Page 493 - Trump Executive Orders 2017-2021

10196 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(a) Members of a military organization not wearing a disguise, dispatch drivers, whether
members of a military organization or civilians, and persons in ships or aircraft who carry out their
missions openly and who have penetrated enemy lines are not spies because, while they may have
resorted to concealment, they have not acted under false pretenses.
(b) A spy who, after rejoining the armed forces to which the spy belongs, is later captured
by the enemy incurs no responsibility for previous acts of spying.
(c) A person living in occupied territory who, without lurking, or acting clandestinely or
under false pretenses, merely reports what is seen or heard through agents to the enemy may be
charged under Article 103a with giving intelligence to or communicating with the enemy, but may
not be charged under this article as being a spy.
d. A1aximum punishment. Death or such other punishment as a court-martial or military
commission may direct.
e. Sample specification.
In that (personal jurisdiction data), was, (at/on board-location) (subject-matter
jurisdiction, ifrequired), on or about 20 _,a time of war, found (lurking) (acting) as a spy
(in) (about) (in and about) , (a (fortification) (port) (base) (vessel) (aircraft)
within the (control) Gurisdiction) (control and jurisdiction) of an armed force of
the United States, to wit: (a (shipyard) (manufacturing plant) (industrial plant)
engaged in work in aid of the prosecution of the war by the United States)
'-------''for the purpose of (collecting) (attempting to collect) information in regard to the
[(numbers) (resources) (operations) (_) of the armed forces of the United States] [(military
production) of the United States] [ ], with intent to impat1 the same to the enemy.

32. Article 103a (10 U.S.C. 903a)-Espionage
a. 1 ext of statute.
(a)(1) Any person subject to this chapter who, with intent or reason to believe that it
is to be used to the injury of the United States or to the advantage of a foreign nation,
communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to
any entity described in paragraph (2), either directly or indirectly, anything described in
paragraph (3) shall be punished as a court-martial may direct, except that if the accused is
found guilty of an offense that directly concerns (A) nuclear weaponry, military spacecraft
or satellites, early warning systems, or other means of defense or retaliation against large
scale attack, (B) war plans, (C) communications intelligence or cryptographic information,
or (D) any other major weapons system or majo1· element of defense strategy, the accused
shall be punished by death or such other punishment as a court-martial may direct.
(2) An entity referred to in paragraph (1) is-
(A) a foreign government;
(B) a faction or party or military or naval force within a foreign
country, whether recognized or unrecognized by the United States; or
(C) a representative, officer, agent, employee, subject, or citizen of such
a government, faction, party, or force.
(3) A thing referred to in paragraph (1) is a document, writing, code book,
signal bool{, sketch, photograph, photographic negative, blueprint, plan, map, model, note,
instrument, appliance, or information •·elating to the national defense.
(b)(l) No person may be sentenced by court-martial to suffer death for an offense
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under this section (article) unless-

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