22 U.S.C. § 614 — Filing and labeling of political propaganda

Page 312 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 614 before any court of law or any agency of the Government of the United States: Provided, That for the purposes of this subsection legal rep- resentation does not include attempts to influ- ence or persuade agency personnel or officials other than in the course of judicial proceedings, criminal or civil law enforcement inquiries, in- vestigations, or proceedings, or agency pro- ceedings 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 en- gaged 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, § 3, 52 Stat. 632; Aug. 7, 1939, ch. 521, § 2, 53 Stat. 1245; Apr. 29, 1942, ch. 263, § 1, 56 Stat. 254; Pub. L. 87–366, § 2, Oct. 4, 1961, 75 Stat. 784; Pub. L. 89–486, § 3, July 4, 1966, 80 Stat. 246; Pub. L. 104–65, § 9(2), (3), Dec. 19, 1995, 109 Stat. 700; Pub. L. 105–166, § 5, Apr. 6, 1998, 112 Stat. 39.) Editorial Notes 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 (§ 1601 et seq.) of Title 2, The Congress. For complete classifica- tion 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 registra- tion statements after each six months period. Provi- sions on that subject were incorporated in section 612 of this title by 1942 amendment. AMENDMENTS 1998—Subsec. (h). Pub. L. 105–166 substituted ‘‘has en- gaged in lobbying activities and has registered’’ for ‘‘is required to register and does register’’. 1995—Subsec. (g). Pub. L. 104–65, § 9(2), substituted ‘‘judicial proceedings, criminal or civil law enforce- ment inquiries, investigations, or proceedings, or agen- cy proceedings required by statute or regulation to be conducted on the record’’ for ‘‘established agency pro- ceedings, whether formal or informal’’. Subsec. (h). Pub. L. 104–65, § 9(3), added subsec. (h). 1966—Subsec. (d). Pub. L. 89–486, § 3(a), designated ex- isting provisions as cls. (1) and (3), struck out ‘‘finan- cial or mercantile’’ before ‘‘activities’’ in cl. (1), and in- serted the cl. (2) exemption of any person engaging or agreeing to engage in other activities not serving pre- dominantly a foreign interest. Subsec. (g). Pub. L. 89–486, § 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, mer- cantile, or other activities in furtherance’’. 1942—Act Apr. 29, 1942, amended section generally. 1939—Act Aug. 7, 1939, amended section generally. Statutory Notes and Related Subsidiaries 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 six- tieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attorney General may make, pre- scribe, 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. § 614. Filing and labeling of political propaganda (a) Copies to Attorney General; statement as to places, times, and extent of transmission Every person within the United States who is an agent of a foreign principal and required to register under the provisions of this subchapter and who transmits or causes to be transmitted in the United States mails or by any means or instrumentality of interstate or foreign com- merce any informational materials for or in the interests of such foreign principal (i) in the form of prints, or (ii) in any other form which is rea- sonably adapted to being, or which he believes will be, or which he intends to be, disseminated or circulated among two or more persons shall, not later than forty-eight hours after the begin- ning of the transmittal thereof, file with the At- torney General two copies thereof. (b) Identification statement It shall be unlawful for any person within the United States who is an agent of a foreign prin- cipal and required to register under the provi- sions of this subchapter to transmit or cause to be transmitted in the United States mails or by any means or instrumentality of interstate or foreign commerce any informational materials for or in the interests of such foreign principal without placing in such informational materials a conspicuous statement that the materials are distributed by the agent on behalf of the foreign principal, and that additional information is on file with the Department of Justice, Wash- ington, District of Columbia. The Attorney Gen- eral may by rule define what constitutes a con- spicuous statement for the purposes of this sub- section. (c) Public inspection The copies of informational materials required by this subchapter to be filed with the Attorney General shall be available for public inspection under such regulations as he may prescribe. (d) Library of Congress For purposes of the Library of Congress, other than for public distribution, the Secretary of the Treasury and the United States Postal Serv- ice are authorized, upon the request of the Li- brarian of Congress, to forward to the Library of Congress fifty copies, or as many fewer thereof as are available, of all foreign prints determined to be prohibited entry under the provisions of section 1305 of title 19 and of all foreign prints excluded from the mails under authority of sec- tion 1717 of title 18. Notwithstanding the provisions of section 1305 of title 19 and of section 1717 of title 18, the Sec- Page 313 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 614 retary of the Treasury is authorized to permit the entry and the United States Postal Service is authorized to permit the transmittal in the mails of foreign prints imported for govern- mental purposes by authority or for the use of the United States or for the use of the Library of Congress. (e) Information furnished