US (United States) Code. Title 22. Chapter 11: Foreign agents and propaganda

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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  • País: Estados Unidos Estados Unidos
  • 45 páginas
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-CITE-

22 USC CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

-HEAD-

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

-MISC1-

SUBCHAPTER I - GENERALLY

Sec.

601. Repealed.

SUBCHAPTER II - REGISTRATION OF FOREIGN PROPAGANDISTS

611. Definitions.

612. Registration statement.

(a) Filing; contents.

(b) Supplements; filing period.

(c) Execution of statement under oath.

(d) Filing of statement not deemed full compliance

nor as preclusion from prosecution.

(e) Incorporation of previous statement by

reference.

(f) Exemption by Attorney General.

613. Exemptions.

(a) Diplomatic or consular officers.

(b) Officials of foreign government.

(c) Staff members of diplomatic or consular

officers.

(d) Private and nonpolitical activities;

solicitation of funds.

(e) Religious, scholastic, or scientific pursuits.

(f) Defense of foreign government vital to United

States defense.

(g) Persons qualified to practice law.

(h) Agents of foreign principals.

614. Filing and labeling of political propaganda.

(a) Copies to Attorney General; statement as to

places, times, and extent of transmission.

(b) Identification statement.

(c) Public inspection.

(d) Library of Congress.

(e) Information furnished to agency or official of

United States Government.

(f) Appearances before Congressional committees.

615. Books and records.

616. Public examination of official records; transmittal of

records and information.

(a) Permanent copy of statement; inspection;

withdrawal.

(b) Secretary of State.

(c) Executive departments and agencies;

Congressional committees.

617. Liability of officers.

618. Enforcement and penalties.

(a) Violations; false statements and willful

omissions.

(b) Proof of identity of foreign principal.

(c) Removal.

(d) Repealed.

(e) Continuing offense.

(f) Injunctive remedy; jurisdiction of district

court.

(g) Deficient registration statement.

(h) Contingent fee arrangement.

619. Territorial applicability of subchapter.

620. Rules and regulations.

621. Reports to Congress.

-End-

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22 USC SUBCHAPTER I - GENERALLY 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER I - GENERALLY

-HEAD-

SUBCHAPTER I - GENERALLY

-End-

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22 USC Sec. 601 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 601. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862,

eff. Sept. 1, 1948

-MISC1-

Section, acts June 15, 1917, ch. 30, title VIII, Sec. 3, 40 Stat.

226; Mar. 28, 1940, ch. 72, Sec. 6, 54 Stat. 80, related to acting

as a foreign agent without notice to Secretary of State. See

section 951 of Title 18, Crimes and Criminal Procedure.

-End-

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22 USC SUBCHAPTER II - REGISTRATION OF FOREIGN

PROPAGANDISTS 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER II - REGISTRATION OF FOREIGN PROPAGANDISTS

-HEAD-

SUBCHAPTER II - REGISTRATION OF FOREIGN PROPAGANDISTS

-EXEC-

EX. ORD. NO. 9176. TRANSFER OF REGISTRATION FUNCTIONS FROM THE

SECRETARY OF STATE TO THE ATTORNEY GENERAL

Ex. Ord. No. 9176, May 29, 1942, 7 F.R. 4127, provided:

By virtue of the authority vested in me by Title I of the First

War Powers Act, 1941, approved December 18, 1941 (Public Law No.

354, 77th Congress [section 601 et seq. of Title 50, Appendix, War

and National Defense]), and as President of the United States, it

is hereby ordered as follows:

1. All functions, powers and duties of the Secretary of State

under the act of June 8, 1938 (52 Stat. 631), as amended by the act

of August 7, 1939 (53 Stat. 1244), requiring the registration of

agents of foreign principals, are hereby transferred to and vested

in the Attorney General.

2. All property, books and records heretofore maintained by the

Secretary of State with respect to his administration of said act

of June 8, 1938, as amended, are hereby transferred to and vested

in the Attorney General.

3. The Attorney General shall furnish to the Secretary of State

for such comment, if any, as the Secretary of State may desire to

make from the point of view of the foreign relations of the United

States, one copy of each registration statement that is hereafter

filed with the Attorney General in accordance with the provisions

of this Executive order.

4. All rules, regulations and forms which have been issued by the

Secretary of State pursuant to the provisions of said act of June

8, 1938, as amended, and which are in effect shall continue in

effect until modified, superseded, revoked or repealed by the

Attorney General.

5. This order shall become effective as of June 1, 1942.

Franklin D Roosevelt.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3613 of this title;

title 2 section 1602; title 8 section 1227; title 18 sections 219,

1956; title 48 section 1905; title 50 App. section 34.

-End-

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22 USC Sec. 611 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER II - REGISTRATION OF FOREIGN PROPAGANDISTS

-HEAD-

Sec. 611. Definitions

-STATUTE-

As used in and for the purposes of this subchapter -

(a) The term "person" includes an individual, partnership,

association, corporation, organization, or any other combination of

individuals;

(b) The term "foreign principal" includes -

(1) a government of a foreign country and a foreign political

party;

(2) a person outside of the United States, unless it is

established that such person is an individual and a citizen of

and domiciled within the United States, or that such person is

not an individual and is organized under or created by the laws

of the United States or of any State or other place subject to

the jurisdiction of the United States and has its principal place

of business within the United States; and

(3) a partnership, association, corporation, organization, or

other combination of persons organized under the laws of or

having its principal place of business in a foreign country.

(c) Expect (!1) as provided in subsection (d) of this section,

the term "agent of a foreign principal" means -

(1) any person who acts as an agent, representative, employee,

or servant, or any person who acts in any other capacity at the

order, request, or under the direction or control, of a foreign

principal or of a person any of whose activities are directly or

indirectly supervised, directed, controlled, financed, or

subsidized in whole or in major part by a foreign principal, and

who directly or through any other person -

(i) engages within the United States in political activities

for or in the interests of such foreign principal;

(ii) acts within the United States as a public relations

counsel, publicity agent, information-service employee or

political consultant for or in the interests of such foreign

principal;

(iii) within the United States solicits, collects, disburses,

or dispenses contributions, loans, money, or other things of

value for or in the interest of such foreign principal; or

(iv) within the United States represents the interests of

such foreign principal before any agency or official of the

Government of the United States; and

(2) any person who agrees, consents, assumes or purports to act

as, or who is or holds himself out to be, whether or not pursuant

to contractual relationship, an agent of a foreign principal as

defined in clause (1) of this subsection.

(d) The term "agent of a foreign principal" does not include any

news or press service or association organized under the laws of

the United States or of any State or other place subject to the

jurisdiction of the United States, or any newspaper, magazine,

periodical, or other publication for which there is on file with

the United States Postal Service information in compliance with

section 3611 (!2) of title 39, published in the United States,

solely by virtue of any bona fide news or journalistic activities,

including the solicitation or acceptance of advertisements,

subscriptions, or other compensation therefor, so long as it is at

least 80 per centum beneficially owned by, and its officers and

directors, if any, are citizens of the United States, and such news

or press service or association, newspaper, magazine, periodical,

or other publication, is not owned, directed, supervised,

controlled, subsidized, or financed, and none of its policies are

determined by any foreign principal defined in subsection (b) of

this section, or by any agent of a foreign principal required to

register under this subchapter;

(e) The term "government of a foreign country" includes any

person or group of persons exercising sovereign de facto or de jure

political jurisdiction over any country, other than the United

States, or over any part of such country, and includes any

subdivision of any such group and any group or agency to which such

sovereign de facto or de jure authority or functions are directly

or indirectly delegated. Such term shall include any faction or

body of insurgents within a country assuming to exercise

governmental authority whether such faction or body of insurgents

has or has not been recognized by the United States;

(f) The term "foreign political party" includes any organization

or any other combination of individuals in a country other than the

United States, or any unit or branch thereof, having for an aim or

purpose, or which is engaged in any activity devoted in whole or in

part to, the establishment, administration, control, or acquisition

of administration or control, of a government of a foreign country

or a subdivision thereof, or the furtherance or influencing of the

political or public interests, policies, or relations of a

government of a foreign country or a subdivision thereof;

(g) The term "public-relations counsel" includes any person who

engages directly or indirectly in informing, advising, or in any

way representing a principal in any public relations matter

pertaining to political or public interests, policies, or relations

of such principal;

(h) The term "publicity agent" includes any person who engages

directly or indirectly in the publication or dissemination of oral,

visual, graphic, written, or pictorial information or matter of any

kind, including publication by means of advertising, books,

periodicals, newspapers, lectures, broadcasts, motion pictures, or

otherwise;

(i) The term "information-service employee" includes any person

who is engaged in furnishing, disseminating, or publishing

accounts, descriptions, information, or data with respect to the

political, industrial, employment, economic, social, cultural, or

other benefits, advantages, facts, or conditions of any country

other than the United States or of any government of a foreign

country or of a foreign political party or of a partnership,

association, corporation, organization, or other combination of

individuals organized under the laws of, or having its principal

place of business in, a foreign country;

(j) Repealed. Pub. L. 104-65, Sec. 9(1)(A), Dec. 19, 1995, 109

Stat. 699.

