18 U.S.C. § 959: Enlistment in foreign service

Summary

It is a crime for anyone in the United States to join, or hire someone to join, a foreign army, navy, or crew of a warship or privateer, or to go abroad to do so. A person who does this can be fined under federal law, jailed for up to three years, or both. People who are citizens of a foreign country that is at war with a country the U.S. is also at war with are not covered by this rule, unless they recruit U.S. citizens; those enlistments must follow rules set by the Secretary of the Army. Also, foreign visitors passing through the U.S. may join a foreign warship that was already armed and equipped on arrival, or hire another such visitor to join, if the U.S. is at peace with that country.

Title 18, §959

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Whoever, within the United States, enlists or enters himself, or hires or retains another to enlist or enter himself, or to go beyond the jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people as a soldier or as a marine or seaman on board any vessel of war, letter of marque, or privateer, shall be fined under this title or imprisoned not more than three years, or both.

(b)This section shall not apply to citizens or subjects of any country engaged in war with a country with which the United States is at war, unless such citizen or subject of such foreign country shall hire or solicit a citizen of the United States to enlist or go beyond the jurisdiction of the United States with intent to enlist or enter the service of a foreign country. Enlistments under this subsection shall be under regulations prescribed by the Secretary of the Army.

(c)This section and section 960 and 961 of this title shall not apply to any subject or citizen of any foreign prince, state, colony, district, or people who is transiently within the United States and enlists or enters himself on board any vessel of war, letter of marque, or privateer, which at the time of its arrival within the United States was fitted and equipped as such, or hires or retains another subject or citizen of the same foreign prince, state, colony, district, or people who is transiently within the United States to enlist or enter himself to serve such foreign prince, state, colony, district, or people on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district, or people.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 22, 30 (Mar. 4, 1909, ch. 321, §§ 10, 18, 35 Stat. 1089, 1091; May 7, 1917, ch. 11, 40 Stat. 39). Section consolidates said sections of title 18, U.S.C., 1940 ed. Last sentence of section 30 of title 18, U.S.C., 1940 ed., relating to piracy and treason, was omitted as unnecessary. Words “within the United States” were substituted for “within the jurisdiction” etc., in view of the definition of United States in section 5 of this title. References in subsection (c) to section 960 and 961 of this title are to the only other sections to which the subsection can apply. Mandatory punishment provision was rephrased in the alternative. Minor changes were made in phraseology.

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”.

§959 Enlistment in Foreign Service