[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 3673

Public Law 109-481
109th Congress

An Act


 
To amend title 18, United States Code, to prevent and repress the misuse
of the Red Crescent distinctive emblem and the Third Protocol (Red
Crystal) distinctive emblem.  NOTE: Jan. 12, 2007 -  [H.R. 6338]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,  NOTE: Geneva
Distinctive Emblems Protection Act of 2006.

SECTION 1.  NOTE: 18 USC 1 note.  SHORT TITLE.

This Act may be cited as the ``Geneva Distinctive Emblems Protection
Act of 2006''.

SEC. 2. GENEVA DISTINCTIVE EMBLEMS.

(a) In General.--Chapter 33 of title 18, United States Code, is
amended by inserting after section 706 the following:

``Sec. 706a. Geneva distinctive emblems

``(a) Whoever wears or displays the sign of the Red Crescent or the
Third Protocol Emblem (the Red Crystal), or any insignia colored in
imitation thereof for the fraudulent purpose of inducing the belief that
he is a member of or an agent for an authorized national society using
the Red Crescent or the Third Protocol Emblem, the International
Committee of the Red Cross, or the International Federation of Red Cross
and Red Crescent Societies shall be fined under this title or imprisoned
not more than 6 months, or both.
``(b) Except as set forth in section (c) and (d), whoever, whether a
corporation, association, or person, uses the emblem of the Red Crescent
or the Third Protocol Emblem on a white ground or any sign or insignia
made or colored in imitation thereof or the designations `Red Crescent'
or `Third Protocol Emblem' shall be fined under this title or imprisoned
not more than 6 months, or both.
``(c) The following may use such emblems and designations consistent
with the Geneva Conventions of August 12, 1949, and, if applicable, the
Additional Protocols:
``(1) Authorized national societies that are members of the
International Federation of Red Cross and Red Crescent Societies
and their duly authorized employees and agents.
``(2) The International Committee of the Red Cross and its
duly authorized employees and agents.
``(3) The International Federation of Red Cross and Red
Crescent Societies and its duly authorized employees and agents.

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120 STAT. 3674

``(4) The sanitary and hospital authorities of the armed
forces of State Parties to the Geneva Conventions of August 12,
1949.

``(d) This section does not make unlawful the use of any such
emblem, sign, insignia, or words which was lawful on or before December
8, 2005, if such use would not appear in time of armed conflict to
confer the protections of the Geneva Conventions of August 12, 1949,
and, if applicable, the Additional Protocols.
``(e) A violation of this section or section 706 may be enjoined at
the civil suit of the Attorney General.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 33 of title 18, United States Code, is amended by inserting
after the item relating to section 706 the following new item:

``706a. Geneva distinctive emblems.''.

Approved January 12, 2007.

LEGISLATIVE HISTORY--H.R. 6338:
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CONGRESSIONAL RECORD, Vol. 152 (2006):
Dec. 5, considered and passed House.
Dec. 8, considered and passed Senate.