al fact or willfully omits any material fact required to be stated therein or willfully omits a material fact or a copy of 1 material document necessary to make the statements therer and the copies of documents furnished therewith not mislead ing, shall, upon conviction thereof, be punished by a fine of ne more than $10,000 or by imprisonment for not more than fr years, or both, except that in case of a violation of subsectic (b), (e), or (f) section 4 or of subsection (g) or (h) of this sectio the punishment shall be a fine of not more than $5,000 or im prisonment for not more than six months, or both.36

(b) In any proceeding under this Act in which it is charged that & person is an agent of a foreign principal with respect to a foreig principal outside of the United States, proof of the specific identity of the foreign principal shall be permissible but not necessary.

(c) 37 Any alien who shall be convicted of a violation of, or a com spiracy to violate, any provisions of this Act or any regulatio thereunder shall be subject to deportation in the manner provide by sections 241-243 of the Immigration and Nationality Act of 195 (66 Stat. 204).38

(d) The Postmaster General may declare to be nonmailable any communication or expression falling within clause (2) of section 19 hereof in the form of prints or in any other form reasonably adapt ed 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 Postmaster General is informed in writ ing by the Secretary of State that the duly accredited diplomatic representative of such American republic has made written repre sentation to the Department of State that the admission or circula tion of such communication or expression in such American repub lic is prohibited by the laws thereof and has requested in writing that its transmittal thereto be stopped.

(e) 39 Failure to file any such registration statement or supple ments thereto as is required by either section 2(a) or section 2b 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) 40 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 Act, or regulations issued thereunder, or whenever any agent of a foreign principal fails to comply with any of the provisions of this Act or the regulations issued thereunder, or otherwise is in violation of the Act, 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 ap

36 The exception provision was added by sec. 7(1) of Public Law 89-486 (80 Stat. 248: 37 Subsec. (c) was amended by sec. 402(d) of the Immigration and Nationality Act of 1952 Stat. 276). 38 8 U.S.C. 1251-1253.

39 Subse

40 S

added by the Act of Sept. 23, 1950 (64 Stat. 10051

→h) were added by the Act of July 4, 1966 (80 Stat. 244, 2481.

opriate provision of the Act or regulation thereunder. The disct court shall have jurisdiction and authority to issue a tempory or permanent injunction, restraining order or such other ler which it may deem proper.41

g) 40 If the Attorney General determines that a registration itement does not comply with the requirements of this Act or the gulations issued thereunder, he shall so notify the registrant in iting, specifying in what respects the statement is deficient. It all be unlawful for any person to act as an agent of a foreign incipal at any time ten days or more after receipt of such notifition without filing an amended registration statement in full mpliance with the requirements of this Act and the regulations sued thereunder.

(h) 40 It shall be unlawful for any agent of a foreign principal reired to register under this Act to be a party to any contract, reement, or understanding, either expressed or implied, with ich foreign principal pursuant to which the amount or payment the compensation, fee, or other remuneration of such agent is ɔntingent in whole or in part upon the success of any political acvities carried on by such agent.

Sec. 9.42 Applicability of Act.-This Act shall be applicable in he several States, the District of Columbia, the Territories, the Panal Zone, the insular possessions, and all other places now or ereafter subject to the civil or military jurisdiction of the United tates.43

Sec. 10.44, 45 Rules and Regulations.-The Attorney General may t any time make, prescribe, amend, and rescind such rules, reguations, and forms as he may deem necessary to carry out the provisions of this Act.

Sec. 11.44, 46 Reports to the Congress.-The Attorney General hall, from time to time, make a report to the Congress concerning he administration of this Act, including the nature, sources, and content of political propaganda disseminated or distributed.

Sec. 12.44, 47 Separability of Provisions.-If any provision of this Act, 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. 13.44. 47 This Act is in addition to and not in substitution for any other existing statute.

Sec. 14.44. 47 Short Title.-The Act may be cited as the "Foreign Agents Registration Act of 1938, as amended".

+1 Sec. 402(26) of Public Law 98-620 (98 Stat. 3359) deleted the sentence "The proceedings shall be made a preferred cause and shall be expedited in every way." which previously appeared at this point.

42 22 U.S.C. 619. Sec. 9 was added by the Act of Apr. 29, 1942 (56 Stat. 248, 257).

43 Words "including the Philippine Islands" were deleted pursuant to proclamation granting independence thereto. See note 10, supra.

44 Secs. 10 through 14 were added by the Act of Apr. 29, 1942 (56 Stat. 248 at 257-8).

45 22 U.S.C. 620.

46 22 U.S.C. 621.