to agency or official of United States Government It shall be unlawful for any person within the United States who is an agent of a foreign prin- cipal required to register under the provisions of this subchapter to transmit, convey, or other- wise furnish to any agency or official of the Government (including a Member or committee of either House of Congress) for or in the inter- ests of such foreign principal any political prop- aganda or to request from any such agency or official for or in the interests of such foreign principal any information or advice with respect to any matter pertaining to the political or pub- lic interests, policies or relations of a foreign country or of a political party or pertaining to the foreign or domestic policies of the United States unless the propaganda or the request is prefaced or accompanied by a true and accurate statement to the effect that such person is reg- istered as an agent of such foreign principal under this subchapter. (f) Appearances before Congressional commit- tees Whenever any agent of a foreign principal re- quired to register under this subchapter appears before any committee of Congress to testify for or in the interests of such foreign principal, he shall, at the time of such appearance, furnish the committee with a copy of his most recent registration statement filed with the Depart- ment of Justice as an agent of such foreign prin- cipal for inclusion in the records of the com- mittee as part of his testimony. (June 8, 1938, ch. 327, § 4, 52 Stat. 632; Aug. 7, 1939, ch. 521, § 3, 53 Stat. 1246; Apr. 29, 1942, ch. 263, § 1, 56 Stat. 255; Pub. L. 89–486, § 4, July 4, 1966, 80 Stat. 246; Pub. L. 91–375, § 4(a), Aug. 12, 1970, 84 Stat. 773; Pub. L. 104–65, § 9(4)–(6), Dec. 19, 1995, 109 Stat. 700.) Editorial Notes CODIFICATION Section 1717 of title 18, referred to in subsec. (d), was in the original ‘‘section 1 of title XII of the Act of June 15, 1917 (40 Stat. 230)’’ which was classified to section 343 of former Title 18, Criminal Code and Criminal Pro- cedure. ‘‘Section 1717 of title 18’’ substituted for ‘‘sec- tion 343 of title 18’’ on authority of act June 25, 1948, ch. 645, 62 Stat. 683, section 1 of which enacted Title 18, Crimes and Criminal Procedure. PRIOR PROVISIONS Prior to general amendment of act June 8, 1938, by act Apr. 29, 1942, section related to retention of state- ments as public records. Provisions on that subject were incorporated in section 616 of this title by 1942 amendment. AMENDMENTS 1995—Subsec. (a). Pub. L. 104–65, § 9(4)(B), which di- rected striking out ‘‘and a statement, duly signed by or on behalf of such an agent, setting forth full informa- tion as to the places, times, and extent of such trans- mittal’’ after ‘‘Attorney General two copies thereof’’, was executed by striking out such language, which read in part ‘‘on behalf of such agent’’, to reflect the prob- able intent of Congress. Pub. L. 104–65, § 9(4)(A), substituted ‘‘informational materials’’ for ‘‘political propaganda’’. Subsec. (b). Pub. L. 104–65, § 9(5), substituted ‘‘infor- mational materials for or’’ for ‘‘political propaganda for or’’ and substituted ‘‘without placing in such infor- mational materials a conspicuous statement that the materials are distributed by the agent on behalf of the foreign principal, and that additional information is on file with the Department of Justice, Washington, Dis- trict of Columbia. The Attorney General may by rule define what constitutes a conspicuous statement for the purposes of this subsection.’’ for cls. (i) and (ii) and concluding provisions which made it unlawful for an agent of a foreign principal to transmit in the United States political propaganda unless the propaganda identified the agent and contained information about the registration of the agent and authorized the Attor- ney General to prescribe regulations relating to the in- formation to be provided. Subsec. (c). Pub. L. 104–65, § 9(6), substituted ‘‘infor- mational materials’’ for ‘‘political propaganda’’. 1966—Subsec. (a). Pub. L. 89–486, § 4(1), inserted ‘‘for or in the interests of such foreign principal’’ after ‘‘polit- ical propaganda’’ and substituted ‘‘file with the Attor- ney General two copies thereof’’ for ‘‘sent to the Li- brarian of Congress two copies thereof and file with the Attorney General one copy thereof’’. Subsec. (b). Pub. L. 89–486, § 4(2), inserted ‘‘for or in the interests of such foreign principal’’ after ‘‘political propaganda’’, where first appearing, and ‘‘the relation- ship or connection between the person transmitting the political propaganda or causing it to be transmitted and such propaganda;’’ after ‘‘setting forth’’ and sub- stituted ‘‘such foreign principal’’ for each of his foreign principals’’. Subsec. (c). Pub. L. 89–486, § 4(3), substituted ‘‘filed with the Attorney General’’ for ‘‘sent to the Librarian of Congress’’. Subsecs. (e), (f). Pub. L. 89–486, § 4(4), added subsecs. (e) and (f). 1942—Act Apr. 29, 1942, amended section generally. 