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Sunday, February 7, 2010

Conducting Foreign Relations Without Authority: The Logan Act

Michael V. Seitzinger
Legislative Attorney

The Logan Act, codified at 18 U.S.C. § 953, states: 

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both. 

This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects. 

The Logan Act was intended to prohibit United States citizens without authority from interfering in relations between the United States and foreign governments. There appear to have been no prosecutions under the act in its more than 200 year history. However, there have been a number of judicial references to the act, and it is not uncommon for it to be used as a point of challenge concerning dealings with foreign officials. Although attempts have been made to repeal the act, it remains law and at least a potential sanction to be used against anyone who without authority interferes in the foreign relations of the United States. 



Date of Report: January 20, 2010
Number of Pages: 13
Order Number: RL33265
Price: $29.95

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