CITE

    18 USC Sec. 713                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

HEAD

    Sec. 713. Use of likenesses of the great seal of the United States,
      the seals of the President and Vice President, the seal of the
      United States Senate, the seal of the United States House of
      Representatives, and the seal of the United States Congress

STATUTE

      (a) Whoever knowingly displays any printed or other likeness of
    the great seal of the United States, or of the seals of the
    President or the Vice President of the United States, or the seal
    of the United States Senate, or the seal of the United States House
    of Representatives, or the seal of the United States Congress, or
    any facsimile thereof, in, or in connection with, any
    advertisement, poster, circular, book, pamphlet, or other
    publication, public meeting, play, motion picture, telecast, or
    other production, or on any building, monument, or stationery, for
    the purpose of conveying, or in a manner reasonably calculated to
    convey, a false impression of sponsorship or approval by the
    Government of the United States or by any department, agency, or
    instrumentality thereof, shall be fined under this title or
    imprisoned not more than six months, or both.
      (b) Whoever, except as authorized under regulations promulgated
    by the President and published in the Federal Register, knowingly
    manufactures, reproduces, sells, or purchases for resale, either
    separately or appended to any article manufactured or sold, any
    likeness of the seals of the President or Vice President, or any
    substantial part thereof, except for manufacture or sale of the
    article for the official use of the Government of the United
    States, shall be fined under this title or imprisoned not more than
    six months, or both.
      (c) Whoever, except as directed by the United States Senate, or
    the Secretary of the Senate on its behalf, knowingly uses,
    manufactures, reproduces, sells or purchases for resale, either
    separately or appended to any article manufactured or sold, any
    likeness of the seal of the United States Senate, or any
    substantial part thereof, except for manufacture or sale of the
    article for the official use of the Government of the United
    States, shall be fined under this title or imprisoned not more than
    six months, or both.
      (d) Whoever, except as directed by the United States House of
    Representatives, or the Clerk of the House of Representatives on
    its behalf, knowingly uses, manufactures, reproduces, sells or
    purchases for resale, either separately or appended to any article
    manufactured or sold, any likeness of the seal of the United States
    House of Representatives, or any substantial part thereof, except
    for manufacture or sale of the article for the official use of the
    Government of the United States, shall be fined under this title or
    imprisoned not more than six months, or both.
      (e) Whoever, except as directed by the United States Congress, or
    the Secretary of the Senate and the Clerk of the House of
    Representatives, acting jointly on its behalf, knowingly uses,
    manufactures, reproduces, sells or purchases for resale, either
    separately or appended to any article manufactured or sold, any
    likeness of the seal of the United States Congress, or any
    substantial part thereof, except for manufacture or sale of the
    article for the official use of the Government of the United
    States, shall be fined under this title or imprisoned not more than
    six months, or both.
      (f) A violation of the provisions of this section may be enjoined
    at the suit of the Attorney General,
        (1) in the case of the great seal of the United States and the
      seals of the President and Vice President, upon complaint by any
      authorized representative of any department or agency of the
      United States;
        (2) in the case of the seal of the United States Senate, upon
      complaint by the Secretary of the Senate;
        (3) in the case of the seal of the United States House of
      Representatives, upon complaint by the Clerk of the House of
      Representatives; and
        (4) in the case of the seal of the United States Congress, upon
      complaint by the Secretary of the Senate and the Clerk of the
      House of Representatives, acting jointly.

SOURCE

    (Added Pub. L. 89-807, Sec. 1(a), Nov. 11, 1966, 80 Stat. 1525;
    amended Pub. L. 91-651, Sec. 1, Jan. 5, 1971, 84 Stat. 1940; Pub.
    L. 102-229, title II, Sec. 210(a)-(d), Dec. 12, 1991, 105 Stat.
    1717; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(E), Sept. 13,
    1994, 108 Stat. 2146; Pub. L. 105-55, title III, Sec. 308(a)-(d),
    Oct. 7, 1997, 111 Stat. 1198.)

