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BATAS PAMBANSA BILANG. 39
BATAS PAMBANSA BLG. 39 - AN ACT
REGULATING THE ACTIVITIES AND REQUIRING THE REGISTRATION OF FOREIGN
AGENTS IN THE PHILIPPINES
Section 1. Title.
— This Act shall be known as the "Foreign Agents Act of
1979".
Sec. 2. Declaration of Policy . — It shall be the
purpose and policy of this Act for reasons of national security and
interest to regulate the activities of foreign agents and to require
them to register and to disclose their political activities in the
Republic of the Philippines, so that the government and the people of
the Philippines may be informed of their identity and may appraise
their statements and actions.
Sec. 3. Definition of Terms. — For Purposes of
this Act —
(1) "Person" refers to an individual, partnership,
association, corporation or any other combination of individuals.
(2) "Foreign principal" refers to the government of a
foreign country or a foreign political party; a foreigner located
within or outside the jurisdiction of the Republic of the Philippines;
or a partnership, association, corporation, organization or other
entity owned or controlled by foreigners.
(3) "Foreign agent" refers to any person who acts or
agrees to act as political consultant, public relations counsel,
publicity agent, information representative, or as agent, servant,
representative, or attorney for a foreign principal or for any domestic
organization subsidized directly or indirectly in whole or in part by a
foreign principal. The term "foreign agent" shall not include a duly
accredited diplomatic or consular officer of a foreign country or
officials of the United Nations and its agencies and of other
international organizations recognized by the Republic of the
Philippines while engaged in activities within the scope of their
legitimate functions as such officers or a bona fide member or employee
of a foreign press service or news organization while engaged in
activities within the scope of his legitimate functions as such.
(4) "Political activity" refers to political
propaganda or any other activity which seeks in any reasonable degree
to prevail upon, indoctrinate, convert, induce, persuade, or in any
other way influence any agency or official of the Philippine
Government, or any section of the public within the Philippines with
respect to the domestic or foreign policies of the Philippines, or with
respect to the political or public interests, policies, or relations of
a foreign government or a foreign political party.
(5) "Political propaganda" refers to any oral,
visual, graphic, written, pictorial, or other communication or
expression:
(a) which seeks in any reasonable degree to prevail
upon, indoctrinate, convert, induce, or in any other way influence a
person or any section of the public within the Philippines with respect
to the political or public interests, policies, or relations of a
foreign government or a foreign political party or with respect to the
foreign policies of the Philippines; or
(b) which advocates, advises, instigates, or promotes
social, political, or religious dissension, disorder, civil riot, or
conflict involving the use of force, or the overthrow of the government
of the Republic of the Philippines.
(6) "Political consultant" refers to any person who
engages in informing or advising any other person on the domestic or
foreign policies of the Philippines or on the political or public
interests, policies, or relations of a foreign government or of a
foreign political party.
(7) "Public relations counsel" refers to any person
who engages directly or indirectly in informing, advising, or in any
way representing a principal in any matter affected by the public
policies or interests of a principal.
(8) "Publicity agent" refers to any person who
engages directly or indirectly in the dissemination and/or publication
of information for and on behalf of a principal.
(9) "Information representative" refers to any person
who engages in collecting or gathering data and in disseminating and/or
publishing the same for and on behalf of a principal.
Sec. 4. Registration. — (1) Every person who is
now a foreign agent shall, within thirty days after this Act takes
effect, and every persons who shall hereafter become a foreign agent
shall, within ten days thereafter, file with the Ministry of Justice, a
true and a complete registration statement, under oath, which shall set
forth —
(a) The name, principal business address, and all
other business and residence addresses in the Philippines or elsewhere,
if any, of the registrant.
(b) The name of the foreign principal or other
person/s or organization/s for which such person is acting as
agent.
(c) A copy of the contract/s of employment, or in the
absence thereof, a full statement of the terms and conditions, under
which such person acts or agrees to act as agent.
(d) The date when such contract or each of such
contracts was made, the date of commencement of activity thereunder and
the period during which such contract or each of such contracts is to
be in effect.
(e) The compensation to be paid, if any, and the form
and manner of such compensation.
(f) The name of every foreign principal or other
person or organization which contributed or which has promised to
contribute to the compensation provided for such contract.
(g) 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 than a foreign principal and
which requires his registration.
(h) If the registrant be a partnership, association,
or corporation, a true and complete copy of its charter, articles of
incorporation, association, constitution, and by-laws and any other
instruments relating to its organizations, powers and purposes.
(i) Such other statements, information or documents
as the Ministry of Justice for purposes of this Act may from time to
time require.
(2) The termination of the status of the foreign
agent shall not relieve him from his obligation to file a registration
statement in accordance with this Act for the period during which he
was such an agent.
Sec. 5. Additional Statement. — Every person who
has filed a registration statement required by Section four shall,
within thirty days after the expiration of a period of six months
succeeding the first filing, and every six months thereafter, file with
the Ministry of Justice a statement, under oath, which shall set forth —
(1) Such facts as may be necessary to make the
information required under Section four hereof accurate and current
with respect to such period.
(2) The name, business, and residence address, 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 such person is supervised,
directed, owned, controlled, financed, or subsidized, in whole or in
part, by any foreign government 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 such person in connection
with any of the activities referred to under this Act, either as
compensation or for disbursement or otherwise, and the form and time of
each such payment and from whom received.
