PUBLIC LAW 109–481—JAN. 12, 2007 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. 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:

‘‘§ 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.

18 USC 1 note.

Geneva

Distinctive

Emblems

Protection Act of

2006.

Jan. 12, 2007

[H.R. 6338]

120 STAT. 3674 PUBLIC LAW 109–481—JAN. 12, 2007

LEGISLATIVE HISTORY—H.R. 6338:

CONGRESSIONAL RECORD, Vol. 152 (2006):

Dec. 5, considered and passed House.

Dec. 8, considered and passed Senate.

Æ

‘‘(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.