22 U.S.C. § 618 — Enforcement and penalties

Page 315 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 618 tions. Provisions on that subject were incorporated in section 620 of this title by 1942 amendment. Provisions on this subject were contained in section 614 of this title prior to general amendment of act June 8, 1938, by act Apr. 29, 1942. AMENDMENTS 2007—Subsec. (d). Pub. L. 110–81 added subsec. (d). 1995—Subsec. (a). Pub. L. 104–65, § 9(7)(A), struck out ‘‘and all statements concerning the distribution of po- litical propaganda’’ after ‘‘all registration state- ments’’. Subsec. (b). Pub. L. 104–65, § 9(7)(B), struck out ‘‘, and one copy of every item of political propaganda’’ after ‘‘supplement thereto’’. Subsec. (c). Pub. L. 104–65, § 9(7)(C), struck out ‘‘copies of political propaganda,’’ after ‘‘parts thereof,’’. 1966—Pub. L. 89–486 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). 1942—Act Apr. 29, 1942, amended section generally. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–81 effective on the 90th day after Sept. 14, 2007, see section 212(c) of Pub. L. 110–81, set out as a note under section 612 of this title. 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. § 617. Liability of officers Each officer, or person performing the func- tions of an officer, and each director, or person performing the functions of a director, of an agent of a foreign principal which is not an indi- vidual shall be under obligation to cause such agent to execute and file a registration state- ment and supplements thereto as and when such filing is required under subsections (a) and (b) of section 612 of this title and shall also be under obligation to cause such agent to comply with all the requirements of sections 614(a) and (b) and 615 of this title and all other requirements of this subchapter. Dissolution of any organiza- tion acting as an agent of a foreign principal shall not relieve any officer, or person per- forming the functions of an officer, or any direc- tor, or person performing the functions of a di- rector, from complying with the provisions of this section. In case of failure of any such agent of a foreign principal to comply with any of the requirements of this subchapter, each of its offi- cers, or persons performing the functions of offi- cers, and each of its directors, or persons per- forming the functions of directors, shall be sub- ject to prosecution therefor. (June 8, 1938, ch. 327, § 7, 52 Stat. 633; Apr. 29, 1942, ch. 263, § 1, 56 Stat. 256; Aug. 3, 1950, ch. 524, § 2, 64 Stat. 400.) Editorial Notes PRIOR PROVISIONS Section 7 of act June 8, 1938, prior to the general amendment of that act by act Apr. 29, 1942, provided for the effective date of the 1938 act. See Effective Date note set out under section 611 of this title. AMENDMENTS 1950—Act Aug. 3, 1950, continued the obligation of of- ficers, directors, and persons acting as such to comply with this subchapter despite the dissolution of a for- eign agent. 1942—Act Apr. 29, 1942, amended section generally. Statutory Notes and Related Subsidiaries 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. § 618. Enforcement and penalties (a) Violations; false statements and willful omis- sions Any person who— (1) willfully violates any provision of this subchapter or any regulation thereunder, or (2) in any registration statement or supple- ment thereto or in any other document filed with or furnished to the Attorney General under the provisions of this subchapter will- fully makes a false statement of a material fact or willfully omits any material fact re- quired to be stated therein or willfully omits a material fact or a copy of a material docu- ment necessary to make the statements there- in and the copies of documents furnished therewith not misleading, shall, upon convic- tion thereof, be punished by a fine of not more than $10,000 or by imprisonment for not more than five years, or both, except that in the case of a violation of subsection (b), (e), or (f) of section 614 of this title or of subsection (g) or (h) of this section the punishment shall be a fine of not more than $5,000 or imprisonment for not more than six months, or both. (b) Proof of identity of foreign principal In any proceeding under this subchapter in which it is charged that a person is an agent of a foreign principal with respect to a foreign principal outside of the United States, proof of the specific identity of the foreign principal shall be permissible but not necessary. (c) Removal Any alien who shall be convicted of a violation of, or a conspiracy to violate, any provision of this subchapter or any regulation thereunder shall be subject to removal pursuant to chapter 4 of title II of the Immigration and Nationality Act [8 U.S.C. 1221 et seq.]