3° hands over or informs, without the prior authorisation of the competent authority, to a person acting for a foreign power or company, either an invention of interest to national defence, or information, studies or manufacturing processes related to an invention of this kind, or an industrial application of interest to national defence. ARTICLE 40:Any Malian or foreign national who commits any of the following acts shall also be guilty of breach of external State security and punishable with the same penalties, without prejudice where necessary, to the penalties spelt out against the attempt to commit the crimes provided for in articles 33 and 34 herein below: 1° enters, in disguise or under a false name, or by hiding his/her capacity, or nationality, a fortress, structure, post or arsenal, proceedings, camps, bivouacs or cantonment sites of an army, in a war building, or a trade building used for national defence, in any kind of military establishment, or an institution or construction site working for national defence ; 2° organises, even without disguising or hiding his/her name, capacity or nationality, secretly any means whatsoever of distance correspondence or transmission that could undermine national defence ; 3° flies over the Malian territory using a foreign aircraft without being so authorised by a diplomatic agreement or permission from Malian Authorities; 4° does, in a prohibited area fixed by military authority, without the authorisation of the latter, drawings, takes pictures, performs surveys or topographical operations inside or around military or maritime locations, structures, posts or institutions; 5° stays, in disregard of a stated regulatory ban, in a specified radius around fortified structures or military and maritime institutions. ARTICLE 41 : If these acts are committed in times of war, the breaches of external State security shall be punishable with imprisonment of between ten to twenty years. If they are committed in times of peace, they shall be punishable with imprisonment of between one to five years, and fine of between 180,000 to 1,600,000 francs. However, imprisonment may be increased to ten years and a fine of 3,600,000 francs for the offences referred to in article 37- l°, article 38- l°, and article 39. In times of war, all the other acts, knowingly performed, that could undermine national defence, shall be punishable, if they aren't already by another law, with imprisonment of between one to five years and a fine of between 180,000 and 1,600,000 francs. In any case, those guilty may also receive jail terms of five years at least and twenty years at most, in addition to the loss of the rights stated in article 8 of this code. They may also receive a residence prohibition for a period of between five to twenty years. The attempted commission of the misdemeanour shall be punishable same as the actual commission itself. Misdemeanours committed abroad shall be punished same as those committed on Malian territory. I° who, knowing the intentions of the perpetrators of felonies and misdemeanours against external State security, provides allowances, means of support, housing, hideout and meeting location; ARTICLE 42 : The object of the felony or objects and instruments that were used to commit it shall be seized automatically, without the need to know whether or not they belonged to the offenders. The judgement shall declare that the compensation received by the offender, or the amount of its value when the compensation has not been seized, reverts to the State Treasury. To apply the penalty and the pre-trial detention system, felonies and misdemeanours against external State security shall be considered felonies and misdemeanours under ordinary law. 12