragraph 1 of this
3,~ Any person regarding
article are being taken shall be entitled:
with the nearest appropriate representative
(a) to communicate without delay
Df the State of which he is a national ohlothe Stateeinlthedterritory lof
such comm'.,mication or, if he is a stateless person,
+hich he has his habitual residence;
CO to be visited by a representative of that State.
I. The rights referred to in paragraph 3 of this article shall be exercised
of which
with the laws and regulations of the State in the territory to be given to the purposes for which the
in conformity
the alleged offender is present subject to the proviso, however, that the said laws
and regulations must enable full effect rights accorded under paragraph 3 of this article are intended.
5. The provisions of paragraphs 3 and k of this article shall be without
a claim to jurisdiction in
prejudice to the right of any State Party having
accordance with paragraph 1 (b) of article 55itotinvite g the International Committee
of the Red Cross to communicate with and vi
6. The State which makes the preliminarY inquiry contemplated in
1 of this article shall promptly report its findings to the States or
ora paragraph 2 of this article and indicate whether it
organi zation referred to in intends to exercise jurisdiction.
Article 7
where the alleged offender is prosecuted shall in accordance
The State party roceedings to'the Secretary-
with its lass communicate the final outcome of the p
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
General of the United Nations, who shall transmit the information to the other
States concerned and the international intergovernmental organizations concerned.
Article 8
1. The State Party in the territory of which the alleged offender is found
shall, if it does not extradite him, be obliged, without exception whatsoever and
whether or not the offence was committed in its territory, to submit the case to
its competent authorities for the purpose of prosecution, through proceedings in
accordance with the laws of that State. Those authorities shall take their
decision in the same manner as in the case of any ordinary offence of a grave
nature under the law of that State.
2. Any person regarding whom proceedings are being carried out in connexion
with any of the offences set forth in article 1 shall be guaranteed fair treatment
at all stages of the proceedings, including enjoyment of all the rights and
guarantees provided by the law of the State in the territory of which be is
present.
Article
1. A request for the extradition of an alleged offender, pursuant to this
Convention, shall not be granted if the requested State Party has substantial
grounds for believing:
(a) that the request for extradition for an offence set forth in article 1
has been made for the purpose of prosecuting or punishing a person on account of
his race, religion, nationality, ethnic origin or political opinion; or
(b)
(i)
that the person's position may be prejudiced: for any of the reasons mentioned in subparagraph (a) of this paragraph,
or
(ii) for the reason that communication with him by the appropriate authorities
of the State entitled to exercise rights of protection cannot be
effected.
2. '-With respect to the offences as defined in this Convention, the provisions
of all extradition treaties and arrangements applicable between States Parties are
modified as between States Parties to the extent that they are incompatible with
this Convention.
: Article 10 -
2. If a State Party which makes extradition conditional on the existence of
a treaty receives a request for extradition from another State Party with which it
has no extradition treaty, the requested State may at its option consider this
Conv+entioa as the legal basis for extradition in respect of the. offences set forth
.: L%: - . ~- . - . - . .. - -
1. 'The offences set forth in article 1 shall be deemed to be included as
extraditable offences in any extradition treaty existing between States Parties.
States Parties undertake to include such offences as extraditable offences in
every extradition treaty to be concluded between them.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
&461
in article 1. Extradition shall be subject to the other conditions provided by the
law of the requested State.
3. States Parties which do inot ze the make
offencest set forth in articlehI as
existence of a treaty shall recognize
e offences between themselves subject to the conditions provided by the
law of the requested State.
4. The offences set forth in article 1 shall be treated, for the purpose of
extradition between States Parties, as if they had been committed not only in the ories of
the
paragraph 1 of article required to
States place in which they occurred but also ce a ithterrit
establish their jurisdiction in a
Article 11
1. States Parties shall afford one another the greatest measure of
proceedings brought in respect of the
assistance in connexion with criminal
offences set forth in article 1, including the supply of all evidence at their
disposal necessary for the proceedings.
2. The provisions of paragraph 1 of this article shall not affect
obligations concerning mutual judicial assistance embodied in any other treaty.
Article 12
Of Var
victims In so far as the Geneva Conventions of 19+9 for the i protection
to a particular act
or the Additional Protocols to those Conventions are app
of hostage-taking, and in so far as States Parties to this Convention are bound
under those conventions to prosecute or hand ovr the
hostageetaking committed in,theecoursenof
Convention shall not apply to an a nd the Protocols
armed conflicts as defined in the Geneva Conventions of 1949 and the , of
paragraph
thereto, including armed conflicts mentioned in article 1,
Additional Protocol I of 1977, in which peoples are fighting against colonial
domination and alien occupation and against racist regimes in the exercise of of the
Uni their right of self-determination, Internationals LaW concern Bt~~dlY
on
Rations and the Declaration
Relations and Co-operation among States in accordance with the Charter of te
United Rations.
Article 13
This Convention shall not apply where the offence is committed within a single
State, the hostage and the alleged e~enderoare e nations of that State and the
alleged-offender is found in the territory
?_ -t-- Article 14 ..
Rothing in this Convention shall be construed as justifying the violation of
in
the territorial integrity or political independence of a State contravention of
the Charter of the United Nations.
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5"
Article 1
The provisions of this Convention shall not affect the application of the
Treaties on Asylum, in force at the date of the adoption this
Statenve Partyntion, this
between the States which are parties to those Treaties; but Convention may not invoke those Treaties with respect to another State Party to
this Convention which is not a party to those treaties.