. (d) Repealed. Pub. L. 104–65, § 9(8)(B), Dec. 19, 1995, 109 Stat. 700 (e) Continuing offense Failure to file any such registration state- ment or supplements thereto as is required by Page 316 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 618 either section 612(a) or section 612(b) of this title shall be considered a continuing offense for as long as such failure exists, notwithstanding any statute of limitation or other statute to the contrary. (f) Injunctive remedy; jurisdiction of district court Whenever in the judgment of the Attorney General any person is engaged in or about to en- gage in any acts which constitute or will con- stitute a violation of any provision of this sub- chapter, or regulations issued thereunder, or whenever any agent of a foreign principal fails to comply with any of the provisions of this sub- chapter or the regulations issued thereunder, or otherwise is in violation of the subchapter, the Attorney General may make application to the appropriate United States district court for an order enjoining such acts or enjoining such per- son from continuing to act as an agent of such foreign principal, or for an order requiring com- pliance with any appropriate provision of the subchapter or regulation thereunder. The dis- trict court shall have jurisdiction and authority to issue a temporary or permanent injunction, restraining order or such other order which it may deem proper. (g) Deficient registration statement If the Attorney General determines that a reg- istration statement does not comply with the requirements of this subchapter or the regula- tions issued thereunder, he shall so notify the registrant in writing, specifying in what re- spects the statement is deficient. It shall be un- lawful for any person to act as an agent of a for- eign principal at any time ten days or more after receipt of such notification without filing an amended registration statement in full com- pliance with the requirements of this subchapter and the regulations issued thereunder. (h) Contingent fee arrangement It shall be unlawful for any agent of a foreign principal required to register under this sub- chapter to be a party to any contract, agree- ment, or understanding, either express or im- plied, with such foreign principal pursuant to which the amount or payment of the compensa- tion, fee, or other remuneration of such agent is contingent in whole or in part upon the success of any political activities carried on by such agent. (June 8, 1938, ch. 327, § 8, as added Apr. 29, 1942, ch. 263, § 1, 56 Stat. 257; amended Sept. 23, 1950, ch. 1024, title I, § 20(b), 64 Stat. 1005; June 27, 1952, ch. 477, title IV, § 402(d), 66 Stat. 276; Aug. 1, 1956, ch. 849, § 1, 70 Stat. 899; Pub. L. 89–486, § 7, July 4, 1966, 80 Stat. 248; Pub. L. 98–620, title IV, § 402(26), Nov. 8, 1984, 98 Stat. 3359; Pub. L. 104–65, § 9(8), Dec. 19, 1995, 109 Stat. 700; Pub. L. 104–208, div. C, title III, § 308(e)(19), Sept. 30, 1996, 110 Stat. 3009–621.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (c), is act June 27, 1952, ch. 477, 66 Stat. 163. Chapter 4 of title II of the Act is classified generally to part IV (§ 1221 et seq.) of subchapter II of chapter 12 of Title 8, Aliens and Nationality. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. PRIOR PROVISIONS Provisions on this subject were contained in section 615 of this title prior to general amendment of act June 8, 1938, by act Apr. 29, 1942. AMENDMENTS 1996—Subsec. (c). Pub. L. 104–208 substituted ‘‘re- moval pursuant to chapter 4 of title II of the Immigra- tion and Nationality Act’’ for ‘‘deportation in the man- ner provided by sections 1251 to 1253 of title 8’’. 1995—Subsec. (a)(2). Pub. L. 104–65, § 9(8)(A), struck out ‘‘or in any statement under section 614(a) of this title concerning the distribution of political propa- ganda’’ after ‘‘or supplement thereto’’. Subsec. (d). Pub. L. 104–65, § 9(8)(B), struck out subsec. (d) which read as follows: ‘‘The United States Postal Service may declare to be nonmailable any commu- nication or expression falling within clause (2) of sec- tion 611(j) of this title in the form of prints or in any other form reasonably adapted to, or reasonably ap- pearing to be intended for, dissemination or circulation among two or more persons, which is offered or caused to be offered for transmittal in the United States mails to any person or persons in any other American repub- lic by any agent of a foreign principal, if the United States Postal Service is informed in writing by the Secretary of State that the duly accredited diplomatic representative of such American republic has made written representation to the Department of State that the admission or circulation of such communication or expression in such American republic is prohibited by the laws thereof and has requested in writing that its transmittal thereto be stopped.’’ 1984—Subsec. (f). Pub. L. 98–620 struck out provision that the proceedings shall be made a preferred cause and expedited in every way. 1966—Subsec. (a)(2). Pub. L. 89–486, § 7(1), inserted ex- ception provision. Subsecs. (f) to (h). Pub. L. 89–486, § 7(2), added subsecs. (f) to (h). 1956—Act Aug. 1, 1956, amended credit to section by redesignating section 20(b) of act Sept. 23, 1950, as sec- tion 20. 1952—Subsec. (c). Act June 27, 1952, substituted ‘‘sec- tions 1251 to 1253 of title 8’’ for ‘‘sections 155 and 156 of title 8’’. 1950—Subsec. (e). Act Sept. 23, 1950, added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality. 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 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. 