(k) The term "registration statement" means the registration

statement required to be filed with the Attorney General under

section 612(a) of this title, and any supplements thereto required

to be filed under section 612(b) of this title, and includes all

documents and papers required to be filed therewith or amendatory

thereof or supplemental thereto, whether attached thereto or

incorporated therein by reference;

(l) The term "American republic" includes any of the states which

were signatory to the Final Act of the Second Meeting of the

Ministers of Foreign Affairs of the American Republics at Habana,

Cuba, July 30, 1940;

(m) The term "United States", when used in a geographical sense,

includes the several States, the District of Columbia, the

Territories, the Canal Zone, the insular possessions, and all other

places now or hereafter subject to the civil or military

jurisdiction of the United States;

(n) The term "prints" means newspapers and periodicals, books,

pamphlets, sheet music, visiting cards, address cards, printing

proofs, engravings, photographs, pictures, drawings, plans, maps,

patterns to be cut out, catalogs, prospectuses, advertisements, and

printed, engraved, lithographed, or autographed notices of various

kinds, and, in general, all impressions or reproductions obtained

on paper or other material assimilable to paper, on parchment or on

cardboard, by means of printing, engraving, lithography,

autography, or any other easily recognizable mechanical process,

with the exception of the copying press, stamps with movable or

immovable type, and the typewriter;

(o) The term "political activities" means any activity that the

person engaging in believes will, or that the person intends to, in

any way influence any agency or official of the Government of the

United States or any section of the public within the United States

with reference to formulating, adopting, or changing the domestic

or foreign policies of the United States or with reference to the

political or public interests, policies, or relations of a

government of a foreign country or a foreign political party;

(p) The term "political consultant" means any person who engages

in informing or advising any other person with reference to the

domestic or foreign policies of the United States or the political

or public interest, policies, or relations of a foreign country or

of a foreign political party.

-SOURCE-

(June 8, 1938, ch. 327, Sec. 1, 52 Stat. 631; Aug. 7, 1939, ch.

521, Sec. 1, 53 Stat. 1244; Apr. 29, 1942, ch. 263, Sec. 1, 56

Stat. 249; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat.

1352; Sept. 23, 1950, ch. 1024, title I, Sec. 20(a), 64 Stat. 1005;

Aug. 1, 1956, ch. 849, Sec. 1, 70 Stat. 899; Pub. L. 87-366, Sec.

1, Oct. 4, 1961, 75 Stat. 784; Pub. L. 89-486, Sec. 1, July 4,

1966, 80 Stat. 244; Pub. L. 91-375, Sec. 6(k), Aug. 12, 1970, 84

Stat. 782; Pub. L. 104-65, Sec. 9(1), Dec. 19, 1995, 109 Stat.

699.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (m), see

section 3602(b) of this title.

-COD-

CODIFICATION

Words "including the Philippine Islands," omitted from definition

of "United States" in subsec. (m) pursuant to Proc. No. 2695, which

granted independence to the Philippines under the authority of

section 1394 of this title, under which section Proc. No. 2695 is

set out as a note.

-MISC1-

AMENDMENTS

1995 - Subsec. (j). Pub. L. 104-65, Sec. 9(1)(A), struck out

subsec. (j) which read as follows: "The term 'political propaganda'

includes any oral, visual, graphic, written, pictorial, or other

communication or expression by any person (1) which is reasonably

adapted to, or which the person disseminating the same believes

will, or which he intends to, prevail upon, indoctrinate, convert,

induce, or in any other way influence a recipient or any section of

the public within the United States with reference to the political

or public interests, policies, or relations of a government of a

foreign country or a foreign political party or with reference to

the foreign policies of the United States or promote in the United

States racial, religious, or social dissensions, or (2) which

advocates, advises, instigates, or promotes any racial, social,

political, or religious disorder, civil riot, or other conflict

involving the use of force or violence in any other American

republic or the overthrow of any government or political

subdivision of any other American republic by any means involving

the use of force or violence. As used in this subsection the term

'disseminating' includes transmitting or causing to be transmitted

in the United States mails or by any means or instrumentality of

interstate or foreign commerce or offering or causing to be offered

in the United States mails;".

Subsec. (o). Pub. L. 104-65, Sec. 9(1)(B), substituted "any

activity that the person engaging in believes will, or that the

person intends to, in any way influence" for "the dissemination of

political propaganda and any other activity which the person

engaging therein believes will, or which he intends to, prevail

upon, indoctrinate, convert, induce, persuade, or in any other way

influence".

Subsec. (p). Pub. L. 104-65, Sec. 9(1)(C), substituted a period

for semicolon at end.

Subsec. (q). Pub. L. 104-65, Sec. 9(1)(D), struck out subsec. (q)

which read as follows: "For the purpose of section 613(d) of this

title, activities in furtherance of the bona fide commercial,

industrial or financial interests of a domestic person engaged in

substantial commercial, industrial or financial operations in the

United States shall not be deemed to serve predominantly a foreign

interest because such activities also benefit the interests of a

foreign person engaged in bona fide trade or commerce which is

owned or controlled by, or which owns or controls, such domestic

person: Provided, That (i) such foreign person is not, and such

activities are not directly or indirectly supervised, directed,

controlled, financed or subsidized in whole or in substantial part

by, a government of a foreign country or a foreign political party,

(ii) the identity of such foreign person is disclosed to the agency

or official of the United States with whom such activities are

conducted, and (iii) whenever such foreign person owns or controls

such domestic person, such activities are substantially in

furtherance of the bona fide commercial, industrial or financial

interests of such domestic person."

1970 - Subsec. (d). Pub. L. 91-375 substituted "file with the

United States Postal Service information in compliance with section

3611 of title 39" for "file with the Postmaster General a sworn

statement in compliance with section 2 of the Act of August 24,

1912 (37 Stat. 553), as amended".

1966 - Subsec. (b). Pub. L. 89-486, Sec. 1(1), redesignated

former pars. (3) and (4) as (2) and (3), substituted in such par.

(3) "combination of persons" for "combination of individuals" and

struck out from definition of "foreign principal" former pars. (2),

(5), and (6) which included "(2) an individual affiliated or

associated with, or supervised, directed, controlled, financed, or

subsidized, in whole or in part, by any foreign principal defined

in clause (1) of this subsection"; "(5) a domestic partnership,

association, corporation, organization, or other combination of

individuals, subsidized directly or indirectly, in whole or in

part, by any foreign principal defined in clause (1), (3), or (4)

of this subsection"; and "(6) a domestic partnership, association,

corporation, or other combination of individuals, supervised,

directed, controlled, or financed, in whole or in substantial part,

by any foreign government or foreign political party".

Subsec. (c). Pub. L. 89-486, Sec. 1(2), amended provisions

generally to redefine "agent of a foreign principal" by specifying

four categories of activities creating the agency relationship

where person acts as agent, employee, representative, or servant or

at the order of, or under the control of, a foreign principal, by

requiring a showing not only of foreign connections but also of

certain activities performed by the agent for foreign interests, by

making change as it relates to problem of indirect control exerted

by foreign principals over their agents, by including political

activities and actions as political consultant, by excluding

attorneys from the relationship, by incorporating provisions of

former par. (3) in par. (2) where a person assumes or purports to

act as an agent of a foreign principal, and by eliminating the

separate category for military or governmental officials contained

in former par. (4).

Subsec. (d). Pub. L. 89-486, Sec. 1(3), struck out "clause (1),

(2), or (4) of" before "subsection (b)".

Subsec. (g). Pub. L. 89-486, Sec. 1(4), inserted "public

relations" before "matter pertaining to" and "of such principal"

after "or relations".

