Page 490 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10193

with higher authority, those facts will constitute proper authority to surrender. The offense may be
committed whenever there is sufficient contact with the enemy to give the opportunity of making
an offer of surrender and it is not necessary that an engagement with the enemy be in progress. It
is unnecessary to prove that the offer was received by the enemy or that it was rejected or accepted.
The sending of an emissary charged with making the offer or surrender is an act sufficient to prove
the offer, even though the emissary does not reach the enemy.
(4) Enemy. For a discussion of"enemy," see subparagraph 27.c.(l)(b ).
d. Jlvfaximum punishment. All offenses under Article 100. Death or such other punishment as a
court-martial may direct.
e. Sample spec{fications.
(I) Compelling surrender or attempting to compel surrender.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction, if required), on or about 20 _, (attempt to) compel
the commander of (to give up to the enemy) (to abandon) said
-----:----' by-----
(2) Striking the colors or.flag.
In that (personal jurisdiction data), did, (at/on board-location)
(subject-matter jurisdiction, if required), on or about 20 _, without proper authority, offer
to surrender to the enemy by (striking the (colors) (flag)) L_).

29. Article 101 (10 U.S.C. 901)-lmproper use of countersign
a. Text ofstatute.
Any person subject to this chaptet· who in time of war discloses the parole or
countersign to any person not entitled to receive it or who gives to another who is entitled to
receive and use the parole or countersign a different parole or countersign from that which,
to his knowledge, he was authorized and required to give, shall be punished by death or such
other punishment as a court-martial may direct.
b. F:lements.
(1) Disclosing the parole or countersign to one not entitled to receive it.
(a) That, in time of war, the accused disclosed the parole or countersign to a person,
identified or unidentified; and
(b) That this person was not entitled to receive it.
(2) Giving a parole or countersign different from that authorized.
(a) That, in time of war, the accused knew that the accused was authorized and required to
give a certain parole or countersign; and
(b) That the accused gave to a person entitled to receive and use this parole or countersign
a different parole or countersign from that which the accused was authorized and required to give.
c. t,J<planation.
(1) Countersign. A countersign is a word, signal, or procedure given from the principal
headquarters of a command to aid guards and sentinels in their scrutiny of persons who apply to
pass the lines. It consists of a secret challenge and a password, signal, or procedure.
(2) Parole. A parole is a word used as a check on the countersign; it is given only to those who
are entitled to inspect guards and to commanders of guards.
(3) Who may receive countersign. The class of persons entitled to receive the countersign or
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parole will expand and contract under the varying circumstances of war. Who these persons are
will be determined largely, in any particular case, by the general or special orders under which the

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