AMENDMENTS

      1997 - Pub. L. 105-55, Sec. 308(d), substituted "the seal of the
    United States Senate, the seal of the United States House of
    Representatives, and the seal of the United States Congress" for
    "and the seal of the United States Senate" in section catchline.
      Subsec. (a). Pub. L. 105-55, Sec. 308(a), inserted "or the seal
    of the United States House of Representatives, or the seal of the
    United States Congress," after "Senate,".
      Subsecs. (d), (e). Pub. L. 105-55, Sec. 308(b), added subsecs.
    (d) and (e). Former subsec. (d) redesignated (f).
      Subsec. (f). Pub. L. 105-55, Sec. 308(b)(1), redesignated subsec.
    (d) as (f).
      Subsec. (f)(3), (4). Pub. L. 105-55, Sec. 308(c), added pars. (3)
    and (4).
      1994 - Subsecs. (a) to (c). Pub. L. 103-322 substituted "fined
    under this title" for "fined not more than $250".
      1991 - Pub. L. 102-229, Sec. 210(a), substituted "the seals of
    the President and Vice President, and the seal of the United States
    Senate" for "and of the seals of the President and Vice President"
    in section catchline.
      Subsec. (a). Pub. L. 102-229, Sec. 210(b), inserted "or the seal
    of the United States Senate," after "Vice President of the United
    States,".
      Subsecs. (c), (d). Pub. L. 102-229, Sec. 210(c), (d), added
    subsec. (c), amended former subsec. (c) generally, and redesignated
    former subsec. (c) as (d). Prior to amendment and redesignation,
    former subsec. (c) read as follows: "A violation of subsection (a)
    or (b) of this section may be enjoined at the suit of the Attorney
    General upon complaint by any authorized representative of any
    department or agency of the United States."
      1971 - Pub. L. 91-651 substituted "Use of likenesses of the great
    seal of the United States, and of the seals of the President and
    Vice President" for "Use of the great seal of the United States" in
    section catchline.
      Subsec. (a). Pub. L. 91-651 redesignated existing provisions as
    subsec. (a), expanded prohibition to include likenesses of the
    seals of the President and Vice President, and added to the
    enumerated list of prohibited uses for likenesses of the great seal
    of the United States and for the seals of the President and Vice
    President, use in posters, public meetings, or on any building,
    monument, or stationery.
      Subsecs. (b), (c). Pub. L. 91-651 added subsecs. (b) and (c).
                     EFFECTIVE DATE OF 1971 AMENDMENT
      Section 3 of Pub. L. 91-651 provided that: The amendments made by
    this Act [amending this section] shall not make unlawful any
    preexisting use of the design of the great seal of the United
    States or of the seals of the President or Vice President of the
    United States that was lawful on the date of enactment of this Act
    [Jan. 5, 1971], until one year after the date of such enactment."

EXECUTIVE ORDER

     EX. ORD. NO. 11649. REGULATIONS GOVERNING SEALS OF PRESIDENT AND
                      VICE PRESIDENT OF UNITED STATES
      Ex. Ord. No. 11649, Feb. 16, 1972, 37 F.R. 3625, as amended by
    Ex. Ord. No. 11916, May 28, 1976, 41 F.R. 22031, provided:
      By virtue to the authority vested in me by section 713(b) of
    title 18, United States Code, I hereby prescribe the following
    regulations governing the use of the Seals of the President and the
    Vice President of the United States:
      Section 1. Except as otherwise provided by law, the knowing
    manufacture, reproduction, sale, or purchase for resale of the
    Seals or Coats of Arms of the President or the Vice President of
    the United States, or any likeness or substantial part thereof,
    shall be permitted only for the following uses:
      (a) Use by the President or Vice President of the United States;
      (b) Use in encyclopedias, dictionaries, books, journals,
    pamphlets, periodicals, or magazines incident to a description or
    history of seals, coats of arms, heraldry, or the Presidency or
    Vice Presidency;
      (c) Use in libraries, museums, or educational facilities incident
    to descriptions or exhibits relating to seals, coats of arms,
    heraldry, or the Presidency or Vice Presidency;
      (d) Use as an architectural embellishment in libraries, museums,
    or archives established to house the papers or effects of former
    Presidents or Vice Presidents;
      (e) Use on a monument to a former President or Vice President;
      (f) Use by way of photographic or electronic visual reproduction
    in pictures, moving pictures, or telecasts of bona fide news
    content;
      (g) Such other uses for exceptional historical, educational, or
    newsworthy purposes as may be authorized in writing by the Counsel
    to the President.
      Sec. 2. The manufacture, reproduction, sale, or purchase for
    resale, either separately or appended to any article manufactured
    or sold, of the Seals of the President or Vice President, or any
    likeness or substantial part thereof, except as provided in this
    Order or as otherwise provided by law, is prohibited.
                                                          Richard Nixon.
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