§ 613. — Exemptions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC613]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 11--FOREIGN AGENTS AND PROPAGANDA
SUBCHAPTER II--REGISTRATION OF FOREIGN PROPAGANDISTS
Sec. 613. Exemptions
The requirements of section 612(a) of this title shall not apply to
the following agents of foreign principals:
(a) Diplomatic or consular officers
A duly accredited diplomatic or consular officer of a foreign
government who is so recognized by the Department of State, while said
officer is engaged exclusively in activities which are recognized by the
Department of State as being within the scope of the functions of such
officer;
(b) Officials of foreign government
Any official of a foreign government, if such government is
recognized by the United States, who is not a public-relations counsel,
publicity agent, information-service employee, or a citizen of the
United States, whose name and status and the character of whose duties
as such official are of public record in the Department of State, while
said official is engaged exclusively in activities which are recognized
by the Department of State as being within the scope of the functions of
such official;
(c) Staff members of diplomatic or consular officers
Any member of the staff of, or any person employed by, a duly
accredited diplomatic or consular officer of a foreign government who is
so recognized by the Department of State, other than a public-relations
counsel, publicity agent, or information-service employee, whose name
and status and the character of whose duties as such member or employee
are of public record in the Department of State, while said member or
employee is engaged exclusively in the performance of activities which
are recognized by the Department of State as being within the scope of
the functions of such member or employee;
(d) Private and nonpolitical activities; solicitation of funds
Any person engaging or agreeing to engage only (1) in private and
nonpolitical activities in furtherance of the bona fide trade or
commerce of such foreign principal; or (2) in other activities not
serving predominantly a foreign interest; or (3) in the soliciting or
collecting of funds and contributions within the United States to be
used only for medical aid and assistance, or for food and clothing to
relieve human suffering, if such solicitation or collection of funds and
contributions is in accordance with and subject to the provisions of
subchapter II of chapter 9 of this title, and such rules and regulations
as may be prescribed thereunder;
(e) Religious, scholastic, or scientific pursuits
Any person engaging or agreeing to engage only in activities in
furtherance of bona fide religious, scholastic, academic, or scientific
pursuits or of the fine arts;
(f) Defense of foreign government vital to United States defense
Any person, or employee of such person, whose foreign principal is a
government of a foreign country the defense of which the President deems
vital to the defense of the United States while, (1) such person or
employee engages only in activities which are in furtherance of the
policies, public interest, or national defense both of such government
and of the Government of the United States, and are not intended to
conflict with any of the domestic or foreign policies of the Government
of the United States, (2) each communication or expression by such
person or employee which he intends to, or has reason to believe will,
be published, disseminated, or circulated among any section of the
public, or portion thereof, within the United States, is a part of such
activities and is believed by such person to be truthful and accurate
and the identity of such person as an agent of such foreign principal is
disclosed therein, and (3) such government of a foreign country
furnishes to the Secretary of State for transmittal to, and retention
for the duration of this subchapter by, the Attorney General such
information as to the identity and activities of such person or employee
at such times as the Attorney General may require. Upon notice to the
Government of which such person is an agent or to such person or
employee, the Attorney General, having due regard for the public
interest and national defense, may, with the approval of the Secretary
of State, and shall, at the request of the Secretary of State, terminate
in whole or in part the exemption herein of any such person or employee;
(g) Persons qualified to practice law
Any person qualified to practice law, insofar as he engages or
agrees to engage in the legal representation of a disclosed foreign
principal before any court of law or any agency of the Government of the
United States: Provided, That for the purposes of this subsection legal
representation does not include attempts to influence or persuade agency
personnel or officials other than in the course of judicial proceedings,
criminal or civil law enforcement inquiries, investigations, or
proceedings, or agency proceedings required by statute or regulation to
be conducted on the record.
(h) Agents of foreign principals
Any agent of a person described in section 611(b)(2) of this title
or an entity described in section 611(b)(3) of this title if the agent
has engaged in lobbying activities and has registered under the Lobbying
Disclosure Act of 1995 [2 U.S.C. 1601 et seq.] in connection with the
agent's representation of such person or entity.
(June 8, 1938, ch. 327, Sec. 3, 52 Stat. 632; Aug. 7, 1939, ch. 521,
Sec. 2, 53 Stat. 1245; Apr. 29, 1942, ch. 263, Sec. 1, 56 Stat. 254;
Pub. L. 87-366, Sec. 2, Oct. 4, 1961, 75 Stat. 784; Pub. L. 89-486,
Sec. 3, July 4, 1966, 80 Stat. 246; Pub. L. 104-65, Sec. 9(2), (3), Dec.
19, 1995, 109 Stat. 700; Pub. L. 105-166, Sec. 5, Apr. 6, 1998, 112
Stat. 39.)
References in Text
The Lobbying Disclosure Act of 1995, referred to in subsec. (h), is
Pub. L. 104-65, Dec. 19, 1995, 109 Stat. 691, which is classified
principally to chapter 26 (Sec. 1601 et seq.) of Title 2, The Congress.
For complete classification of this Act to the Code, see Short Title
note set out under section 1601 of Title 2 and Tables.
Prior Provisions
Prior to general amendment of act June 8, 1938, by act Apr. 29,
1942, section related to additional registration statements after each
six months period. Provisions on that subject were incorporated in
section 612 of this title by 1942 amendment.
Amendments
1998--Subsec. (h). Pub. L. 105-166 substituted ``has engaged in
lobbying activities and has registered'' for ``is required to register
and does register''.
1995--Subsec. (g). Pub. L. 104-65, Sec. 9(2), substituted ``judicial
proceedings, criminal or civil law enforcement inquiries,
investigations, or proceedings, or agency proceedings required by
statute or regulation to be conducted on the record'' for ``established
agency proceedings, whether formal or informal''.
Subsec. (h). Pub. L. 104-65, Sec. 9(3), added subsec. (h).
1966--Subsec. (d). Pub. L. 89-486, Sec. 3(a), designated existing
provisions as cls. (1) and (3), struck out ``financial or mercantile''
before ``activities'' in cl. (1), and inserted the cl. (2) exemption of
any person engaging or agreeing to engage in other activities not
serving predominantly a foreign interest.
Subsec. (g). Pub. L. 89-486, Sec. 3(b), added subsec. (g).
1961--Subsec. (d). Pub. L. 87-366 substituted ``private and
nonpolitical financial or mercantile activities in furtherance'' for
``private, non-political, financial, mercantile, or other activities in
furtherance''.
1942--Act Apr. 29, 1942, amended section generally.
1939--Act Aug. 7, 1939, amended section generally.
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 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.
Section Referred to in Other Sections
This section is referred to in title 15 section 4809.
