
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC611]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                CHAPTER 11--FOREIGN AGENTS AND PROPAGANDA
 
          SUBCHAPTER II--REGISTRATION OF FOREIGN PROPAGANDISTS
 
Sec. 611. Definitions

    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--
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    \1\ So in original. Probably should be ``Except''.
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        (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;
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    \2\ So in original. Probably should be section ``3685''.
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    (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.

(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.)

                       References in Text

    For definition of Canal Zone, referred to in subsec. (m), see 
section 3602(b) of this title.

                          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.


                               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.''

                          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.''


                    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.''

                  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.
