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government personnel, as well as conduct by private citizens having no relation
to the U.S. government. In addition, subsection (a), dealing with conspiracies
within the United States, applies to "any other person," whether or not a United
States citizen. Noncitizens who conspire within the United States to assassi-
nate a foreign official clearly come within the jurisdiction of U.S. law. Sub-
sections (b) through (d), which deal with conduct outside the United States, apply
to U.S. citizens, and to officers or employees of the United States, whether or
not they are citizens. Criminal liability for conduct outside the United States
of persons who are not U.S. citizens or who do not hold a position as a officer
or employee of the United States are matters for the law of the place where such
conduct takes place.

The term "foreign official" is defined in subsection (d) (2). The defini-
tion makes it clear that the offense may be committed even though the official
belongs to an insurgent force, an unrecognized government, or a non-governmental
political party. Our investigation -- as well as the reality of international
politics -- has shown that officials in such organizations are potential targets
for assassination.*/

The offenses are limited to conduct aimed at such persons because of their
official duties or status, or their political views, actions, or statements. Thus,
for example, a conspiracy to kill or the killing of a foreign official, which is
not politically motivated would not be punishable under this statute.

The definition of official in section (d) (2) also provides that such per-
son must be an official of a foreign government or movement "with which the
United States is not at war or against which the United States Armed Forces have

*/For example, Lumumba was not an official of the Congolese government at the
time of the plots against his life, and Trujillo, though the dictator, held no
official governmental position in the latter period of his regime.

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