Page 495 - Trump Executive Orders 2017-2021

10198 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(1) Intent. "Intent or reason to believe that the information is to be used to the injury of the
United States or to the advantage of a foreign nation" means that the accused acted in bad faith
and without lawful authority with respect to information that is not lawfully accessible to the
public.
(2) National defense information. "Instrument, appliance, or information relating to the national
defense" includes the full range of modern technology and matter that may be developed in the
future, including chemical or biological agents, computer technology, and other matter related to
the national defense.
(3) Espionage as a capital Q[fense. Capital punishment is authorized if the government alleges
and proves that the offense directly concemed (1) nuclear weaponry, military spacecraft or
satellites, early waming systems, or other means of defense or retaliation against large scale attack,
(2) war plans, (3) communications intelligence or cryptographic information, or (4) any other
major weapons system or major element of defense strategy. See R.C.M. 1004 concerning
presentencing proceedings in capital cases.
d. Maximum punishment.
(1) F:spionage as a capital offense. Death or such other punishment as a court-martial may
direct.
(2) F:spionage or alfempted espionage. Any punishment, other than death, that a court-martial
may direct.
e. Sample spec{fication.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction, if required), on or about 20 _, with intent or reason to believe it would
be used to the injury of the United States or to the advantage of , a foreign nation,
(attempt to) (communicate) (deliver) (transmit) (description of item), (a document)
(a writing) (a code book) (a sketch) (a photograph) (a photographic negative) (a blueprint) (a plan)
(a map) (a model) (a note) (an instrument) (an appliance) (information) relating to the national
defense, [(which directly concerned (nuclear weaponry) (military spacecraft) (military satellites)
(early waming systems) a means of defense or retaliation against a large scale
attack) (war plans) (communications intelligence) (cryptographic information)(_, a major
weapons system) a major element of defense strategy)] to ((a representative
of) (an officer of) (an agent of) (an employee of) (a subject of) (a citizen of)) ((a foreign
government) (a faction within a foreign country) (a party within a foreign country) (a military force
within a foreign country) (a naval force within a foreign country)) (indirectly by _____ ,

33. Article 103b (10 U.S.C. 903b)-Aiding the enemy
a. Text ofstatute.
Any person who-
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies,
money, or other things; or
(2) without proper authority, knowingly harbors or protects or gives
intelligence to, or communicates or corresponds with or holds any intercourse with the
enemy, either directly or indirectly;
shall suffer death or such other punishment as a court-martial or military commission may
direct. This section does not apply to a military commission established under chapter 47 A
of this title.
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b. Elements.

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