The Nolan Act & John Kerry

Since it has come to light than former Secretary of State John Kerry has been meeting with the government of Iran, which seems to be in response to the cancelation of the Iran nuclear agreement that he negotiated during the Obama administration. Some in the Congress have raised the question as to whether he is in violation of the “Nolan Act”. I now present the statute as it is written.

United States Code Title 18; Part 1-Crimes; Chapter 45

 §953. Private correspondence with foreign governments
Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.
This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects.
(June 25, 1948, ch. 645, 62 Stat. 744 ; Pub. L. 103–322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147 .)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §5 (Mar. 4, 1909, ch. 321, §5, 35 Stat. 1088 ; Apr. 22, 1932, ch. 126, 47 Stat. 132 ).
The reference to any citizen or resident within the jurisdiction of the United States not duly authorized “who counsels, advises or assists in such correspondence with such intent” was omitted as unnecessary in view of definition of principal in section 2.
Mandatory punishment provision was rephrased in the alternative.
Minor changes of arrangement and in phraseology were made.
Amendments
1994-Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000” in first par.

§954. False statements influencing foreign government
Whoever, in relation to any dispute or controversy between a foreign government and the United States, willfully and knowingly makes any untrue statement, either orally or in writing, under oath before any person authorized and empowered to administer oaths, which the affiant has knowledge or reason to believe will, or may be used to influence the measures or conduct of any foreign government, or of any officer or agent of any foreign government, to the injury of the United States, or with a view or intent to influence any measure of or action by the United States or any department or agency thereof, to the injury of the United States, shall be fined under this title or imprisoned not more than ten years, or both.
(June 25, 1948, ch. 645, 62 Stat. 744 ; Pub. L. 103–322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147 .)
Historical and Revision Notes
Based on section 231 of title 22, U.S.C., 1940 ed., Foreign Relations and Intercourse (June 15, 1917, ch. 30, title VIII, §1, 40 Stat. 226 ; Mar. 28, 1940, ch. 72, §6, 54 Stat. 80 ).
Mandatory punishment provision was rephrased in the alternative.
Words “department or agency” were added to eliminate any possible ambiguity as to scope of section. (See definitive section 6 of this title.)
Minor changes were made in phraseology.
Amendments
1994-Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.

THE COMMENTARY GAZETTE®

SOURCE: (HoR) Office of the Law Revision Council: United States Code
CONTRIBUTOR: Eddy Toorall

Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.