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 Section effective on the sixtieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attor- Page 317 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE §§ 661 to 672 ney 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 an Effective Date of 1942 Amendment note under section 611 of this title. § 619. Territorial applicability of subchapter This subchapter shall be applicable in the sev- eral States, the District of Columbia, the Terri- tories, the Canal Zone, the insular possessions, and all other places now or hereafter subject to the civil or military jurisdiction of the United States. (June 8, 1938, ch. 327, § 9, as added Apr. 29, 1942, ch. 263, § 1, 56 Stat. 257; amended Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.) Editorial Notes REFERENCES IN TEXT For definition of Canal Zone, referred to in text, see section 3602(b) of this title. CODIFICATION Words ‘‘including the Philippine Islands,’’ omitted from section pursuant to Proc. No. 2695, which granted independence to the Philippine Islands under the au- thority of section 1394 of this title, under which section Proc. No. 2695 is set out as a note. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the sixtieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attor- ney 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 an Effective Date of 1942 Amendment note under section 611 of this title. § 620. Rules and regulations The Attorney General may at any time make, prescribe, amend, and rescind such rules, regula- tions, and forms as he may deem necessary to carry out the provisions of this subchapter. (June 8, 1938, ch. 327, § 10, as added Apr. 29, 1942, ch. 263, § 1, 56 Stat. 257.) Editorial Notes PRIOR PROVISIONS Provisions on this subject were contained in section 616 of this title prior to general amendment of act June 8, 1938, by act Apr. 29, 1942. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the sixtieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attor- ney 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 an Effective Date of 1942 Amendment note under section 611 of this title. § 621. Reports to Congress The Attorney General shall every six months report to the Congress concerning administra- tion of this subchapter, including registrations filed pursuant to the subchapter, and the nature, sources and content of political propaganda dis- seminated and distributed. (June 8, 1938, ch. 327, § 11, as added Apr. 29, 1942, ch. 263, § 1, 56 Stat. 258; amended Pub. L. 104–65, § 19, Dec. 19, 1995, 109 Stat. 704.) Editorial Notes AMENDMENTS 1995—Pub. L. 104–65 added text and struck out former text which read as follows: ‘‘The Attorney General shall, from time to time, make a report to the Congress concerning the administration of this subchapter, in- cluding the nature, sources, and content of political propaganda disseminated or distributed.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–65 effective Jan. 1, 1996, 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 Section effective on the sixtieth day after Apr. 29, 1942, except that prior to such sixtieth day the Attor- ney 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 an Effective Date of 1942 Amendment note under section 611 of this title. CHAPTER 12—CLAIMS COMMISSIONS §§ 661 to 672. Omitted Editorial Notes CODIFICATION Sections 661 to 672, which established the American Mexican Claims Commission in 1942 for the settlement of certain claims, expired pursuant to the provisions of section 661(d), which provided that the authority of the Commission shall terminate at the expiration of four years after the date on which a majority of its mem- bers first appointed took office. Section 661, acts Dec. 18, 1942, ch. 766, § 2, 56 Stat. 1058; Apr. 3, 1945, ch. 52, § 5, 59 Stat. 50; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972, established American Mexican Claims Commission, prescribed its composi- tion, provided for compensation of its members, and specified its termination date. Acts Dec. 18, 1942, ch. 766, § 2, 56 Stat. 1058; Apr. 3, 1945, ch. 52, § 5, 59 Stat. 50, were subsequently repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 651, 652. Section 662, acts Dec. 18, 1942, ch. 766, § 3, 56 Stat. 1058; Mar. 28, 1947, ch. 23, 61 Stat. 24, related to jurisdiction of Commission and to presentation of claims. Section 663, acts Dec. 18, 1942, ch. 766, § 4, 56 Stat. 1059; Apr. 3, 1945, ch. 52, §§ 4, 7, 59 Stat. 49, 50, related to au- thority of Commission to examine and render final de- cisions in those cases where claims were appraised by prior commissions. Section 664, acts Dec. 18, 1942, ch. 766, § 5, 56 Stat. 1060; Apr. 3, 1945, ch. 52, §§ 1, 2, 59 Stat. 49, related to deter- mination of claims. Section 665, act Dec. 18, 1942, ch. 766, § 6, 56 Stat. 1061, related to determinations made by prior commissions, and to certification by the Secretary of State. Section 666, act Dec. 18, 1942, ch. 766, § 7, 56 Stat. 1061, provided for conversion of appraisals from Mexican to American currency, and for interest on award or ap- praisal. Section 667, acts Dec. 18, 1942, ch. 766, § 8, 56 Stat. 1061; Apr. 3, 1945, ch. 52, §§ 3, 6, 59 Stat. 49, 50, created Mexi- can Claims Fund, provided for appropriations to Fund, and for manner of payments from such Fund.