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Batas Pambansa Bilang 39
"Foreign
Agents Act of 1979"
AN
ACT REGULATING THE ACTIVITIES AND REQUIRING THE REGISTRATION OF FOREIGN
AGENTS IN THE PHILIPPINES.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 39AN
ACT REGULATING THE ACTIVITIES AND REQUIRING THE REGISTRATION OF FOREIGN
AGENTS IN THE PHILIPPINES.chan
robles
virtual law library
chan
robles virtual law librarySection
1. Title. — This Act shall
be known as the "Foreign Agents Act of 1979."
chanrobles virtual law library
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.
chan
r
Sec.
3. Definition of Terms.
— For Purposes of this Act:chanroblesvirtuallawlibrarychanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
(5) "Political
propaganda" refers to any oral, visual, graphic, written, pictorial, or
other communication or expression:chanroblesvirtuallawlibrary
(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; orchanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
(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:chanroblesvirtuallawlibrary
(a) The
name, principal business address, and all other business and residence
addresses in the Philippines or elsewhere, if any, of the registrant.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
(e) The
compensation to be paid, if any, and the form and manner of such
compensation.chanrobles virtual law library
(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.chanrobles virtual law library
(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
andpurposes.
(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:chanroblesvirtuallawlibrarychanrobles virtual law library
(1) Such
facts as may be necessary to make the information required under
Section
four hereof accurate and current with respect to such period.chanrobles virtual law library
(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.chanrobles virtual law library
(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.chanrobles virtual law library
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 —chanrobles virtual law library
(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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
Sec.
11. Unlawful Acts. — (1)
It shall be unlawful for any person within the Philippines who is a
foreign
agent:chanroblesvirtuallawlibrary
(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;chanrobles virtual law library
(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;chanrobles virtual law library
(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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
Approved:
September 7, 1979
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