22 U.S.C. § 613 — Exemptions

Page 311 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 613 1950—Subsec. (a). Act Aug. 3, 1950, made failure to register a continuing offense. 1942—Act Apr. 29, 1942, amended section generally. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–81, title II, § 212(c), Sept. 14, 2007, 121 Stat. 750, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 616 of this title] shall take effect on the 90th day after the date of the enactment of this Act [Sept. 14, 2007].’’ 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. FEES FOR NECESSARY EXPENSES OF REGISTRATION UNIT Pub. L. 102–395, title I, Oct. 6, 1992, 106 Stat. 1831, pro- vided in part that: ‘‘In addition, notwithstanding 31 U.S.C. 3302, for fiscal year 1993 and thereafter, the At- torney General shall establish and collect fees to re- cover necessary expenses of the Registration Unit (to include salaries, supplies, equipment and training) pur- suant 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 ex- pended.’’ § 613. Exemptions The requirements of section 612(a) of this title shall not apply to the following agents of for- eign principals: (a) Diplomatic or consular officers A duly accredited diplomatic or consular offi- cer of a foreign government who is so recognized by the Department of State, while said officer is engaged exclusively in activities which are rec- ognized 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 cit- izen of the United States, whose name and sta- tus and the character of whose duties as such of- ficial are of public record in the Department of State, while said official is engaged exclusively in activities which are recognized by the Depart- ment of State as being within the scope of the functions of such official; (c) Staff members of diplomatic or consular offi- cers Any member of the staff of, or any person em- ployed by, a duly accredited diplomatic or con- sular 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 perform- ance 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; solicita- tion 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 activi- ties not serving predominantly a foreign inter- est; 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 con- tributions 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 re- ligious, scholastic, academic, or scientific pur- suits 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 poli- cies of the Government of the United States, (2) each communication or expression by such per- son or employee which he intends to, or has rea- son 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 iden- tity of such person as an agent of such foreign principal is disclosed therein, and (3) such gov- ernment of a foreign country furnishes to the Secretary of State for transmittal to, and reten- tion for the duration of this subchapter by, the Attorney General such information as to the identity and activities of such person or em- ployee 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 de- fense, may, with the approval of the Secretary of State, and shall, at the request of the Sec- retary of State, terminate in whole or in part the exemption herein of any such person or em- ployee; (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 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-