Subsecs. (o) to (q). Pub. L. 89-486, Sec. 1(5), added subsecs.

(o) to (q).

1961 - Subsec. (b)(6). Pub. L. 87-366 added par. (6).

1956 - Subsec. (c)(5). Act Aug. 1, 1956, repealed par. (5) which

included within definition of "agent of a foreign principal" any

person trained in foreign espionage systems with certain

exceptions. See sections 851 and 852 of Title 50, War and National

Defense.

1950 - Subsec. (c)(5). Act Sept. 23, 1950, added par. (5).

1942 - Act Apr. 29, 1942, amended section generally to redefine

terms used in this subchapter.

1939 - Act Aug. 7, 1939, amended section generally to redefine

terms used in this subchapter.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-65 effective Jan. 1, 1996, except as

otherwise provided, see section 24 of Pub. L. 104-65, set out as an

Effective Date note under section 1601 of Title 2, The Congress.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

EFFECTIVE DATE OF 1966 AMENDMENT

Section 9 of Pub. L. 89-486 provided that: "This Act [enacting

sections 219 and 613 of Title 18, Crimes and Criminal Procedure,

and amending this section and sections 612 to 616 and 618 of this

title] shall take effect ninety days after the date of its

enactment [July 4, 1966]."

EFFECTIVE DATE OF 1942 AMENDMENT

Section 3 of act Apr. 29, 1942, provided that: "This Act

[amending this subchapter] shall take effect on the sixtieth day

after the date of its approval, except that prior to such sixtieth

day the Attorney General may make, prescribe, amend, and rescind

such rules, regulations, and forms as may be necessary to carry out

the provisions of this Act [amending this subchapter]."

EFFECTIVE DATE

Section 7 of act June 8, 1938, provided that: "This Act [enacting

this subchapter] shall take effect on the ninetieth day after the

date of its enactment [June 8, 1938]."

SHORT TITLE

Section 14 of act June 8, 1938, as added by act Apr. 29, 1942,

Sec. 1, provided that: "This Act [enacting this subchapter] may be

cited as the 'Foreign Agents Registration Act of 1938, as

amended'."

SEPARABILITY; EFFECT ON EXISTING LAW

Sections 12 and 13 of act June 8, 1938, as added by act Apr. 29,

1942, Sec. 1, provided that:

"Sec. 12. If any provision of this Act [enacting this

subchapter], or the application thereof to any person or

circumstances, is held invalid, the remainder of the Act, and the

application of such provisions to other persons or circumstances,

shall not be affected thereby.

"Sec. 13. This Act [enacting this subchapter] is an addition to

and not in substitution for any other existing statute."

-TRANS-

TRANSFER OF FUNCTIONS

Section 2 of act Apr. 29, 1942, provided that: "Upon the

effective date of this Act [see Effective Date of 1942 Amendment

note above], all powers, duties, and functions of the Secretary of

State under the Act of June 8, 1938 (52 Stat. 631), as amended

[this subchapter], shall be transferred to and become vested in the

Attorney General, together with all property, books, records, and

unexpended balances of appropriations used by or available to the

Secretary of State for carrying out the functions devolving on him

under the above-cited Act. All rules, regulations, and forms which

have been issued by the Secretary of State pursuant to the

provisions of said Act, and which are in effect, shall continue in

effect until modified, superseded, revoked, or repealed."

-MISC2-

POLICY AND PURPOSE OF SUBCHAPTER

Act Apr. 29, 1942, amending generally act June 8, 1938, added an

opening paragraph preceding section 1 of the latter act and reading

as follows: "It is hereby declared to be the policy and purpose of

this Act [enacting this subchapter] to protect the national

defense, internal security, and foreign relations of the United

States by requiring public disclosure by persons engaging in

propaganda activities and other activities for or on behalf of

foreign governments, foreign political parties, and other foreign

principals so that the Government and the people of the United

States may be informed of the identity of such persons and may

appraise their statements and actions in the light of their

associations and activities."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 613 of this title; title 2

sections 441e, 1602; title 15 section 4809; title 18 section 207.

-FOOTNOTE-

(!1) So in original. Probably should be "Except".

(!2) So in original. Probably should be section "3685".

-End-

-CITE-

22 USC Sec. 612 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER II - REGISTRATION OF FOREIGN PROPAGANDISTS

-HEAD-

Sec. 612. Registration statement

-STATUTE-

(a) Filing; contents

No person shall act as an agent of a foreign principal unless he

has filed with the Attorney General a true and complete

registration statement and supplements thereto as required by

subsections (a) and (b) of this section or unless he is exempt from

registration under the provisions of this subchapter. Except as

hereinafter provided, every person who becomes an agent of a

foreign principal shall, within ten days thereafter, file with the

Attorney General, in duplicate, a registration statement, under

oath on a form prescribed by the Attorney General. The obligation

of an agent of a foreign principal to file a registration statement

shall, after the tenth day of his becoming such agent, continue

from day to day, and termination of such status shall not relieve

such agent from his obligation to file a registration statement for

the period during which he was an agent of a foreign principal. The

registration statement shall include the following, which shall be

regarded as material for the purposes of this subchapter:

(1) Registrant's name, principal business address, and all

other business addresses in the United States or elsewhere, and

all residence addresses, if any;

(2) Status of the registrant; if an individual, nationality; if

a partnership, name, residence addresses, and nationality of each

partner and a true and complete copy of its articles of

copartnership; if an association, corporation, organization, or

any other combination of individuals, the name, residence

addresses, and nationality of each director and officer and of

each person performing the functions of a director or officer and

a true and complete copy of its charter, articles of

incorporation, association, constitution, and bylaws, and

amendments thereto; a copy of every other instrument or document

and a statement of the terms and conditions of every oral

agreement relating to its organization, powers, and purposes; and

a statement of its ownership and control;

(3) A comprehensive statement of the nature of registrant's

business; a complete list of registrant's employees and a

statement of the nature of the work of each; the name and address

of every foreign principal for whom the registrant is acting,

assuming or purporting to act or has agreed to act; the character

of the business or other activities of every such foreign

principal, and, if any such foreign principal be other than a

natural person, a statement of the ownership and control of each;

and the extent, if any, to which each such foreign principal is

supervised, directed, owned, controlled, financed, or subsidized,

in whole or in part, by any government of a foreign country or

foreign political party, or by any other foreign principal;

(4) Copies of each written agreement and the terms and

conditions of each oral agreement, including all modifications of

such agreements, or, where no contract exists, a full statement

of all the circumstances, by reason of which the registrant is an

agent of a foreign principal; a comprehensive statement of the

nature and method of performance of each such contract, and of

the existing and proposed activity or activities engaged in or to

be engaged in by the registrant as agent of a foreign principal

for each such foreign principal, including a detailed statement

of any such activity which is a political activity;

(5) The nature and amount of contributions, income, money, or

thing of value, if any, that the registrant has received within

the preceding sixty days from each such foreign principal, either

as compensation or for disbursement or otherwise, and the form

and time of each such payment and from whom received;

(6) A detailed statement of every activity which the registrant

is performing or is assuming or purporting or has agreed to

perform for himself or any other person other than a foreign

principal and which requires his registration hereunder,

including a detailed statement of any such activity which is a

political activity;

(7) The name, business, and residence addresses, and if an

individual, the nationality, of any person other than a foreign

principal for whom the registrant is acting, assuming or

purporting to act or has agreed to act under such circumstances

as require his registration hereunder; the extent to which each

such person is supervised, directed, owned, controlled, financed,

or subsidized, in whole or in part, by any government of a

foreign country or foreign political party or by any other

foreign principal; and the nature and amount of contributions,

income, money, or thing of value, if any, that the registrant has

received during the preceding sixty days from each such person in

connection with any of the activities referred to in clause (6)

of this subsection, either as compensation or for disbursement or

otherwise, and the form and time of each such payment and from

whom received;

(8) A detailed statement of the money and other things of value

spent or disposed of by the registrant during the preceding sixty

days in furtherance of or in connection with activities which

require his registration hereunder and which have been undertaken

by him either as an agent of a foreign principal or for himself

or any other person or in conection (!1) with any activities

relating to his becoming an agent of such principal, and a

detailed statement of any contributions of money or other things

of value made by him during the preceding sixty days (other than

contributions the making of which is prohibited under the terms

of section 613 (!2) of title 18) in connection with an election

to any political office or in connection with any primary

election, convention, or caucus held to select candidates for any

political office;

(9) Copies of each written agreement and the terms and

conditions of each oral agreement, including all modifications of

such agreements, or, where no contract exists, a full statement

of all the circumstances, by reason of which the registrant is

performing or assuming or purporting or has agreed to perform for

himself or for a foreign principal or for any person other than a

foreign principal any activities which require his registration

hereunder;

(10) Such other statements, information, or documents pertinent

to the purposes of this subchapter as the Attorney General,

having due regard for the national security and the public

interest, may from time to time require;

(11) Such further statements and such further copies of

documents as are necessary to make the statements made in the

registration statement and supplements thereto, and the copies of

documents furnished therewith, not misleading.

