§ 224. Passport required of citizens. After such proclamation as is provided for by the preceding section has been made and published and while said proclamation is in force, it shall, except as otherwise provided by the President, and subject to such limitations and exceptions as the President may authorize and prescribe, be unlawful for any citizen of the United States to depart from or enter or attempt to depart from or enter the United States unless he bears a valid passport. (May 22, 1918, c. 81, § 2, 40 Stat. 559.) Editorial comment.-This section may have ceased to be operative as not coming within the extension provision contained in section 227, post, of this title. Historical Note See historical note to section 223, ante, of this title. Any person § 225. Penalty for violation of war-time restrictions. who shall willfully violate any of the provisions of the two preceding sections, or of any order or proclamation of the President promulgated, or of any permit, rule, or regulation issued thereunder, shall, upon conviction, be fined not more than $10,000, or, if a natural person, imprisoned for not more than twenty years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation shall be punished by like fine or imprisonment, or both; and any vehicle or any vessel, together with its or her appurtenances, equipment, tackle, apparel, and furniture, concerned in any such violation, shall be forfeited to the United States. (May 22, 1918, c. 81, § 3, 40 Stat. 559.) Historical Note See historical note to section 223, ante, of this title. Notes of Decisions 1. Whether continued in force by section 227, post, of this title.-See, also, notes of decisions under section 227 of this title. Criminal liability under this section held not extended beyond war period by Act March 2, 1921, § 1 (section 227 of this title), that act merely extending the regulatory provisions of Act May 22, 1918, c. 81 (sections 223-226 of this title). Flora v. Rustad (C. C. A. Minn. 1925) 8 F. (2d) 335. Act March 2, 1921, § 1 (section 227 of this title) continued in force indefinitely into the peace period, Act May 22, 1918, including the penal provisions thereof, in so far as the same related to requiring passports and visés from aliens seeking to enter the United States. Thereafter it was lawful to impose restrictions upon all aliens seeking to enter the United States and to impose penalties for a violation thereof. Bennedsen V. Nelson (D. C. Minn. 1924) 2 F. (2d) 296. 2. Effect of resolution terminating wartime legislation.-Under sections 223-226 of this title, defendant's entry without a proper passport required by an executive order thereunder was within the saving clause of the Joint Resolution of March 3, 1921, declaring certain wartime acts, regulations, and prohibitions terminated, but providing that this should not exempt from prosecution or relieve from punishment for offenses committed in violation of the acts repealed. Sichofsky v. U. S. (C. C. A. Cal. 1922) 277 F. 762, affirming Ex parte Sichofsky (D. C. Cal. 1921) 273 F. 694. § 226. "United States" and "person" as used in war-time restriction defined. The term "United States" as used in the three preceding sections includes the Canal Zone and all territory and waters, continental or insular, subject to the jurisdiction of the United States. The word "person" as used herein shall be deemed to mean any individual, partnership, association, company, or other unincorporated body of individuals, or corporation, or body politic. (May 22, 1918, c. 81, § 4, 40 Stat. 559.) Historical Note See historical note to section 223, ante, of this title. § 227. Regulations as to alien passport requirements continued. The provisions of the Act approved May 22, 1918, being the four preceding sections, shall, in so far as they relate to requiring passports and visas from aliens seeking to come to the United States, continue in force and effect until otherwise provided by law. (Mar. 2, 1921, c. 113, § 1, 41 Stat. 1217.) Historical Note From the Diplomatic and Consular Service Appropriation Act for the year 1922, cited above. Notes of Decisions 1. Effect of this section in general.