§ 612. — Registration statement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