(b) Supplements; filing period

Every agent of a foreign principal who has filed a registration

statement required by subsection (a) of this section shall, within

thirty days after the expiration of each period of six months

succeeding such filing, file with the Attorney General a supplement

thereto under oath, on a form prescribed by the Attorney General,

which shall set forth with respect to such preceding six months'

period such facts as the Attorney General, having due regard for

the national security and the public interest, may deem necessary

to make the information required under this section accurate,

complete, and current with respect to such period. In connection

with the information furnished under clauses (3), (4), (6), and (9)

of subsection (a) of this section, the registrant shall give notice

to the Attorney General of any changes therein within ten days

after such changes occur. If the Attorney General, having due

regard for the national security and the public interest,

determines that it is necessary to carry out the purposes of this

subchapter, he may, in any particular case, require supplements to

the registration statement to be filed at more frequent intervals

in respect to all or particular items of information to be

furnished.

(c) Execution of statement under oath

The registration statement and supplements thereto shall be

executed under oath as follows: If the registrant is an individual,

by him; if the registrant is a partnership, by the majority of the

members thereof; if the registrant is a person other than an

individual or a partnership, by a majority of the officers thereof

or persons performing the functions of officers or by a majority of

the board of directors thereof or persons performing the functions

of directors, if any.

(d) Filing of statement not deemed full compliance nor as

preclusion from prosecution

The fact that a registration statement or supplement thereto has

been filed shall not necessarily be deemed a full compliance with

this subchapter and the regulations thereunder on the part of the

registrant; nor shall it indicate that the Attorney General has in

any way passed upon the merits of such registration statement or

supplement thereto; nor shall it preclude prosecution, as provided

for in this subchapter, for willful failure to file a registration

statement or supplement thereto when due or for a willful false

statement of a material fact therein or the willful omission of a

material fact required to be stated therein or the willful omission

of a material fact or copy of a material document necessary to make

the statements made in a registration statement and supplements

thereto, and the copies of documents furnished therewith, not

misleading.

(e) Incorporation of previous statement by reference

If any agent of a foreign principal, required to register under

the provisions of this subchapter, has previously thereto

registered with the Attorney General under the provisions of

section 2386 of title 18, the Attorney General, in order to

eliminate inappropriate duplication, may permit the incorporation

by reference in the registration statement or supplements thereto

filed hereunder of any information or documents previously filed by

such agent of a foreign principal under the provisions of said

section.

(f) Exemption by Attorney General

The Attorney General may, by regulation, provide for the

exemption -

(1) from registration, or from the requirement of furnishing

any of the information required by this section, of any person

who is listed as a partner, officer, director, or employee in the

registration statement filed by an agent of a foreign principal

under this subchapter, and

(2) from the requirement of furnishing any of the information

required by this section of any agent of a foreign principal.

where by reason of the nature of the functions or activities of

such person the Attorney General, having due regard for the

national security and the public interest, determines that such

registration, or the furnishing of such information, as the case

may be, is not necessary to carry out the purposes of this

subchapter.

-SOURCE-

(June 8, 1938, ch. 327, Sec. 2, 52 Stat. 632; Apr. 29, 1942, ch.

263, Sec. 1, 56 Stat. 251; Aug. 3, 1950, ch. 524, Sec. 1, 64 Stat.

399; Pub. L. 89-486, Sec. 2, July 4, 1966, 80 Stat. 245.)

-REFTEXT-

REFERENCES IN TEXT

Section 613 of title 18, referred to in subsec. (a)(8), was

repealed by Pub. L. 94-283, title II, Sec. 201(a), May 11, 1976, 90

Stat. 496.

-COD-

CODIFICATION

In subsec. (e), "section 2386 of title 18" was in the original

"the Act of October 17, 1940 (54 Stat. 1201)", which had been

classified to sections 14 to 17 of title 18. "Section 2386 of title

18" substituted for "sections 14 to 17 of title 18" on authority of

act June 25, 1948, ch. 645, 62 Stat. 863, section 1 of which

enacted Title 18, Crimes and Criminal Procedure.

-MISC1-

PRIOR PROVISIONS

Provisions on this subject were contained in sections 612 and 613

of this title prior to general amendment of act June 8, 1938, by

act Apr. 29, 1942.

AMENDMENTS

1966 - Subsec. (a). Pub. L. 89-486, Sec. 2(1), struck out

requirement for transmittal of registration statements by the

Attorney General to the Secretary of State and provision declaring

a failure of transmission not to be a bar to prosecutions, now

covered in section 616(b) of this title.

Subsec. (a)(3). Pub. L. 89-486, Sec. 2(2), struck out ", unless,

and to the extent, this requirement is waived in writing by the

Attorney General" after "statement of the nature of the work of

each" and provided for a statement of the extent to which a foreign

principal is supervised, directed, etc., by any other foreign

principal.

Subsec. (a)(4), (6). Pub. L. 89-486, Sec. 2(3), (4), inserted ",

including a detailed statement of any such activity which is a

political activity".

Subsec. (a)(7). Pub. L. 89-486, Sec. 2(5), required certain

information pertaining to control and financial arrangements with

respect to those persons, not themselves foreign principals, who

are so related to a foreign principal that their agents when

engaged in political activities in the interests of the principal

are required to register.

Subsec. (a)(8). Pub. L. 89-486, Sec. 2(6), inserted requirement

that agent report the money or other things of value spent or

disposed of in connection with his becoming the agent of his

foreign principal and all political contributions made during the

preceding sixty days, other than contributions made on behalf of

their principals, such contributions being prohibited under section

613 of title 18.

Subsec. (f). Pub. L. 89-486, Sec. 2(7), added subsec. (f).

1950 - Subsec. (a). Act Aug. 3, 1950, made failure to register a

continuing offense.

1942 - Act Apr. 29, 1942, amended section generally.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-486 effective ninety days after July 4,

1966, see section 9 of Pub. L. 89-486, set out as a note under

section 611 of this title.

EFFECTIVE DATE OF 1942 AMENDMENT

Amendment by act Apr. 29, 1942, effective on the sixtieth day

after Apr. 29, 1942, except that prior to such sixtieth day the

Attorney General may make, prescribe, amend, and rescind such

rules, regulations, and forms as may be necessary to carry out act

Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as a

note under section 611 of this title.

FEES FOR NECESSARY EXPENSES OF REGISTRATION UNIT

Pub. L. 102-395, title I, Oct. 6, 1992, 106 Stat. 1831, provided

in part that: "In addition, notwithstanding 31 U.S.C. 3302, for

fiscal year 1993 and thereafter, the Attorney General shall

establish and collect fees to recover necessary expenses of the

Registration Unit (to include salaries, supplies, equipment and

training) pursuant to the Foreign Agents Registration Act [probably

means Foreign Agents Registration Act of 1938, as amended, 22

U.S.C. 611 et seq.], and shall credit such fees to this

appropriation, to remain available until expended."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 611, 613, 617, 618 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "connection".

(!2) See References in Text note below.