(3) A detailed statement of money and other things of
value spent or disposed of by 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 a foreign agent, or for himself, or any other person, or in
connection with any activity relating to his becoming such an agent.
Sec. 6. Statement Open to Public Scrutiny. — The
Minister of Justice (hereinafter referred to as the Minister) shall
retain in permanent form all statements filed under this Act, and such
statements shall be public records and open to public examination and
inspection at all reasonable hours, under such rules and regulations as
the Minister may prescribe.
The Minister shall, promptly upon receipt, transmit one copy of every
registration statement and other statements or matters related thereto,
to the Minister of Foreign Affairs and the Minister of Public
Information for such comment and use as they may determine to be
appropriate from the point of view of the foreign relations and
internal policies of the Philippines.
Sec. 7. Exemptions. — This Act shall not apply to
any person engaging or agreeing to engage only —
(1) In private and non-political activities in
furtherance of the bona fide trade or commerce of a foreign principal;
(2) In activities in furtherance of bona fide
charitable, religious, scholastic, academic, artistic or scientific
pursuits;
(3) In the legal representation of a foreign
principal before any court or government agency: Provided, That for
purposes of this subsection, legal representation does not include
attempts to influence or persuade government personnel or officials
other than in the course of their ordinary official business.
Sec. 8. Amended Registration. — If the Minister
determines that a registration statement does not comply with the
requirements of this Act 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 a foreign agent at any
time 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.
Sec. 9. Filing and Labelling of Political
Propaganda. — A foreign agent who transmits or disseminates in
the Philippines any political propaganda for or in the interest of his
foreign principal among two or more persons shall, not later than
forty-eight hours after the beginning of the transmittal thereof, file
with the Ministry of Justice two copies thereof, setting forth full
information as to the places, times and extent of such transmittal.
Violation of this provision shall constitute an offense under this Act.
Sec. 10. Injunction. — Whenever in the judgment of
the Minister any person is engaged in or about to engage in any act
which constitutes or will constitute a violation of any provision of
this Act, or regulations issued thereunder, or whenever any foreign
agent fails to comply with any of the provisions of this Act, or the
regulations issued thereunder, or otherwise is in violation of this
Act, the Minister may secure from the appropriate court an order
requiring compliance with any appropriate provision of the Act or
regulation thereunder. The court shall have jurisdiction and authority
to issue a temporary or permanent injunction, restraining order or such
other order as it may deem proper. The proceedings shall enjoy the
highest priority and shall be expedited in every way.
Sec. 11. Unlawful Acts. — (1) It shall be unlawful
for any person within the Philippines who is a foreign agent:
(a) to transmit, convey, or otherwise furnish to any
agency or official of the government for or in the interest of a
foreign principal any political propaganda, or to request from any
agency or official for or in the interest of such foreign principal any
information or advice pertaining to any political or public interests,
policies or relations of foreign country or of a political party or
pertaining to the foreign or domestic policies of the Philippines,
unless the propaganda being issued or the request being made is
prefaced or accompanied by a true and accurate statement to the effect
that such person is registered as a foreign agent under this Act;
(b) to be a party to any contract, agreement, or
understanding, either express or implied, with a 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 activity carried out by such agent;
(c) to make, directly or indirectly, any contribution
of money or other thing or value, or promise expressly or impliedly to
make any such contribution, in connection with any convention, caucus
or other process to select candidates for any political office.
(2) It shall be unlawful for any person in the
Philippines to solicit, accept, or receive, directly or indirectly,
from any foreign agent or from a foreign principal, any of the
contributions, or promises to make such contributions, referred to in
subsection (c) of this Section .
(3) It shall be unlawful for any public officer or
employee or his spouse to act as a foreign agent. However, the
government may employ any foreign agent: Provided, That the head of the
employing agency certifies that such employment is required in the
national interest. A certification issued under this paragraph shall be
forwarded by the head of such agency to the Minister who shall cause
the same to be filed along with the registration statement and other
documents filed by such agent.
Sec. 12. Penalties. — Any person who violates any
provision of this Act or any regulation thereunder, or who fails to
file any statement required to be filed under this Act; or in complying
with the provision of this Act, makes a false statement of material
fact, or omits to state any material fact required to be stated therein
shall be liable on conviction to imprisonment for a term not exceeding
five years or a fine not exceeding P10,000.00 or both.
If the offense is committed by a corporation, partnership, association
or any other organization or entity, the penalty provided herein shall
be imposed on the president, managing director, managing partner, or
chief operating officer, whichever the case may be; Provided, That if
the offender is a foreigner, he shall, after payment of the fine and/or
service of the sentence, be subject to deportation.
Sec. 13. Rules and Regulations. — The Minister of
Justice shall forthwith promulgate such rules and regulations as may be
necessary to implement the provisions of this Act; such rules and
regulations shall have the effect of law fifteen (15) days following
their publication in the Official Gazette.
Sec. 14. Separability Clause. — If, for any
reason, any provision or part hereof is declared unconstitutional, the
remainder of this Act shall not be affected by such declaration.
Sec. 15. Repealing Clause. — All provisions of law
which are in conflict with this Act are hereby repealed or modified
accordingly.
Sec. 16. Effectivity. — This Act shall take effect
upon its approval.
Approved: September 7,
1979.
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