— Alien unlawfully entering United States in July, 1924, held not subject to criminal liability therefor under Act May 22, 1918 (sections 223-226 of this title), such liability not being extended beyond war period, by this section; and Immigration Act May 26, 1924, continuing policy of deportation, and manifesting no intention that an alien shall be subjected in times of peace, first to a term of imprisonment, and then deported on its expiration. Flora v. Rustad (C. C. A. Minn. 1925) 8 F. (2d) 335; wherein the court said: "Plainly, the clause relied on by the district attorney (this section) does not continue in express terms criminal liability of an alien under the Act of May 22, 1918 (sections 223-236 of this title), for entering without a passport, when the United States is not at war. We are asked to so construe it. A statute passed for a special purpose and effective during named conditions and for a limited time may be extended, of course, by a later statute to be effective without limit and without conditions. It may be extended in its entirety or in part, or as to all of its subject-matter or part thereof. It is clear that the whole act was not extended as a peace measure, nor were the limitations and restrictions on the departure and entry of citizens extended by the Act of March 2, 1921 (this section). By section 2 of the Act of May 22, 1918 (section 224 of this title), a citizen was subject to prosecution, fine and imprisonment if he departed from or entered the United States after the issuance of the President's proclamation and his order imposing restrictions and limitations, unless he bore a valid passport. The effect of the proviso (this section) was to except, by necessary implication, from regulatory control under the Act of May 22, 1918, all citizens who might thereafter enter, continuing in force, however, the requirement that only aliens having passports might enter; and that was retained for regulatory purposes, without any legislative expression on the subject of criminal liability for entry without a passport." Executive order of the President of January 12, 1925, requiring all aliens, being nonimmigrants, to present as a condition of entry into the country passports duly visaed by consular officers of the United States, and rule 42 of the Secretary of State of September 30, 1925, made pursuant to such order, instructing consuls, before issuing visitors visas, to satisfy themselves of the temporary nature of the proposed visit, held authorized by Act March 2, 1921 (this section), and effective, and under them the issuance of a visa by a consul is not a ministerial act, but involves discretion and his discretion cannot be controlled or reviewed by the courts. U. S. v. Phelps (D. C. Vt. 1926) 14 F. (2d) 679. Petitioner entered the United States clandestinely from Canada, in July, 1924. Act May 22, 1918 (sections 223-226 of this title), provided that, while the United States was at war, the President should be authorized to impose restrictions upon the entry of aliens into the United States, or upon their departure therefrom. By appropriate action, President Wilson restricted the entry from Canada of hostile aliens only, unless on presentation of passport duly viséed by a proper officer of the United States. Held, that Act March 2, 1921, § 1 (this section) continued in force indefinitely into the peace period, Act May 22, 1918, including the penal provisions thereof, in so far as the same related to requiring passports and visés from aliens seeking to enter the United States. Thereafter it was lawful to impose restrictions upon all aliens seeking to enter the United States and to impose penalties for a violation thereof. Bennedsen v. Nelson (D. C. Minn. 1924) 2 F. (2d) 296. 2. Effect of "Immigration Act of 1924" (section 201 et seq., of Title 8, Aliens and Citizenship).—The power given the Presi dent by the War Act of May 22, 1918, § 1 (section 223 of this title) by proclamation to impose additional restrictions on the departure of persons from and their entry into the United States, continued in effect by this section, "until otherwise provided by law," was terminated as to immigrants by Immigration Act 1924 (section 201 et seq. of Title 8, Aliens and Citizenship). Johnson v. Keating ex rel. Tarantino (C. C. A. Mass. 1926) 17 F. (2d) 50. The Immigration Act of 1924 (section 201 et seq. of Title 8, Aliens and Citizenship) appears to cover fully the subject of entry of aliens into the United States. Flora v. Rustad (C. C. A. Minn. 1925) 8 F. (2d) 335. 3. Effect of resolution terminating wartime législation.-Act May 22, 1918, § 1 (section 223 of this title) making it unlawful during war for any alien to enter or depart from United States, except under regulations prescribed by the President, which was continued in force by this section, and the passport regulations prescribed pursuant thereto, were not abrogated by Joint Resolution of March 3, 1921, 41 Stat. 1359 (omitted from the Code as obselete) fixing date of termination of war. Takeyo Koyama v. Burnett (C. C. A. Hawaii, 1925) 8 F.