
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: 22USC612]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                CHAPTER 11--FOREIGN AGENTS AND PROPAGANDA
 
          SUBCHAPTER II--REGISTRATION OF FOREIGN PROPAGANDISTS
 
Sec. 612. Registration statement


(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;
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    \1\ So in original. Probably should be ``connection''.
    \2\ See References in Text note below.
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        (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.

(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.)

                       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.

                          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.


                            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.''

                  Section Referred to in Other Sections

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