-End-

-CITE-

22 USC Sec. 613 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER II - REGISTRATION OF FOREIGN PROPAGANDISTS

-HEAD-

Sec. 613. Exemptions

-STATUTE-

The requirements of section 612(a) of this title shall not apply

to the following agents of foreign principals:

(a) Diplomatic or consular officers

A duly accredited diplomatic or consular officer of a foreign

government who is so recognized by the Department of State, while

said officer is engaged exclusively in activities which are

recognized by the Department of State as being within the scope of

the functions of such officer;

(b) Officials of foreign government

Any official of a foreign government, if such government is

recognized by the United States, who is not a public-relations

counsel, publicity agent, information-service employee, or a

citizen of the United States, whose name and status and the

character of whose duties as such official are of public record in

the Department of State, while said official is engaged exclusively

in activities which are recognized by the Department of State as

being within the scope of the functions of such official;

(c) Staff members of diplomatic or consular officers

Any member of the staff of, or any person employed by, a duly

accredited diplomatic or consular officer of a foreign government

who is so recognized by the Department of State, other than a

public-relations counsel, publicity agent, or information-service

employee, whose name and status and the character of whose duties

as such member or employee are of public record in the Department

of State, while said member or employee is engaged exclusively in

the performance of activities which are recognized by the

Department of State as being within the scope of the functions of

such member or employee;

(d) Private and nonpolitical activities; solicitation of funds

Any person engaging or agreeing to engage only (1) in private and

nonpolitical activities in furtherance of the bona fide trade or

commerce of such foreign principal; or (2) in other activities not

serving predominantly a foreign interest; or (3) in the soliciting

or collecting of funds and contributions within the United States

to be used only for medical aid and assistance, or for food and

clothing to relieve human suffering, if such solicitation or

collection of funds and contributions is in accordance with and

subject to the provisions of subchapter II of chapter 9 of this

title, and such rules and regulations as may be prescribed

thereunder;

(e) Religious, scholastic, or scientific pursuits

Any person engaging or agreeing to engage only in activities in

furtherance of bona fide religious, scholastic, academic, or

scientific pursuits or of the fine arts;

(f) Defense of foreign government vital to United States defense

Any person, or employee of such person, whose foreign principal

is a government of a foreign country the defense of which the

President deems vital to the defense of the United States while,

(1) such person or employee engages only in activities which are in

furtherance of the policies, public interest, or national defense

both of such government and of the Government of the United States,

and are not intended to conflict with any of the domestic or

foreign policies of the Government of the United States, (2) each

communication or expression by such person or employee which he

intends to, or has reason to believe will, be published,

disseminated, or circulated among any section of the public, or

portion thereof, within the United States, is a part of such

activities and is believed by such person to be truthful and

accurate and the identity of such person as an agent of such

foreign principal is disclosed therein, and (3) such government of

a foreign country furnishes to the Secretary of State for

transmittal to, and retention for the duration of this subchapter

by, the Attorney General such information as to the identity and

activities of such person or employee at such times as the Attorney

General may require. Upon notice to the Government of which such

person is an agent or to such person or employee, the Attorney

General, having due regard for the public interest and national

defense, may, with the approval of the Secretary of State, and

shall, at the request of the Secretary of State, terminate in whole

or in part the exemption herein of any such person or employee;

(g) Persons qualified to practice law

Any person qualified to practice law, insofar as he engages or

agrees to engage in the legal representation of a disclosed foreign

principal before any court of law or any agency of the Government

of the United States: Provided, That for the purposes of this

subsection legal representation does not include attempts to

influence or persuade agency personnel or officials other than in

the course of judicial proceedings, criminal or civil law

enforcement inquiries, investigations, or proceedings, or agency

proceedings required by statute or regulation to be conducted on

the record.

(h) Agents of foreign principals

Any agent of a person described in section 611(b)(2) of this

title or an entity described in section 611(b)(3) of this title if

the agent has engaged in lobbying activities and has registered

under the Lobbying Disclosure Act of 1995 [2 U.S.C. 1601 et seq.]

in connection with the agent's representation of such person or

entity.

-SOURCE-

(June 8, 1938, ch. 327, Sec. 3, 52 Stat. 632; Aug. 7, 1939, ch.

521, Sec. 2, 53 Stat. 1245; Apr. 29, 1942, ch. 263, Sec. 1, 56

Stat. 254; Pub. L. 87-366, Sec. 2, Oct. 4, 1961, 75 Stat. 784; Pub.

L. 89-486, Sec. 3, July 4, 1966, 80 Stat. 246; Pub. L. 104-65, Sec.

9(2), (3), Dec. 19, 1995, 109 Stat. 700; Pub. L. 105-166, Sec. 5,

Apr. 6, 1998, 112 Stat. 39.)

-REFTEXT-

REFERENCES IN TEXT

The Lobbying Disclosure Act of 1995, referred to in subsec. (h),

is Pub. L. 104-65, Dec. 19, 1995, 109 Stat. 691, which is

classified principally to chapter 26 (Sec. 1601 et seq.) of Title

2, The Congress. For complete classification of this Act to the

Code, see Short Title note set out under section 1601 of Title 2

and Tables.

-MISC1-

PRIOR PROVISIONS

Prior to general amendment of act June 8, 1938, by act Apr. 29,

1942, section related to additional registration statements after

each six months period. Provisions on that subject were

incorporated in section 612 of this title by 1942 amendment.

AMENDMENTS

1998 - Subsec. (h). Pub. L. 105-166 substituted "has engaged in

lobbying activities and has registered" for "is required to

register and does register".

1995 - Subsec. (g). Pub. L. 104-65, Sec. 9(2), substituted

"judicial proceedings, criminal or civil law enforcement inquiries,

investigations, or proceedings, or agency proceedings required by

statute or regulation to be conducted on the record" for

"established agency proceedings, whether formal or informal".

Subsec. (h). Pub. L. 104-65, Sec. 9(3), added subsec. (h).

1966 - Subsec. (d). Pub. L. 89-486, Sec. 3(a), designated

existing provisions as cls. (1) and (3), struck out "financial or

mercantile" before "activities" in cl. (1), and inserted the cl.

(2) exemption of any person engaging or agreeing to engage in other

activities not serving predominantly a foreign interest.

Subsec. (g). Pub. L. 89-486, Sec. 3(b), added subsec. (g).

1961 - Subsec. (d). Pub. L. 87-366 substituted "private and

nonpolitical financial or mercantile activities in furtherance" for

"private, non-political, financial, mercantile, or other activities

in furtherance".

1942 - Act Apr. 29, 1942, amended section generally.

1939 - Act Aug. 7, 1939, amended section generally.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-65 effective Jan. 1, 1996, except as

otherwise provided, see section 24 of Pub. L. 104-65, set out as an

Effective Date note under section 1601 of Title 2, The Congress.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-486 effective ninety days after July 4,

1966, see section 9 of Pub. L. 89-486, set out as a note under

section 611 of this title.

EFFECTIVE DATE OF 1942 AMENDMENT

Amendment by act Apr. 29, 1942, effective on the sixtieth day

after Apr. 29, 1942, except that prior to such sixtieth day the

Attorney General may make, prescribe, amend, and rescind such

rules, regulations, and forms as may be necessary to carry out act

Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as a

note under section 611 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 4809.

-End-

-CITE-

22 USC Sec. 614 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER II - REGISTRATION OF FOREIGN PROPAGANDISTS

-HEAD-

Sec. 614. Filing and labeling of political propaganda

-STATUTE-

(a) Copies to Attorney General; statement as to places, times, and

extent of transmission

Every person within the United States who is an agent of a

foreign principal and required to register under the provisions of

this subchapter and who transmits or causes to be transmitted in

the United States mails or by any means or instrumentality of

interstate or foreign commerce any informational materials for or

in the interests of such foreign principal (i) in the form of

prints, or (ii) in any other form which is reasonably adapted to

being, or which he believes will be, or which he intends to be,

disseminated or circulated among two or more persons shall, not

later than forty-eight hours after the beginning of the transmittal

thereof, file with the Attorney General two copies thereof.

(b) Identification statement

It shall be unlawful for any person within the United States who

is an agent of a foreign principal and required to register under

the provisions of this subchapter to transmit or cause to be

transmitted in the United States mails or by any means or

instrumentality of interstate or foreign commerce any informational

materials for or in the interests of such foreign principal without

placing in such informational materials a conspicuous statement

that the materials are distributed by the agent on behalf of the

foreign principal, and that additional information is on file with

the Department of Justice, Washington, District of Columbia. The

Attorney General may by rule define what constitutes a conspicuous

statement for the purposes of this subsection.

(c) Public inspection

The copies of informational materials required by this subchapter

to be filed with the Attorney General shall be available for public

inspection under such regulations as he may prescribe.

(d) Library of Congress

For purposes of the Library of Congress, other than for public

distribution, the Secretary of the Treasury and the United States

Postal Service are authorized, upon the request of the Librarian of

Congress, to forward to the Library of Congress fifty copies, or as

many fewer thereof as are available, of all foreign prints

determined to be prohibited entry under the provisions of section

1305 of title 19 and of all foreign prints excluded from the mails

under authority of section 1717 of title 18.