47 22 U.S.C. 611 note.

b. U.S. Public Officials and Employees Acting as Agents of

Foreign Principals

Sec. 219 of title 18, United States Code, as added by Public Law 89-486 [S. 693). 80 Stat. 248, approved July 4, 1966, and amended by Public Law 98-473 [HJ. Res. 648], 98 Stat. 2149. approved October 12, 1984: Public Law 99–646 [S. 1236), 100 Stat. 3598, approved November 10, 1986; and by Public Law 101-647 [S. 3266], 104 Stat. 4922, approved November 29, 1990

§ 219. Officers and employees acting as agents of foreign principals

(a) Whoever, being a public official,2 is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined under this title or imprisoned for not more than two years, or both.

(b) Nothing in this section shall apply to the employment of any agent of a foreign principal as a special Government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest. A copy of any certification under this paragraph shall be forwarded by the head of such agency to the Attorney General who shall cause the same to be filed with the registration statement and other documents filed by such agent, and made available for public inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938, as amended.

(c) For the purpose of this section "public official" Member of Congress, Delegate, or Resident Commissioner, either

1 Subsec. (a) was added by sec. 30 of Public Law 99-646 (100 Stat. 3598). Sec. 8 a) of Public Law 89-486 added a new sec. 613 to ch. 20 of title 18, U.S.C., concerning contributions by foreign nationals. However, such section 613 was repealed by sec. 201(a) of the Federal Election Campaign Act Public Law 94-283; 90 Stat. 496) Public Law 94-283 further added a new sec. 324 (2 U.S.C. 441e) to the Federal Election Campaign Act of 1971 which became the new law regarding contributions of foreign nationals. The text of sec. 324 is as follows:

"CONTRIBUTIONS BY POREIGN NATIONALS

"SEC. 324. (a) It shall be unlawful for a foreign national directly or through any other person to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution, 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; or for any person to solicit, accept, or receive any such contribution from a foreign national.

"(b) As used in this section, the term 'foreign national' means—

"(1) a foreign principal, as such term is defined by section 1b of the Foreign Agents Registra tion Act of 1938 (22 U.S.C. 611b)), except that the term foreign national' shall not include any individual who is a citizen of the United States; or

“(2) an individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined by section 101 a 20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)20)).”.

2 Sec. 1116 of Public Law 98-473 (98 Stat. 2149 struck out "an officer or employee" and inserted in lieu thereof "a public official".

Sec. 1116/2) of Public Law 98-473 (98 Stat. 2149) added a new paragraph which provided definitions. Sec. 30 of Public Law 99-646 (100 Stat 3598) struck out the Delegate from the District of Columbia" and inserted in heu thereof "Delegate", struck out ", or a juror"; redesignated paragraphs as subsections (b) and (c); and added a new subsec. (a).

4

before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency, or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government.

* Sec. 3511 of Public Law 101-647 (104 Stat. 4922) struck out "Governments" and inserted in lieu thereof "Government".

c. Agents of Foreign Governments

Title 18, United States Code.1 * *

§ 951. Agents of foreign governments

(a) Whoever, other than a diplomatic or consular officer or atta ché, acts in the United States as an agent of a foreign governmer: without prior notification to the Attorney General if required ir subsection (b), shall be fined not more than $75,000 or imprisoned not more than ten years, or both.

(b) The Attorney General shall promulgate rules and regulations establishing requirements for notification.

(c) The Attorney General shall, upon receipt, promptly transmit one copy of each notification statement filed under this section 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 ci the foreign relations of the United States. Failure of the Attorney General to do so shall not be a bar to prosecution under this se tion.

(d) For purposes of this section, the term "agent of a foreign gov ernment" means an individual who agrees to operate within the United States subject to the direction or control of a foreign gov ernment or official, except that such term does not include

(1) a duly accredited diplomatic or consular officer of a foreign government, who is so recognized by the Department of State;

(2) any officially and publicly acknowledged and sponsored official or representative of a foreign government;

(3) any officially and publicly acknowledged and sponsored member of the staff of, or employer of, an officer, official, or representative described in paragraph (1) or (2), who is not a United States citizen; or

(4) any person engaged in a legal commercial transaction. (e) 2 Notwithstanding paragraph (d)(4), any person engaged in a legal commercial transaction shall be considered to be an agent of a foreign government for purposes of this section if

(1) such person agrees to operate within the United States subject to the direction or control of a foreign government or official; and

(2) such person

(A) is an agent of the Soviet Union, the German Democratic Republic, Hungary, Czechoslovakia, Poland, Bulgaria, Romania, or Cuba, unless the Attorney General, after consultation with the Secretary of State, determines and

1 Sec. 951 was enacted as part of Public Law 80-772 (62 Stat. 743).

2 Subsec. (e) was added by sec. 703 of Public Law 99-569 (100 Stat. 3205).