Article 16
1. Any dispute between two or more States Parties concerning the
interpretation or application of this Convention which is not settled by
negotiation shall, at the request of one of them, be submitted to arb1ation. If
within six months from the date of the request for arbitration the thof those es
areas
unable to agree on the organization of the arbitration, any may refer the dispute to the International Court of Justice by request in
conformity with the Statute of the Court.
2. Each State may at the time of signature or ratification of this itself Convention or accession theret~'heeCOlth declare StatestPadoes not rties shallsnotrbe bound bound by
paragraph 1 of this article. which has made such a
paragraph 1 of this article with respect to any State Party
reservation.
3. Any State Party which has made a reservation in accordance with
ph 2 of this article may at any time withdraw that reservation by
notifific ct ation to the Secretary-General of the United Nations.
no
Article 17
This convention is open for signature by all States until ... at United
1
Nations Headquarters in New York. e in
o 2. This Convention is the ratification. ofsth eUnit dtRations.
ratification shall be deposited with
3. This Convention is open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 18
1. This Convention shall enter into force on the thirtieth cntodaer olloossioa
the date of deposit of the twenty-second instrument of
with the Secretary-General of the United Nations.
2. For each State ratifying or acceding to the Convention after the deposit on,
the
C of the twenty-second instrument of ratifier dion or eposit St to o~itstiasts~''ffient
enter into force on the thirtieth day af'~ posit by
of ratification or accession. - - -
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
Article 1.2 onvention by 'written notification to
denounce this Convention by written notification to
1. Any State Party may
the Secretary-?General of the United Nations-
2. Denunciation shall take effect one year following the date on which
notification is received by the Secretary-General of the United Nations.
Article 20 .
Chinese, English,
s Convention, of which the Arabic,. osited with
The texts are equally authentic, shall be dep
and of this
F.rench, Russian original
Spanish ationswho shall send certified copies
the Secretary-General of the United 2T,
thereof to all States,
the undersigned, being duly authorized thereto by their
WITNESS LTH OF' ed this convention, opened for signature at
respective Governments, have sign
New York on ?.-
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 Approved For Release 2008/11/07: CIA-RDP95BOO895R000300050021-5
~~.~~t ~_t i`~ 1?.-~'t,~" ~~ ~'?': `_ : =w- . ?~. ??' s3'~rf 4 ..i r _; ay:~' 'Y y4'}eTiC-^. ?:`r~#~
_ ~ t ti' M~.a TC~A ?' .u?
~~+. i'cS~r~tfe.~,..~5.i ri.'J~?- '~ ~ ! a _ S~'"'!~~?'wNkl..;~?:+~.__ ~~': ~ii~ ''&r~bsi}~- iP.'".L:`~:. ?~Y~~'2'= l~'t~.1~1Ss' w. M'..ac?~"~.Yr~~
Multilateral-Air Safety-Sept. 23, 1971
10HBIHaaa
0 bOPbbE C HE3AK0HHli 11=181, BnPABAEHH UV
nPOTHB BE301ACHOCTB TPAffiIAHCH00 ABl.I1HN
POAfl *M S YonpaaaS 23 csIVIOpa
1971 roAa
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
 App
oved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
r
ARTICLE 1
1. Any person commits an offence if he unlawfully and intentionally:
(a) performs an act of violence against a person on board an air-
craft in flight if that act is likely to endanger the safety of that
aircraft; or
(b) destroys an aircraft in service or causes damage to such an
aircraft which renders it incapable of flight or which is likely
to endanger its safety in flight; or
(c) places or causes to be placed on an aircraft in service, by any
means whatsoever, s device or substance which is ikrely to
destroy that aircraft, or to cause damage to it which ~ders
it incapable of flight, or to cause damage to it which is likely
to endanger its safety in flight; or
(d) destroys or damages air navigation facilities or interferes with
their operation, if any such act is likely to endanger the safety
of aircraft in flight; or
(e) communicates information which he knows to be false, thereby
endangering the safety of an aircraft in flight.
2. Any person also commits an offence if he:
(a) attempts to commit any of the offences mentioned in paragraph 1
of this Article; or
(b) is an accomplice of a person who commits or attempts to com-
mit any such offence.
AaTICLx 2
For the purposes of this Convention: at any time from the
(s) an aircraft is considered to be in flight moment when all its external doors are closed following em
Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
568 U.S. Treaties and Other International Agreements [24 UST
CONVENTION
FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST
THE SAFETY OF CIVIL AVIATION
The States Parties to this convention the safety of civil aviation
CONSIDERING that unlawful acts against
ffect the
seriously a
the peoples
jeopardize the air se ies, apnd undermine the confidence of
operation of air
of the world in the safety of civil aviation;
CON31DERING that the occurrence of such acts is a matter of grave
concern; such acts, there is
CONSIDtnd that, for the purpose deterring for punishment of
an urgent need to provide appropriate
offenders;
Have agreed as follows:
 Approved For Release 2008/11/07: CIA-RDP95B00895R000300050021-5
'i[s .~; r ^'F'~.~`k+:Jw,'`~.?=wct .r .~li.'K~ ^i Y.4"cwNt~~~'M~~?~?+i, 7~~l~rr.i~ ~ lip ~.~.,saJ.~~~..L+ ~.I.- r_..-- ^ 'i - - .~.': ~'~. r`"_'._