Notwithstanding the provisions of section 1305 of title 19 and of

section 1717 of title 18, the Secretary of the Treasury is

authorized to permit the entry and the United States Postal Service

is authorized to permit the transmittal in the mails of foreign

prints imported for governmental purposes by authority or for the

use of the United States or for the use of the Library of Congress.

(e) Information furnished to agency or official of United States

Government

It shall be unlawful for any person within the United States who

is an agent of a foreign principal required to register under the

provisions of this subchapter to transmit, convey, or otherwise

furnish to any agency or official of the Government (including a

Member or committee of either House of Congress) for or in the

interests of such foreign principal any political propaganda or to

request from any such agency or official for or in the interests of

such foreign principal any information or advice with respect to

any matter pertaining to the political or public interests,

policies or relations of a foreign country or of a political party

or pertaining to the foreign or domestic policies of the United

States unless the propaganda or the request is prefaced or

accompanied by a true and accurate statement to the effect that

such person is registered as an agent of such foreign principal

under this subchapter.

(f) Appearances before Congressional committees

Whenever any agent of a foreign principal required to register

under this subchapter appears before any committee of Congress to

testify for or in the interests of such foreign principal, he

shall, at the time of such appearance, furnish the committee with a

copy of his most recent registration statement filed with the

Department of Justice as an agent of such foreign principal for

inclusion in the records of the committee as part of his testimony.

-SOURCE-

(June 8, 1938, ch. 327, Sec. 4, 52 Stat. 632; Aug. 7, 1939, ch.

521, Sec. 3, 53 Stat. 1246; Apr. 29, 1942, ch. 263, Sec. 1, 56

Stat. 255; Pub. L. 89-486, Sec. 4, July 4, 1966, 80 Stat. 246; Pub.

L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773; Pub. L. 104-65,

Sec. 9(4)-(6), Dec. 19, 1995, 109 Stat. 700.)

-COD-

CODIFICATION

Section 1717 of title 18, referred to in subsec. (d), was in the

original "section 1 of title XII of the Act of June 15, 1917 (40

Stat. 230)" which was classified to section 343 of former Title 18,

Criminal Code and Criminal Procedure. "Section 1717 of title 18"

substituted for "section 343 of title 18" on authority of act June

25, 1948, ch. 645, 62 Stat. 683, section 1 of which enacted Title

18, Crimes and Criminal Procedure.

-MISC1-

PRIOR PROVISIONS

Prior to general amendment of act June 8, 1938, by act Apr. 29,

1942, section related to retention of statements as public records.

Provisions on that subject were incorporated in section 616 of this

title by 1942 amendment.

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-65, Sec. 9(4)(B), which directed

striking out "and a statement, duly signed by or on behalf of such

an agent, setting forth full information as to the places, times,

and extent of such transmittal" after "Attorney General two copies

thereof", was executed by striking out such language, which read in

part "on behalf of such agent", to reflect the probable intent of

Congress.

Pub. L. 104-65, Sec. 9(4)(A), substituted "informational

materials" for "political propaganda".

Subsec. (b). Pub. L. 104-65, Sec. 9(5), substituted

"informational materials for or" for "political propaganda for or"

and substituted "without placing in such informational materials a

conspicuous statement that the materials are distributed by the

agent on behalf of the foreign principal, and that additional

information is on file with the Department of Justice, Washington,

District of Columbia. The Attorney General may by rule define what

constitutes a conspicuous statement for the purposes of this

subsection." for cls. (i) and (ii) and concluding provisions which

made it unlawful for an agent of a foreign principal to transmit in

the United States political propaganda unless the propaganda

identified the agent and contained information about the

registration of the agent and authorized the Attorney General to

prescribe regulations relating to the information to be provided.

Subsec. (c). Pub. L. 104-65, Sec. 9(6), substituted

"informational materials" for "political propaganda".

1966 - Subsec. (a). Pub. L. 89-486, Sec. 4(1), inserted "for or

in the interests of such foreign principal" after "political

propaganda" and substituted "file with the Attorney General two

copies thereof" for "sent to the Librarian of Congress two copies

thereof and file with the Attorney General one copy thereof".

Subsec. (b). Pub. L. 89-486, Sec. 4(2), inserted "for or in the

interests of such foreign principal" after "political propaganda",

where first appearing, and "the relationship or connection between

the person transmitting the political propaganda or causing it to

be transmitted and such propaganda;" after "setting forth" and

substituted "such foreign principal" for each of his foreign

principals".

Subsec. (c). Pub. L. 89-486, Sec. 4(3), substituted "filed with

the Attorney General" for "sent to the Librarian of Congress".

Subsecs. (e), (f). Pub. L. 89-486, Sec. 4(4), added subsecs. (e)

and (f).

1942 - Act Apr. 29, 1942, amended section generally.

1939 - Act Aug. 7, 1939, amended section generally.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-65 effective Jan. 1, 1996, except as

otherwise provided, see section 24 of Pub. L. 104-65, set out as an

Effective Date note under section 1601 of Title 2, The Congress.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-486 effective ninety days after July 4,

1966, see section 9 of Pub. L. 89-486, set out as a note under

section 611 of this title.

EFFECTIVE DATE OF 1942 AMENDMENT

Amendment by act Apr. 29, 1942, effective on the sixtieth day

after Apr. 29, 1942, except that prior to such sixtieth day the

Attorney General may make, prescribe, amend, and rescind such

rules, regulations, and forms as may be necessary to carry out act

Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as a

note under section 611 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

In subsec. (d), "United States Postal Service" substituted for

"Postmaster General" in two places pursuant to Pub. L. 91-375, Sec.

4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section

201 of Title 39, Postal Service, which abolished office of

Postmaster General of Post Office Department and transferred its

functions to United States Postal Service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 617, 618 of this title.

-End-

-CITE-

22 USC Sec. 615 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER II - REGISTRATION OF FOREIGN PROPAGANDISTS

-HEAD-

Sec. 615. Books and records

-STATUTE-

Every agent of a foreign principal registered under this

subchapter shall keep and preserve while he is an agent of a

foreign principal such books of account and other records with

respect to all his activities, the disclosure of which is required

under the provisions of this subchapter, in accordance with such

business and accounting practices, as the Attorney General, having

due regard for the national security and the public interest, may

by regulation prescribe as necessary or appropriate for the

enforcement of the provisions of this subchapter and shall preserve

the same for a period of three years following the termination of

such status. Until regulations are in effect under this section

every agent of a foreign principal shall keep books of account and

shall preserve all written records with respect to his activities.

Such books and records shall be open at all reasonable times to the

inspection of any official charged with the enforcement of this

subchapter. It shall be unlawful for any person willfully to

conceal, destroy, obliterate, mutilate, or falsify, or to attempt

to conceal, destroy, obliterate, mutilate, or falsify, or to cause

to be concealed, destroyed, obliterated, mutilated, or falsified,

any books or records required to be kept under the provisions of

this section.

-SOURCE-

(June 8, 1938, ch. 327, Sec. 5, 52 Stat. 633; Apr. 29, 1942, ch.

263, Sec. 1, 56 Stat. 256; Pub. L. 89-486, Sec. 5, July 4, 1966, 80

Stat. 247.)

-MISC1-

PRIOR PROVISIONS

Prior to general amendment of act June 8, 1938, by act Apr. 29,

1942, section related to penalties. Provisions on that subject were

incorporated in section 618 of this title by 1942 amendment.

AMENDMENTS

1966 - Pub. L. 89-486 inserted "in accordance with such business

and accounting practices," after "under the provisions of this

subchapter,".

1942 - Act Apr. 29, 1942, amended section generally.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-486 effective ninety days after July 4,

1966, see section 9 of Pub. L. 89-486, set out as a note under

section 611 of this title.

EFFECTIVE DATE OF 1942 AMENDMENT

Amendment by act Apr. 29, 1942, effective on the sixtieth day

after Apr. 29, 1942, except that prior to such sixtieth day the

Attorney General may make, prescribe, amend, and rescind such

rules, regulations, and forms as may be necessary to carry out act

Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as a

note under section 611 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 617 of this title.

