Page images
PDF
EPUB

(3) Subsection (c) is amended by striking out the words "sent to the Librarian of Congress” and inserting in lieu thereof the words "filed with the Attorney General".

(4) Such section is further amended by adding at the end thereof the following new subsections :

(e) 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 Act 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 Act.

(f) Whenever any agent of a foreign principal required to register under this Act 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."

SEC. 5. Section 5 of such Act is amended by inserting after "the provisions of this Act,” where they first appear the words “in accordance with such business and accounting practices,".

SEC. 6. Section 6 of such Act is amended by inserting the letter "(a)" after the section number and by adding at the end thereof the following new subsections:

"(b) 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, and one copy of every item of political propaganda 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 Act.

"(c) 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 Act, including the names of registrants under this Act, copies of registration statements, or parts thereof, copies of political propaganda, or other documents or information filed under this Act, as may be appropriate in the light of the purposes of this Act."

SEC. 7. Section 8 of such Act is amended as follows:

(1) Subsection (a) is amended by adding before the period at the end of paragraph (2) a comma and the following: "except that in the case of a violation of subsection (b), (e), or (f) of section 4 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”.

(2) Such section is further amended by adding at the end thereof the fol. lowing new subsections :

“(f) 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 appropriate provision of the Act 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. The proceedings shall be made a preferred cause and shall be expedited in every way.

'(g) If the Attorney General determines that a registration statement does not comply with the requirements of this Act or the regulations issued there. under, he shall so notify the registrant in writing, specifying in what respects

9

66

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 Act and the regulations issued thereunder.

“(h) It shall be unlawful for any agent of a foreign principal required to register under this Act 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."

SEC. 8. (a) Chapter 29 of title 18, United States Code, is amended by adding at the end thereof a new section as follows: “g 613. Contributions by agents of foreign principals

"Whoever, being an agent of a foreign principal, directly or through any other person, either for or on behalf of such foreign principal or otherwise in his capacity as agent of such foreign principal, knowingly makes any contribution of money or other thing of value, or promises 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

"Whoever knowingly solicits, accepts, or receives any such contribution from any such agent of a foreign principal or from such foreign principal

"Shall be fined not more than $5,000 or imprisoned not more than five years or both,

"As used in this section

“(1) The term 'foreign principal' has the same meaning as when used in the Foreign Agents Registration Act of 1938, as amended, except that such term does not include any person who is a citizen of the United States.

“(2) The term 'agent of a foreign principal' means 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 substantial portion of whose activities are directly or indirectly supervised, directed, or controlled by a foreign principal.”

(b) Chapter 11 of title 18, United States Code, is amended by adding at the end thereof a new section as follows: "& 219. Officers and employees acting as agents of foreign principals

"Whoever, being an officer or employee of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, including the District of Columbia, 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 not more than $10,000 or imprisoned for not more than two years, or both.

"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) (1) The sectional analysis at the beginning of chapter 29 of title 18, United States Code, is amended by adding at the end thereof the following new item : "613. Contributions by agents of foreign principals."

(2) The sectional analysis at the beginning of chapter 11 of title 18, United States Code, is amended by adding at the end thereof the following new item : "219. Officers and employees acting as agents of foreign principals."

Sec. 9. This Act shall take effect ninety days after the date of its enactment.
Passed the Senate April 5, 1965.
Attest:

FELTON M. JOHNSTON,

Secretary.

[H.R. 290, 89th Cong., 1st sess. ]

A BILL To amend the Foreign Agents Registration Act of 1938, as amended Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Foreign Agents Registration Act of 1938, as amended, is amended as follows:

(1) Subsection (b) is amended to read as follows: “(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.”. (2) Subsection (c) is amended to read follows:

"(c) Except as provided in subsection (d) hereof, the term 'agent of a foreign principal' means

“(1) any person who acts as an agent, representative, employee, servant or 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." (3) Subsection (d) is amended by striking out “clause (1), (2) or (4) of”.

