§11 . Foreign government defined

The term "foreign government", as used in this title except in sections 112, 878, 970, 1116, and 1201, includes any government, faction, or body of insurgents within a country with which the United States is at peace, irrespective of recognition by the United States.

(June 25, 1948, ch. 645, 62 Stat. 686 ; Oct. 8, 1976, Pub. L. 94–467, §11, 90 Stat. 2001 .)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§98, 288, 349; section 235 of title 22 U.S.C., 1940 ed., Foreign Relations and Intercourse; section 41 of title 50, U.S.C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title VIII, §4, 40 Stat. 226 ).

The definition of "foreign government" contained in this section, with minor changes in phraseology, is from section 4 of title VIII of act June 15, 1917 (Ch. 30, 40 Stat. 217, 226), known as the Espionage Act of 1917. This definition was incorporated in sections 98, 288, and 349 of title 18 and in section 235 of title 22, Foreign Relations and Intercourse, and in section 41 of Title 50, War and National Defense, U.S.C., all in 1940 ed., since the definition was specifically enacted with reference to said sections and others not material here.

The remaining provisions of said sections 98 and 349 of title 18, U.S.C., 1940 ed., which were derived from sources other than said section 4 of title VIII of the act of June 15, 1917, are incorporated in sections 502 and 957 of this title.

Amendments

1976-Pub. L. 94–467 inserted "except in sections 112, 878, 970, 1116, and 1201" after "title".

Canal Zone

Applicability of section to Canal Zone, see section 14 of this title.

Federal Rules of Criminal Procedure

Foreign relations, etc., grounds for issuance of search warrant, see rule 41, Appendix to this title.

Subpoena, circumstances and manner of service abroad, see rule 17.

Witnesses in foreign country, nonapplicability of rules to proceedings against witness, see rule 54.

Cross References

Extradition, certification of amounts to be paid by foreign government on account of fees and costs, see section 3195 of this title.

Foreign relations generally, see section 951 et seq. of this title.

Transportation, sale or receipt of stolen securities, application to obligations of foreign government, see sections 2314, 2315 of this title.

Section Referred to in Other Sections

This section is referred to in section 14 of this title.