-End-

-CITE-

22 USC Sec. 616 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER II - REGISTRATION OF FOREIGN PROPAGANDISTS

-HEAD-

Sec. 616. Public examination of official records; transmittal of

records and information

-STATUTE-

(a) Permanent copy of statement; inspection; withdrawal

The Attorney General shall retain in permanent form one copy of

all registration statements furnished under this subchapter, and

the same shall be public records and open to public examination and

inspection at such reasonable hours, under such regulations, as the

Attorney General may prescribe, and copies of the same shall be

furnished to every applicant at such reasonable fee as the Attorney

General may prescribe. The Attorney General may withdraw from

public examination the registration statement and other statements

of any agent of a foreign principal whose activities have ceased to

be of a character which requires registration under the provisions

of this subchapter.

(b) Secretary of State

The Attorney General shall, promptly upon receipt, transmit one

copy of every registration statement filed hereunder and one copy

of every amendment or supplement thereto filed hereunder, to the

Secretary of State for such comment and use as the Secretary of

State may determine to be appropriate from the point of view of the

foreign relations of the United States. Failure of the Attorney

General so to transmit such copy shall not be a bar to prosecution

under this subchapter.

(c) Executive departments and agencies; Congressional committees

The Attorney General is authorized to furnish to departments and

agencies in the executive branch and committees of the Congress

such information obtained by him in the administration of this

subchapter, including the names of registrants under this

subchapter, copies of registration statements, or parts thereof, or

other documents or information filed under this subchapter, as may

be appropriate in the light of the purposes of this subchapter.

-SOURCE-

(June 8, 1938, ch. 327, Sec. 6, 52 Stat. 633; Apr. 29, 1942, ch.

263, Sec. 1, 56 Stat. 256; Pub. L. 89-486, Sec. 6, July 4, 1966, 80

Stat. 247; Pub. L. 104-65, Sec. 9(7), Dec. 19, 1995, 109 Stat.

700.)

-MISC1-

PRIOR PROVISIONS

Prior to general amendment of act June 8, 1938, by act Apr. 29,

1942, section related to rules and regulations. Provisions on that

subject were incorporated in section 620 of this title by 1942

amendment.

Provisions on this subject were contained in section 614 of this

title prior to general amendment of act June 8, 1938, by act Apr.

29, 1942.

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-65, Sec. 9(7)(A), struck out "and

all statements concerning the distribution of political propaganda"

after "all registration statements".

Subsec. (b). Pub. L. 104-65, Sec. 9(7)(B), struck out ", and one

copy of every item of political propaganda" after "supplement

thereto".

Subsec. (c). Pub. L. 104-65, Sec. 9(7)(C), struck out "copies of

political propaganda," after "parts thereof,".

1966 - Pub. L. 89-486 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

1942 - Act Apr. 29, 1942, amended section generally.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-65 effective Jan. 1, 1996, except as

otherwise provided, see section 24 of Pub. L. 104-65, set out as an

Effective Date note under section 1601 of Title 2, The Congress.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-486 effective ninety days after July 4,

1966, see section 9 of Pub. L. 89-486, set out as a note under

section 611 of this title.

EFFECTIVE DATE OF 1942 AMENDMENT

Amendment by act Apr. 29, 1942, effective on the sixtieth day

after Apr. 29, 1942, except that prior to such sixtieth day the

Attorney General may make, prescribe, amend, and rescind such

rules, regulations, and forms as may be necessary to carry out act

Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as a

note under section 611 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 219.

-End-

-CITE-

22 USC Sec. 617 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER II - REGISTRATION OF FOREIGN PROPAGANDISTS

-HEAD-

Sec. 617. Liability of officers

-STATUTE-

Each officer, or person performing the functions of an officer,

and each director, or person performing the functions of a

director, of an agent of a foreign principal which is not an

individual shall be under obligation to cause such agent to execute

and file a registration statement and supplements thereto as and

when such filing is required under subsections (a) and (b) of

section 612 of this title and shall also be under obligation to

cause such agent to comply with all the requirements of sections

614(a) and (b) and 615 of this title and all other requirements of

this subchapter. Dissolution of any organization acting as an agent

of a foreign principal shall not relieve any officer, or person

performing the functions of an officer, or any director, or person

performing the functions of a director, from complying with the

provisions of this section. In case of failure of any such agent of

a foreign principal to comply with any of the requirements of this

subchapter, each of its officers, or persons performing the

functions of officers, and each of its directors, or persons

performing the functions of directors, shall be subject to

prosecution therefor.

-SOURCE-

(June 8, 1938, ch. 327, Sec. 7, 52 Stat. 633; Apr. 29, 1942, ch.

263, Sec. 1, 56 Stat. 256; Aug. 3, 1950, ch. 524, Sec. 2, 64 Stat.

400.)

-MISC1-

PRIOR PROVISIONS

Section 7 of act June 8, 1938, prior to the general amendment of

that act by act Apr. 29, 1942, provided for the effective date of

the 1938 act. See Effective Date note set out under section 611 of

this title.

AMENDMENTS

1950 - Act Aug. 3, 1950, continued the obligation of officers,

directors, and persons acting as such to comply with this

subchapter despite the dissolution of a foreign agent.

1942 - Act Apr. 29, 1942, amended section generally.

EFFECTIVE DATE OF 1942 AMENDMENT

Amendment by act Apr. 29, 1942, effective on the sixtieth day

after Apr. 29, 1942, except that prior to such sixtieth day the

Attorney General may make, prescribe, amend, and rescind such

rules, regulations, and forms as may be necessary to carry out act

Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as a

note under section 611 of this title.

-End-

-CITE-

22 USC Sec. 618 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER II - REGISTRATION OF FOREIGN PROPAGANDISTS

-HEAD-

Sec. 618. Enforcement and penalties

-STATUTE-

(a) Violations; false statements and willful omissions

Any person who -

(1) willfully violates any provision of this subchapter or any

regulation thereunder, or

(2) in any registration statement or supplement thereto or in

any other document filed with or furnished to the Attorney

General under the provisions of this subchapter willfully makes a

false statement of a material fact or willfully omits any

material fact required to be stated therein or willfully omits a

material fact or a copy of a material document necessary to make

the statements therein and the copies of documents furnished

therewith not misleading, shall, upon conviction thereof, be

punished by a fine of not more than $10,000 or by imprisonment

for not more than five years, or both, except that in the case of

a violation of subsection (b), (e), or (f) of section 614 of this

title or of subsection (g) or (h) of this section the punishment

shall be a fine of not more than $5,000 or imprisonment for not

more than six months, or both.

(b) Proof of identity of foreign principal

In any proceeding under this subchapter in which it is charged

that a person is an agent of a foreign principal with respect to a

foreign principal outside of the United States, proof of the

specific identity of the foreign principal shall be permissible but

not necessary.

(c) Removal

Any alien who shall be convicted of a violation of, or a

conspiracy to violate, any provision of this subchapter or any

regulation thereunder shall be subject to removal pursuant to

chapter 4 of title II of the Immigration and Nationality Act [8

U.S.C. 1221 et seq.].

(d) Repealed. Pub. L. 104-65, Sec. 9(8)(B), Dec. 19, 1995, 109

Stat. 700

(e) Continuing offense

Failure to file any such registration statement or supplements

thereto as is required by either section 612(a) or section 612(b)

of this title shall be considered a continuing offense for as long

as such failure exists, notwithstanding any statute of limitation

or other statute to the contrary.

(f) Injunctive remedy; jurisdiction of district court

Whenever in the judgment of the Attorney General any person is

engaged in or about to engage in any acts which constitute or will

constitute a violation of any provision of this subchapter, or

regulations issued thereunder, or whenever any agent of a foreign

principal fails to comply with any of the provisions of this

subchapter or the regulations issued thereunder, or otherwise is in

violation of the subchapter, the Attorney General may make

application to the appropriate United States district court for an

order enjoining such acts or enjoining such person from continuing

to act as an agent of such foreign principal, or for an order

requiring compliance with any appropriate provision of the

subchapter or regulation thereunder. The district court shall have

jurisdiction and authority to issue a temporary or permanent

injunction, restraining order or such other order which it may deem

proper.

(g) Deficient registration statement

If the Attorney General determines that a registration statement

does not comply with the requirements of this subchapter or the

regulations issued thereunder, he shall so notify the registrant in

writing, specifying in what respects the statement is deficient. It

shall be unlawful for any person to act as an agent of a foreign

principal at any time ten days or more after receipt of such

notification without filing an amended registration statement in

full compliance with the requirements of this subchapter and the

regulations issued thereunder.