(4) Subsection (g) is amended by inserting before the words, “matter pertaining to”, the words “public relations” and before the semicolon at the end thereof the words “of such principal”.

(5) Such section is further amended by adding at the end thereof the following new subsections:

"(0) The term 'political activities includes 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 any other person 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 domestic or foreign policies of the United States.

“(p) The term 'political consultant means any person, including, without limitation, any economic, legal or other consultant, who engages in informing or advising any person with reference to the political or public interests, policies or relations of a foreign country or of a foreign political party or with reference to the domestic or foreign policies of the United States."

SEC. 2. Section 2 of such Act is amended as follows:

(1) Subsection (a) is amended by striking out the second, third, and fourth sentences and inserting in lieu thereof the following: "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.”

(2) Subsection (a) (3) is amended by inserting before the semicolon at the end thereof a comma and the following: "or by any other foreign principal”.

(3) Subsection (a)(4) is amended by inserting before the semicolon at the end thereof a comma and the following: "including a detailed statement of any such activity which is a political activity”.

(4) Subsection (a) (6) is amended by inserting before the semicolon at the end thereof a comma and the following: "including a detailed statement of any such activity which is a political activity”. (5) Subsection (a) (7) is amended to read as follows:

"(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 puporting 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 ;”. (6) Subsection (a) (8) is amended to read as follows:

"(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 connection 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 of title 18, United States Code) 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;". (7) Such section is further amended by adding at the end thereof a new subsection as follows:

"(f) The Attorney General may, by regulation, provide for the exemption 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 Act, 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, is not necessary to carry out the purposes of this Act."

SEC. 3. Section 3(d) of such Act is amended by striking out the words "financial or mercantile” and by inserting after the words “foreign principal” the words "or other activities not serving predominantly a foreign interest”.

SEC. 4. Section 4 of such Act is amended as follows:

(1) Subsection (a) is amended by inserting after the words “political propaganda" the words "for or in the interests of such foreign principal”: and by striking out the words "sent to the Librarian of Congress two copies thereof and file with the Attorney General one copy thereof” and inserting in lieu thereof the words "file with the Attorney General two copies thereof”.

[ocr errors]

(7) Such section is further amended by adding at the end thereof a new subsection as follows:

"(f) The Attorney General may, by regulation, provide for the exemption 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 Act, 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, is not necessary to carry out the purposes of this Act.

Sec. 3. Section 3(d) of such Act is amended by striking out the words "financial or mercantile" and by inserting after the words “foreign principal" the words “or other activities not serving predominantly a foreign interest”.

SEC. 4. Section 4 of such Act is amended as follows:

(1) Subsection (a) is amended by inserting after the words “political propaganda” the words “for or in the interests of such foreign principal"; and by striking out the words "send to the Librarian of Congress two copies thereof and file with the Attorney General one copy thereof” and inserting in lieu thereof the words "file with the Attorney General two copies thereof".

(2) Subsection (b) is amended by inserting after the words “political propaganda" where they first appear the words "for or in the interests of such foreign principal"; by inserting after the words "setting forth” the words “the relationship or connection between the person transmitting the political propaganda or causing it to be transmitted and such propaganda ;"; and by striking out the words "each of his foreign principals" and inserting in lieu thereof "such foreign principal”.

(3) Subsection (c) is amended by striking out the words "sent to the Librarian of Congress” and inserting in lieu thereof the words "filed with the Attorney General”.

(4) Such section is further amended by adding at the end thereof the following new subsections:

“(e) 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 Act 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 Act.

(f) Whenever any agent of a foreign principal required to register under this Act 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."

Sec. 5. Section 5 of such Act is amended by inserting after "the provisions of this Act," where they first appear the words “in accordance with such business and accounting practices,”.

Sec. 6. Section 6 of such Act is amended by inserting the letter "(a)" after the section number and by adding at the end thereof the following new subsections:

“(b) 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, and one copy of every item of political propaganda 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 Act.

(f) Whenever any agent of a foreign principal required to register under this Act 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

[ocr errors]
« PreviousContinue »