1939—Act Aug. 7, 1939, amended section generally. Statutory Notes and Related Subsidiaries 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 six- tieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attorney General may make, pre- scribe, 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. TRANSFER OF FUNCTIONS In subsec. (d), ‘‘United States Postal Service’’ sub- stituted for ‘‘Postmaster General’’ in two places pursu- ant to Pub. L. 91–375, § 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service, which abolished office of Postmaster General of Post Office Department and transferred its functions to United States Postal Service. Page 314 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 615 § 615. Books and records Every agent of a foreign principal registered under this subchapter shall keep and preserve while he is an agent of a foreign principal such books of account and other records with respect to all his activities, the disclosure of which is required under the provisions of this subchapter, in accordance with such business and account- ing practices, as the Attorney General, having due regard for the national security and the pub- lic interest, may by regulation prescribe as nec- essary or appropriate for the enforcement of the provisions of this subchapter and shall preserve the same for a period of three years following the termination of such status. Until regula- tions are in effect under this section every agent of a foreign principal shall keep books of ac- count and shall preserve all written records with respect to his activities. Such books and records shall be open at all reasonable times to the in- spection of any official charged with the en- forcement of this subchapter. It shall be unlaw- ful for any person willfully to conceal, destroy, obliterate, mutilate, or falsify, or to attempt to conceal, destroy, obliterate, mutilate, or falsify, or to cause to be concealed, destroyed, obliter- ated, mutilated, or falsified, any books or records required to be kept under the provisions of this section. (June 8, 1938, ch. 327, § 5, 52 Stat. 633; Apr. 29, 1942, ch. 263, § 1, 56 Stat. 256; Pub. L. 89–486, § 5, July 4, 1966, 80 Stat. 247.) Editorial Notes PRIOR PROVISIONS Prior to general amendment of act June 8, 1938, by act Apr. 29, 1942, section related to penalties. Provi- sions on that subject were incorporated in section 618 of this title by 1942 amendment. AMENDMENTS 1966—Pub. L. 89–486 inserted ‘‘in accordance with such business and accounting practices,’’ after ‘‘under the provisions of this subchapter,’’. 1942—Act Apr. 29, 1942, amended section generally. Statutory Notes and Related Subsidiaries 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 six- tieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attorney General may make, pre- scribe, 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. § 616. Public examination of official records; transmittal of records and information (a) Permanent copy of statement; inspection; withdrawal The Attorney General shall retain in perma- nent form one copy of all registration state- ments furnished under this subchapter, and the same shall be public records and open to public examination and inspection at such reasonable hours, under such regulations, as the Attorney General may prescribe, and copies of the same shall be furnished to every applicant at such reasonable fee as the Attorney General may pre- scribe. The Attorney General may withdraw from public examination the registration state- ment and other statements of any agent of a for- eign principal whose activities have ceased to be of a character which requires registration under the provisions of this subchapter. (b) Secretary of State The Attorney General shall, promptly upon re- ceipt, transmit one copy of every registration statement filed hereunder and one copy of every amendment or supplement thereto filed here- under, to the Secretary of State for such com- ment and use as the Secretary of State may de- termine to be appropriate from the point of view of the foreign relations of the United States. Failure of the Attorney General so to transmit such copy shall not be a bar to prosecution under this subchapter. (c) Executive departments and agencies; Con- gressional committees The Attorney General is authorized to furnish to departments and agencies in the executive branch and committees of the Congress such in- formation obtained by him in the administra- tion of this subchapter, including the names of registrants under this subchapter, copies of reg- istration statements, or parts thereof, or other documents or information filed under this sub- chapter, as may be appropriate in the light of the purposes of this subchapter. (d) Public database of registration statements and updates (1) In general The Attorney General shall maintain, and make available to the public over the Inter- net, without a fee or other access charge, in a searchable, sortable, and downloadable man- ner, to the extent technically practicable, an electronic database that— (A) includes the information contained in registration statements and updates filed under this subchapter; and (B) is searchable and sortable, at a min- imum, by each of the categories of informa- tion described in section 612(a) of this title. (2) Accountability The Attorney General shall make each reg- istration statement and update filed in elec- tronic form pursuant to section 612(g) of this title available for public inspection over the Internet as soon as technically practicable after the registration statement or update is filed. (June 8, 1938, ch. 327, § 6, 52 Stat. 633; Apr. 29, 1942, ch. 263, § 1, 56 Stat. 256; Pub. L. 89–486, § 6, July 4, 1966, 80 Stat. 247; Pub. L. 104–65, § 9(7), Dec. 19, 1995, 109 Stat. 700; Pub. L. 110–81, title II, § 212(b), Sept. 14, 2007, 121 Stat. 749.) Editorial Notes PRIOR PROVISIONS Prior to general amendment of act June 8, 1938, by act Apr. 29, 1942, section related to rules and regula-