(h) Contingent fee arrangement

It shall be unlawful for any agent of a foreign principal

required to register under this subchapter to be a party to any

contract, agreement, or understanding, either express or implied,

with such foreign principal pursuant to which the amount or payment

of the compensation, fee, or other remuneration of such agent is

contingent in whole or in part upon the success of any political

activities carried on by such agent.

-SOURCE-

(June 8, 1938, ch. 327, Sec. 8, as added Apr. 29, 1942, ch. 263,

Sec. 1, 56 Stat. 257; amended Sept. 23, 1950, ch. 1024, title I,

Sec. 20(b), 64 Stat. 1005; June 27, 1952, ch. 477, title IV, Sec.

402(d), 66 Stat. 276; Aug. 1, 1956, ch. 849, Sec. 1, 70 Stat. 899;

Pub. L. 89-486, Sec. 7, July 4, 1966, 80 Stat. 248; Pub. L. 98-620,

title IV, Sec. 402(26), Nov. 8, 1984, 98 Stat. 3359; Pub. L.

104-65, Sec. 9(8), Dec. 19, 1995, 109 Stat. 700; Pub. L. 104-208,

div. C, title III, Sec. 308(e)(19), Sept. 30, 1996, 110 Stat.

3009-621.)

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in subsec. (c),

is act June 27, 1952, ch. 477, 66 Stat. 163, as amended. Chapter 4

of title II of the Act is classified generally to part IV (Sec.

1221 et seq.) of subchapter II of chapter 12 of Title 8, Aliens and

Nationality. For complete classification of this Act to the Code,

see Short Title note set out under section 1101 of Title 8 and

Tables.

-MISC1-

PRIOR PROVISIONS

Provisions on this subject were contained in section 615 of this

title prior to general amendment of act June 8, 1938, by act Apr.

29, 1942.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-208 substituted "removal pursuant

to chapter 4 of title II of the Immigration and Nationality Act"

for "deportation in the manner provided by sections 1251 to 1253 of

title 8".

1995 - Subsec. (a)(2). Pub. L. 104-65, Sec. 9(8)(A), struck out

"or in any statement under section 614(a) of this title concerning

the distribution of political propaganda" after "or supplement

thereto".

Subsec. (d). Pub. L. 104-65, Sec. 9(8)(B), struck out subsec. (d)

which read as follows: "The United States Postal Service may

declare to be nonmailable any communication or expression falling

within clause (2) of section 611(j) of this title in the form of

prints or in any other form reasonably adapted to, or reasonably

appearing to be intended for, dissemination or circulation among

two or more persons, which is offered or caused to be offered for

transmittal in the United States mails to any person or persons in

any other American republic by any agent of a foreign principal, if

the United States Postal Service is informed in writing by the

Secretary of State that the duly accredited diplomatic

representative of such American republic has made written

representation to the Department of State that the admission or

circulation of such communication or expression in such American

republic is prohibited by the laws thereof and has requested in

writing that its transmittal thereto be stopped."

1984 - Subsec. (f). Pub. L. 98-620 struck out provision that the

proceedings shall be made a preferred cause and expedited in every

way.

1966 - Subsec. (a)(2). Pub. L. 89-486, Sec. 7(1), inserted

exception provision.

Subsecs. (f) to (h). Pub. L. 89-486, Sec. 7(2), added subsecs.

(f) to (h).

1956 - Act Aug. 1, 1956, amended credit to section by

redesignating section 20(b) of act Sept. 23, 1950, as section 20.

1952 - Subsec. (c). Act June 27, 1952, substituted "sections 1251

to 1253 of title 8" for "sections 155 and 156 of title 8".

1950 - Subsec. (e). Act Sept. 23, 1950, added subsec. (e).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-208 effective, with certain transitional

provisions, on the first day of the first month beginning more than

180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,

set out as a note under section 1101 of Title 8, Aliens and

Nationality.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-65 effective Jan. 1, 1996, except as

otherwise provided, see section 24 of Pub. L. 104-65, set out as an

Effective Date note under section 1601 of Title 2, The Congress.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-486 effective ninety days after July 4,

1966, see section 9 of Pub. L. 89-486, set out as a note under

section 611 of this title.

EFFECTIVE DATE

Section effective on the sixtieth day after Apr. 29, 1942, except

that prior to such sixtieth day the Attorney General may make,

prescribe, amend, and rescind such rules, regulations, and forms as

may be necessary to carry out act Apr. 29, 1942, see section 3 of

act Apr. 29, 1942, set out as an Effective Date of 1942 Amendment

note under section 611 of this title.

-End-

-CITE-

22 USC Sec. 619 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER II - REGISTRATION OF FOREIGN PROPAGANDISTS

-HEAD-

Sec. 619. Territorial applicability of subchapter

-STATUTE-

This subchapter shall be applicable in the several States, the

District of Columbia, the Territories, the Canal Zone, the insular

possessions, and all other places now or hereafter subject to the

civil or military jurisdiction of the United States.

-SOURCE-

(June 8, 1938, ch. 327, Sec. 9, as added Apr. 29, 1942, ch. 263,

Sec. 1, 56 Stat. 257; amended Proc. No. 2695, July 4, 1946, 11 F.R.

7517, 60 Stat. 1352.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in text, see section

3602(b) of this title.

-COD-

CODIFICATION

Words "including the Philippine Islands," omitted from section

pursuant to Proc. No. 2695, which granted independence to the

Philippine Islands under the authority of section 1394 of this

title, under which section Proc. No. 2695 is set out as a note.

-MISC1-

EFFECTIVE DATE

Section effective on the sixtieth day after Apr. 29, 1942, except

that prior to such sixtieth day the Attorney General may make,

prescribe, amend, and rescind such rules, regulations, and forms as

may be necessary to carry out act Apr. 29, 1942, see section 3 of

act Apr. 29, 1942, set out as an Effective Date of 1942 Amendment

note under section 611 of this title.

-End-

-CITE-

22 USC Sec. 620 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER II - REGISTRATION OF FOREIGN PROPAGANDISTS

-HEAD-

Sec. 620. Rules and regulations

-STATUTE-

The Attorney General may at any time make, prescribe, amend, and

rescind such rules, regulations, and forms as he may deem necessary

to carry out the provisions of this subchapter.

-SOURCE-

(June 8, 1938, ch. 327, Sec. 10, as added Apr. 29, 1942, ch. 263,

Sec. 1, 56 Stat. 257.)

-MISC1-

PRIOR PROVISIONS

Provisions on this subject were contained in section 616 of this

title prior to general amendment of act June 8, 1938, by act Apr.

29, 1942.

EFFECTIVE DATE

Section effective on the sixtieth day after Apr. 29, 1942, except

that prior to such sixtieth day the Attorney General may make,

prescribe, amend, and rescind such rules, regulations, and forms as

may be necessary to carry out act Apr. 29, 1942, see section 3 of

act Apr. 29, 1942, set out as an Effective Date of 1942 Amendment

note under section 611 of this title.

-End-

-CITE-

22 USC Sec. 621 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA

SUBCHAPTER II - REGISTRATION OF FOREIGN PROPAGANDISTS

-HEAD-

Sec. 621. Reports to Congress

-STATUTE-

The Attorney General shall every six months report to the

Congress concerning administration of this subchapter, including

registrations filed pursuant to the subchapter, and the nature,

sources and content of political propaganda disseminated and

distributed.

-SOURCE-

(June 8, 1938, ch. 327, Sec. 11, as added Apr. 29, 1942, ch. 263,

Sec. 1, 56 Stat. 258; amended Pub. L. 104-65, Sec. 19, Dec. 19,

1995, 109 Stat. 704.)

-MISC1-

AMENDMENTS

1995 - Pub. L. 104-65 added text and struck out former text which

read as follows: "The Attorney General shall, from time to time,

make a report to the Congress concerning the administration of this

subchapter, including the nature, sources, and content of political

propaganda disseminated or distributed."

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-65 effective Jan. 1, 1996, see section

24 of Pub. L. 104-65, set out as an Effective Date note under

section 1601 of Title 2, The Congress.

EFFECTIVE DATE

Section effective on the sixtieth day after Apr. 29, 1942, except

that prior to such sixtieth day the Attorney General may make,

prescribe, amend, and rescind such rules, regulations, and forms as

may be necessary to carry out act Apr. 29, 1942, see section 3 of

act Apr. 29, 1942, set out as an Effective Date of 1942 Amendment

note under section 611 of this title.

-End-