The Travel Act or International Travel Act of 1961, , is a Federal criminal statute which forbids the use of the

U.S. mail The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or Postal Service, is an independent agency of the executive branch of the United States federal government responsible for providing postal service in the U ...

, or interstate or foreign travel, for the purpose of engaging in certain specified criminal acts. The Senate

legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...

was passed by the 87th

United States Congress The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...

and enacted into law by the 35th President of the United States John F. Kennedy on June 29, 1961. The International Travel and Tourism Act has been amended seven times since 1961.

Provisions and scope

Elements of the crime

Subsection (a) of the statute sets forth the elements of an offense under the Travel Act. The acts prohibited are interstate or foreign travel, or use of the mails or "any facility in interstate or foreign commerce", for the purpose of distributing the proceeds of an unlawful activity, committing a crime of violence in furtherance of an unlawful activity, or to "promote, manage, establish, carry on" an unlawful activity. The offense is completed when a person engages in travel or use of the mails with the ''intent'' of committing any of the aforementioned acts, and then goes on to commit or

attempt An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur.''Criminal Law - ...

to commit one of the prohibited acts. This has the effect of making the ''act of traveling (or using the mail) in furtherance of certain types of crime'' a separate indictable offense from the underlying crime(s) the person is committing.

Definition of "unlawful activity"

Subsection (b) of the statute defines "unlawful activity" for the purposes of the Travel Act. The activities specified in this subsection include illegal

gambling Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on a random event with the intent of winning something else of value, where instances of strategy are discounted. Gambling thus requires three ele ...

, liquor on which the Federal excise tax has not been paid,

controlled substance A controlled substance is generally a drug or chemical whose manufacture, possession and use is regulated by a government, such as illicitly used drugs or prescription medications that are designated by law. Some treaties, notably the Single ...

offenses,

prostitution Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...

offenses,

extortion Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, ...

bribery Bribery is the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With regard to governmental operations, essentially, bribery is "Cor ...

, or

arson Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, wate ...

which violate either Federal law or the laws of the state in which they are committed. The inclusion of state-level crime in the Act is important because it effectively federalizes certain state laws which may not have analogous provisions at the Federal level. For example, some states have laws prohibiting

commercial bribery Commercial bribery is a form of bribery which involves corrupt dealing with the agents or employees of potential buyers to secure an advantage over business competitors. It is a form of corruption which does not necessarily involve government person ...

(bribery which does not involve government officials), but there is no Federal statute which directly addresses this issue. However, travel or use of the mails in furtherance of violations of state commercial bribery laws can be prosecuted by the

United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...

in Federal court. The definition of "unlawful activities" also includes certain specific violations of federal law, including

money laundering Money laundering is the process of concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdicti ...

offenses under the

Money Laundering Control Act The Money Laundering Control Act of 1986 ( Public Law 99-570) is a United States Act of Congress that made money laundering a federal crime. It was passed in 1986. It consists of two sections, and . It for the first time in the United States c ...

and violations of certain financial reporting requirements of the

Bank Secrecy Act The Bank Secrecy Act of 1970 (BSA), also known as the Currency and Foreign Transactions Reporting Act, is a U.S. law requiring financial institutions in the United States to assist U.S. government agencies in detecting and preventing money lau ...

, as amended by the

USA PATRIOT ACT The USA PATRIOT Act (commonly known as the Patriot Act) was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appro ...

Use and interpretation of the act

The U.S. Department of Justice has used the Travel Act as a complementary statute in the prosecution of some corruption cases under the

Foreign Corrupt Practices Act The Foreign Corrupt Practices Act of 1977 (FCPA) (, ''et seq.'') is a United States federal law that prohibits U.S. citizens and entities from bribing foreign government officials to benefit their business interests. The FCPA is applicable worl ...

(FCPA), and the Federal courts have interpreted the Travel Act rather broadly. For example, in the case against businessman Frederic Bourke, Judge

Shira Scheindlin Shira A. Scheindlin (; born 1946) is an American attorney and jurist who served as a United States district judge of the United States District Court for the Southern District of New York. Early life and education Scheindlin was born in Washi ...

instructed the jury that a "facility in interstate or foreign commerce" could include anything that crosses state or national borders, including telecommunications, and that conviction under the Travel Act requires proof that the defendant used a facility of commerce "for the purpose of facilitating the unlawful activity" but that the underlying offense (in Bourke's case, bribery of a foreign official) need not have been actually completed. Likewise, courts have applied the Travel Act to commercial bribery overseas in cases where state law prohibited such activities. One example of this was the case against Control Components, Inc. (CCI), a California corporation, which stood accused of violating both the FCPA and the Travel Act by bribing government officials and employees of private companies.

California Penal Code The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California. It was originally enacted i ...

Section 641.3 prohibits commercial bribery.Cal. Penal Code 641.3
courtesy of

FindLaw FindLaw is a business of Thomson Reuters Thomson Reuters Corporation ( ) is a Canadian multinational media conglomerate. The company was founded in Toronto, Ontario, Canada, where it is headquartered at the Bay Adelaide Centre. Thom ...

When the company's lawyers challenged the

extraterritorial In international law, extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually cl ...

application of the Travel Act, U.S. District Judge James V. Selna held that all elements of the Travel Act violation had been completed within California and that the offense "was complete the moment Defendants used a channel of foreign commerce allegedly to offer a 'corrupt payment' to an employee and thereafter effectuated a payment to that employee." At least one commentator has noted that Travel Act violations could be used as predicate acts under the

Racketeer Influenced and Corrupt Organizations Act The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. RICO was en ...

, since it is mentioned in the definition of "racketeering activity" in .

Amendments to 1961 Act

International Travel Act of 1961 amendments for American tourism and

international trade International trade is the exchange of capital, goods, and services across international borders or territories because there is a need or want of goods or services. (see: World economy) In most countries, such trade represents a significa ...

with the United States.

References

External links

FCPA and Travel Act prosecution flowchart
from

Perkins Coie Perkins Coie is an American multinational law firm headquartered in Seattle, Washington. Founded in 1912, it is recognized as an Am Law 50 firm. It is the largest law firm headquartered in the Pacific Northwest and has 20 offices across the Un ...

{{US federal public corruption law United States federal public corruption crime statutes 1961 in American law 1961 in the United States 87th United States Congress