(2d) 940. The effect of this section was to remove provisions relating to requiring passports and visés from aliens seeking to come to the United States, from the class of so-called "war legislation," so that they were not terminated by the Joint Resolution of March 3, 1921, providing that any act or provision by its terms in force only during the existence of a state of war should be construed as if the war terminated on the date the resolution became effective. U. S. v. Wallis (D. C. N. Y. 1921) 278 F. 838, affirmed (C. C. A. 1921) 278 F. 840. 4. Effect of termination of hostilities.Sections 223-226 of this title had not become inoperative, where, at the time sentence was imposed on defendant, no treaty of peace had been made, the declaration of war had not been repealed, and American troops were still on German soil. Sichofsky v. U. S. (C. C. A. Cal. 1922) 277 F. 762, affirming Ex parte Sichofsky (D. C. Cal. 1921) 273 F'. 694. CHAPTER 5.-PRESERVATION OF FRIENDLY FOREIGN RELATIONS GENERALLY For provisions penalizing possession or control of property or papers, in aid of foreign government, designed or intended for violating penal statutes, treaty rights or obligations of United States, or rights under the law of nations, see section 98 of Title 18, Criminal Code and Criminal Procedure. See, also, cross-reference under section 231, post, of this title. Section 231. Making false statement to influence conduct of foreign government toward United States. Whoever, in relation to any dispute or controversy between a foreign government and the United States, shall willfully and knowingly make any untrue statement, either orally or in writing, under oath before any person authorized and empowered to administer oaths, which the affiant has knowledge or reason to believe will, or may be used to influence the measures or conduct of any foreign government, or of any officer or agent of any foreign government, to the injury of the United States, or with a view or intent to influence any measure of or action by the Government of the United States, or any branch thereof, to the injury of the United States, shall be fined not more than $5,000 or imprisoned not more than five years, or both. (June 15, 1917, c. 30, Title VIII, § 1, 40 Stat. 226.) Historical Note This section and sections 232-235, post, of this title, were part of "An act to punish acts of interference with the foreign relations, the neutrality, and the for eign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes," cited to the text. Said sections constituted title VIII of said act, and were preceded in the act as enacted by the subtitle "Disturbance of Foreign Relations." Cross-References For provision punishing correspondence, by citizen, directly or indirectly, with any foreign government, with intent to influence the measures or conduct of such government in relation to disputes or controversies with the United States, see section 5 of Title 18, Criminal Code and Criminal Procedure. § 232. Wrongful assumption of character of diplomatic or consular officer. Whoever within the jurisdiction of the United States shall falsely assume or pretend to be a diplomatic or consular, or other official of a foreign government duly accredited as such to the Government of the United States with intent to defraud such foreign government or any person, and shall take upon himself to act as such, or in such pretended character shall demand or obtain, or attempt to obtain from any person or from said foreign government, or from any officer thereof, any money, paper, document, or other thing of value, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (June 15, 1917, c. 30, Title VIII, § 2, 40 Stat. 226.) Historical Note See historical note to section 231, ante, of this title. § 233. Acting as foreign governmental agent without notice to Secretary of State. Whoever, other than a diplomatic or consular officer or attaché, shall act in the United States as an agent of a foreign government without prior notification to the Secretary of State shall be fined not more than $5,000, or imprisoned not more than five years, or both. (June 15, 1917, c. 30, Title VIII, § 3, 40 Stat. 226.) Historical Note See historical note to section 231, ante, of this title. § 234. Conspiracy to injure property of foreign government; indictment. If two or more persons within the jurisdiction of the United States conspire to injure or destroy specific property situated within a foreign country and belonging to a foreign government or to any political subdivision thereof with which the United States is at peace, or any railroad, canal, bridge, or other public utility so situated, and if one or more such persons commits an act within the jurisdiction of the United States to effect the object of the conspira |