22 U.S.C. § 616 — Public examination of official records;

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- 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