Legislación
US (United States) Code. Title 22. Chapter 11: Foreign agents and propaganda
-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 Repealed.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(d) Repealed.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-
-CITE-
22 USC SUBCHAPTER I - GENERALLY 01/06/03
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 11 - FOREIGN AGENTS AND PROPAGANDA
SUBCHAPTER I - GENERALLY
-HEAD-
SUBCHAPTER I - GENERALLY
-End-
-CITE-
22 USC Sec. 601 01/06/03
-EXPCITE-
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-
-CITE-
22 USC SUBCHAPTER II - REGISTRATION OF FOREIGN
PROPAGANDISTS 01/06/03
-EXPCITE-
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-
-CITE-
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-
Descargar
Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |