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Chapter 11 --
FOREIGN AGENTS AND PROPAGANDA
SUBCHAPTER I –
GENERALLY
Sec. 601. Acting as
foreign government agent without notice to Secretary of State
SUBCHAPTER II –
REGISTRATION OF FOREIGN PROPAGANDISTS
Sec.
611 Definitions
612 Registration
statement; filing contents
613 Same; additional
statement after 6 months; contents
614 Same; permanent
record; public inspection
615 Failure to
register; false statement; omission of material facts; penalties
616 Rules,
regulations, and forms
617 Liability of
Officers.
618 Enforcement and
Penalties
619 Territorial
applicability of subchapter
620 Rules and
regulations
621 Reports to
Congress
SUBCHAPTER
I.—Generally
601 Acting as foreign
governmental agent without notice to Secretary of State
Whoever, other than a
diplomatic or consular official or attaché, shall act in the United
States as an agent of a foreign government without prior notification to
the Secretary of State shall be punished by imprisonment for not more
than ten years and may, in the discretion of the courts, be fined not
more than $5000.
SUBCHAPTER II –
REGISTRATION OF FOREIGN PROPAGANDISTS
EX. ORD. NO. 9176 TRANSFER
OF REGISTRATION FUNCTIONS FROM THE SECRETARY OF STATE TO THE ATTORNEY
GENERAL.
Ex. Ord. No. 9176, May 29,
1942, 7 F R 4127 provided;
By virtue of the authority
vested in me by Title I of the First War Powers Act, 1941, approved
December 18, 1941 (Public Law No. 354, 77th Congress (Title
50 App., 601 et seq)), and as President of the United States, it is
hereby ordered as follows:
All functions, power and
duties of the Secretary of State under the act of June 8, 1938 (52 Stat.
631 (section 611 of this title)), as amended by the act of August 7,
1939 (53 Stat. 1244 (section 611 of this title)), requiring the
registration of agents of foreign principals, are hereby transferred to
and vested in the Attorney General XE "Attorney General" . All property,
books and records heretofore maintained by the Secretary of State with
respect to his administration of said act of June 8, 1938, as amended,
are hereby transferred to and vested in the Attorney General. The
Attorney General shall furnish to the Secretary of State for such
comment, if any, as the Secretary of State may desire to make from the
point of view of the foreign relations of the United States, one copy of
each registration statement that is hereafter filed with the Attorney
General in accordance with the provisions of this Executive order. All
rules, regulations and forms which have been issued by the Secretary of
State pursuant to the provisions of said act of June 8, 1938, as
amended, and which are in effect shall continue in effect until
modified, superseded, revoked or repealed by the Attorney General. This
order shall become effective as of June 1, 1942.
Definitions.
As used in and for
the purposes of this subchapter—
(a) The term "person" means
an individual, partnership, association, or corporation;
The term "United States"
includes the United States and any place subject to the jurisdiction
thereof;
(b) The term "foreign
principal" includes—
A government of a foreign
country and a foreign political party; An individual affiliated or
associated with, or supervised, directed, controlled, financed, or
subsidized, in whole or in part, by any foreign principal defined in
clause (1) of this subsection; A person outside of the United States,
unless it is established that such person is an individual and is a
citizen of and domiciled within the United States or that such person is
not an individual, is organized under or created by the laws of the
United States or of any State or other place subject to the jurisdiction
of the United States, and has its principal place of business within the
United States. Nothing in this clause shall limit the operation of the
clause (5) of this subsection; A partnership, association, corporation,
organization, or other combination of individuals organized under the
laws of, or having its principal place of business in, a foreign country
A domestic partnership,
association, corporation, organization, or other combination of
individuals, subsidized directly or indirectly, in whole or in part, by
any foreign principal defined in clause (1), (3), or (4) of this
subsection;
(c) except as provided in
subsection (d) of this section, the term "agent of a foreign principal"
includes—any person who acts or agrees to act, within the United States,
as, or who is or holds himself out to be whether or not pursuant to
contractual relationship, a public-relations counsel, publicity agent,
information-service employee, servant, agent, representative, or
attorney for a foreign principal; any person who within the United
States collects information for or reports information to a foreign
principal; who within the United States solicits or accepts
compensation, contributions, or loans, directly or indirectly, from a
foreign principal; who within the United States solicits, disburses,
dispenses, or collects compensation, contributions, loans, money, or
anything of value, directly or indirectly, for a foreign principal; who
within the United States acts at the order, request, or under the
direction, of a foreign principal; Any person who assumes or purports to
act within the United States as an agent of a foreign principal in any
of the respects set forth in clauses (1) and (2) of this subsection; and
Any person who is an officer or member of the active or reserve
military, naval, or other armed forces of any foreign principal defined
in clause (1) of subsection (b) of this section, or who is an officer of
or employed by any such foreign principal; and proof of any affiliation
or employment, specified in this clause, of any person within a period
of five years previous to the effective date of this subchapter shall
create a rebuttable presumption that such person is an agent of a
foreign principal;
(d) The term "agent of a
foreign principal" does not include any news or press service or
association organized under the laws of the United States or of any
State or other place subject to the jurisdiction of the United States,
or any newspaper, magazine, periodical, or other publication for which
there is on file with the Postmaster General a sworn statement in
compliance with section 233 of Title 39, published in the United States,
solely by virtue of any bona fide news or journalistic activities,
including the solicitation or acceptance of advertisements,
subscriptions, or other compensation therefore, so long as it is at
least 80 per centum beneficially owned by, and its officers and
directors, if any, are citizens of the United States, and such news or
press service or association, newspaper, magazine, periodical, or other
publication, is not owned, directed, supervised, controlled, subsidized,
or financed, and none of its policies are determined by any foreign
principal defined in clause (1), (2), or (4) of subsection (b) of this
section, or by any agent of a foreign principal required to register
under this subchapter; The term "government of a foreign country"
includes any person or groups of persons exercising sovereign de facto
or de jure political jurisdiction over any country, other than the
United States, or over any part of such country, and includes any
subdivision of any such group and any group or agency to which such
sovereign de facto or de jure authority or function are directly or
indirectly delegated. Such term shall include any faction or body of
insurgents within a country assuming to exercise governmental authority
whether such faction or body of insurgents has or has not been
recognized by the United States.
(e) The term "government of
a foreign country" includes any person or groups exercising sovereign de
facto or de jure political jurisdiction over any country, other than the
United States, or over any part of such country, and includes any
subdivision of any such group and any group or agency to which such
sovereign de facto or de jure authority or functions are directly or
indirectly delegated. Such term shall include any faction or body of
insurgents within a country assuming to exercise governmental authority
whether such faction or body of insurgents has or has not been
recognized by the United States;
(f) The term "foreign
political party" includes any organization or any other combination of
individuals in a country other than the United States, or any unit or
branch thereof, having for an aim or purpose, or which is engaged in any
activity devoted in whole or in part to, the establishment,
administration, control, or acquisition of administration, control, or
acquisition of administration or control, of a government of a foreign
country or a subdivision thereof, or the furtherance of or influencing
of the political or public interests, policies, or relations of a
government of a foreign country thereof;
(g) The term "public
relations counsel" includes any person who engages directly or
indirectly in informing, advising, or in any way representing a
principal in any matter pertaining to political or public interests,
policies, or relations;
(h) The term "publicity
agent" includes any person who engages directly or indirectly in the
publication or dissemination of oral, visual, graphic, written, or
pictorial information or matter of any kind, including publication by
means of advertising, books, periodicals, newspapers, lectures,
broadcasts, motion pictures, or otherwise;
(i) The term "information
service employee" includes any person who is engaged in furnishing,
disseminating, or publishing accounts, descriptions, information, or
data with respect to the political, industrial, employment, economic,
social, cultural , or other benefits, advantages, facts, or conditions
of any country other than the United States or of any government of a
foreign country or a foreign political party or of a partnership,
association, corporation, organization, or other combination of
individuals organized under the laws of, or having its principal place
of business in, a foreign country;
(j) The term "political
propaganda XE "propaganda" " includes any oral, visual, graphic,
written, pictorial, or other communication or expression by any person
(1) which is reasonably adapted to, or which the person disseminating
the same believes will, or which he intends to, prevail upon,
indoctrinate, convert, induce, or in any other way influence a recipient
or any section of the public within the United States with reference to
the political or public interests, policies, or relations of a
government of a foreign country or a foreign political party or with
reference to the foreign policies of the United States or promote in the
United States racial, religious, or social dissensions, or (2) which
advocates, advises, instigates, or promotes any racial, social,
political, or religious disorder, civil riot, or other conflict
involving the use of force or violence in any other American republic or
the overthrow of any government or political subdivision of any other
American republic by any means involving the use of force or violence.
As used in this subsection the term "disseminating" includes
transmitting or causing to be transmitted in the United States mails or
by any means or instrumentality of interstate or foreign commerce or
offering or causing to be offered in the United States mails;
(k) The term "registration
statement" means the registration statement required to be filed with
the Attorney General XE "Attorney General" under section 612 (a) of
this title, and any supplements thereto required to be filed under
section 612 (b) of this title, and includes all documents and papers
required to be filed therewith or amendatory thereof or supplemental
thereto, whether attached thereto or incorporated therein by reference;
(l) The term "American
republic" includes any of the states which were signatory to the Final
Act of the Second Meeting of the Ministers of Foreign Affairs of the
American Republic at Habana, Cuba, July 30, 1940.
(m) The term "United
States", when used in a geographical sense, includes the several States,
the District of Columbia, the Territories, the Canal Zone, the insular
possessions, and all other places now or hereafter subject to the civil
or military jurisdiction of the United States;
(n) The term "prints" means
newspapers and periodicals, books, pamphlets, sheet music, visiting
cards, address cards, printing proofs, engravings, photographs,
pictures, drawings, plans, maps, patterns to be cut out, catalogs,
prospectuses, advertisements, and printed, engraved, lithographed, or
autographed notices of various kinds, and, in general, all impressions
or reproductions obtained on paper or other material assimilable to
paper, on parchment or on cardboard, by means of printing, engraving,
lithography, autography, or any other easily recognizable mechanical
process, with the exception of the copying press, stamps with movable or
immovable type, and the typewriter;
POLICY AND PURPOSE OF
SUBCHAPTER
Act Apr. 29, 1942, cited to
text, amending generally act June 8, 1938, also cited, added an opening
paragraph preceding section I of the latter act and reading as follows:
"It is hereby declared to be the policy and purpose of this Act (Title
22, 611 et seq) to protect the national defense, internal security, and
foreign relations of the United States by requiring public disclosure by
persons engaging in propaganda XE "propaganda" activities and other
activities for or on behalf of foreign governments, foreign political
parties, and other foreign principals so that the Government and the
people of the United States may be informed of the identity of such
persons and may appraise their statements and actions in the light of
their associations and activities."
612 Registration
(a) No person shall act as
an agent of a foreign principal unless he has filed with the Attorney
General XE "Attorney General" a true and complete registration
statement and supplements thereto as required by this subsection and
subsection (b) of this section or unless he is exempt from registration
under the provisions of this subchapter. Except as hereinafter provided,
every person who is an agent of a foreign principal on the effective
date of this subchapter shall, within ten days thereafter and every
person who becomes an agent of a foreign principal after the effective
date of this subchapter shall, within ten days thereafter, file with the
Attorney General, in duplicate, a registration statement, under oath, on
a form prescribed by the Attorney General, of which one copy shall be
transmitted promptly by the Attorney General to the Secretary of State
for such comment, if any, as the Secretary of State may desire to make
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. This registration statement
shall include the following, which shall be regarded as material for the
purpose of this subchapter;
Registrant's name, principal
business address, and all other business addresses in the United States
or elsewhere, and all residence addresses, if any;
Status of the registrant, if
an individual nationality; if a partnership, name, residence addresses,
and nationality of each partner and a true and complete copy of its
articles of copartnership; if an association, corporation, organization,
or any other combination of individuals, the name, residence addresses,
and nationality of each director and officer and of each person
performing the functions of a director or officer and a true and
complete copy of its charter, articles of incorporation, association,
constitution, and bylaws XE "bylaws" , and amendments thereto; a copy of
every other instrument or document and a statement of the terms and
conditions of every oral agreement relating to its organization, powers,
and purposes; and a statement of its ownership and control;
A comprehensive statement of
the nature of registrant's business; a complete list of registrant's
employees and a statement of the nature of the work of each, unless, and
to the extent, this requirement is waived in writing by the Attorney
General XE "Attorney General" ; the name and address of every foreign
principal for whom the registrant is acting, assuming or purporting to
act or has agreed to act; if the character of the business or other
activities of every such foreign principal be other than a natural
person, a statement of the ownership and control of each; and the
extent, if any, to which each such foreign principal is supervised,
directed, owned, controlled, financed or subsidized, in whole or in
part, by any government of a foreign country or foreign political party;
Copies of each written
agreement and the terms and conditions of each oral agreement, including
all modifications of such agreements, or, where no contract exists, a
full statement of all the circumstances, by reason of which the
registrant is an agent of the a foreign principal; a comprehensive
statement of the nature and method of performance of each such contract,
and of the existing and proposed activity or activities engaged in or to
be engaged in by the registrant as agent of a foreign principal for each
such foreign principal;
The nature and amount of
contributions, income, money, or thing of value, if any, that the
registrant has received within the preceding sixty days from each such
foreign principal, either as compensation or for disbursement or
otherwise, and the form and time of each such payment and from whom
received;
A detailed statement of
every activity which the registrant is performing or is assuming or
purporting or has agreed to perform for himself or any other person
other than a foreign principal and which requires his registration
hereunder;
The name, business, and
residence addresses, and, if an individual, the nationality, of any
person who has within the preceding sixty days contributed or paid money
or anything of value to the registrant in connection with any of the
activities referred to in clause (6) of this subsection and the amount
or value of the same;
A detailed statement of the
money and other things of value spent or disposed of by the registrant
during the preceding sixty days in furtherance of or in any way in
connection with activities which require his registration hereunder and
which have been undertaken by him either as an agent of a foreign
principal or for himself or any other person;
Copies of each written
agreement and the terms and conditions of each oral agreement, including
all modifications of such agreements, or, where no contract exists, a
full statement of all the circumstances, by reason of which the
registrant is performing or assuming or purporting or has agreed to
perform for himself or for a foreign principal any activities which
require his registration hereunder;
Such other statements,
information, or documents pertinent to the purposes of this subchapter
as the Attorney General XE "Attorney General" , having due regard for
the national security and the public interest, any from time to time
require;
Such further statements and
such further copies of documents as are necessary to make the statements
made in the registration statement and supplements thereto, and the
copies of documents furnished therewith, not misleading.
(b) Every agent of a foreign
principal who has filed a registration statement required by subsection
(a) of this section shall, within thirty days after the expiration of
each period of six months succeeding such filing, file with the Attorney
General XE "Attorney General" a supplement thereto under oath, on a
form prescribed by the Attorney General, which shall set forth with
respect to such preceding six months' period such facts as the Attorney
General, having due regard for the national security and the public
interest, may deem necessary to make the information required under this
section accurate, complete, and current with respect to such period. In
connection with the information furnished under clauses (3), (4), (6)
and (9) of subsection (a) of this section, the registrant shall give
notice to the Attorney General of any changes therein within ten days
after such changes occur. If the Attorney General, having due regard for
the national security and the public interest, determines that it is
necessary to carry out the purposes of this subchapter he may, in any
particular case, require supplements to the registration statement to be
filed at more frequent intervals in respect to all or particular items
of information to be furnished.
(c) The registration
statement and supplements thereto shall be executed under oath as
follows: If the registrant is an individual, by him; if the registrant
is a partnership, by the majority of the members thereof; if the
registrant is a person other than an individual or a partnership, by a
majority of the officers thereof or persons performing the functions of
officers or by a majority of the officers thereof or persons performing
the functions of officers or by a majority of the board of directors
thereof or persons performing the functions of directors, if any.
(d) The fact that a
registration statement or supplement thereto has been filed shall not
necessarily be deemed a full compliance with this subchapter and the
regulations there under on the part of the registrant; nor shall it
indicate that the Attorney General XE "Attorney General" has in any way
passed upon the merits of such registration statement or supplement
thereto; nor shall it preclude prosecution, as provided for in this
subchapter, for willful failure to file a registration statement or
supplement thereto when due or for a willful false statement of a
material fact therein or the willful omission of a material fact
required to be stated therein or the willful omission of a material fact
or copy of a material document necessary to make the statements made in
a registration statement and supplements thereto, and the copies of
documents furnished therewith, not misleading.
(e) If any agent of a
foreign principal, required to register under the provisions of this
subchapter, has previously thereto registered with the Attorney General
XE "Attorney General" under the provisions of section 14'17 of Title
18, the Attorney General, in order to eliminate inappropriate
duplication, may permit the incorporation by reference in the
registration statement or supplements thereto filed hereunder of any
information or documents previously filed by such agent of a foreign
principal under the provisions of said section.
613, Exemptions.
The requirements of section
612 (a) of this title shall not apply to the following agents of foreign
principals:
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;
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;
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;
Any person engaging or
agreeing to engage only in private, nonpolitical, financial, mercantile,
or other activities in furtherance of the bona fide trade or commerce of
such foreign principal or in the soliciting or collecting of funds and
contributions within the United States to be sued 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 sections 441, 444, 445,
and 447-457 of this title and such rules and regulations as may be
prescribed thereunder;
Any person engaging or
agreeing to engage only in activities in furtherance of bona fide
religious, scholastic, academic, or scientific pursuits or the fine
arts;
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 of both 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 XE "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.
614 Filing and
Labeling of political propaganda XE "propaganda"
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 commerce any political
propaganda XE "propaganda" (i) in the form of prints, or (ii) in any
other form which is reasonably 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
beginning of the transmittal thereof, send to the Librarian of Congress
two copies thereof and file with the Attorney General XE "Attorney
General" one copy thereof and a statement, duly signed by or on behalf
of such agent, setting forth full information as to the places, times,
and extent of such transmittal.
It shall be unlawful for any
person within the United States who is an agent of a foreign principal
and required to register under the provisions 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 political
propaganda XE "propaganda" (i) in the form of prints, or (ii) in any
other form which is reasonably adapted into being, or which he believes
will be or which he intends to be, disseminated or circulated among two
or more persons, unless such political propaganda is conspicuously
marked at its beginning with, or prefaced or accompanied by, a true and
accurate statement, in the language or languages used in such political
propaganda, setting forth that the person transmitting such political
propaganda or causing it to be transmitted is registered under this
subchapter with the Department of Justice XE "US Department of Justice"
, Washington, District of Columbia, as an agent of a foreign principal,
together with the name and address of such agent of a foreign principal
and of each of his foreign principals; that, as required by this
subchapter, his registration statement is available for inspection at
and copies of such political propaganda are being filed with the
Department of Justice XE "US Department of Justice" ; and that
registration of agents of foreign principals required by the subchapter
does not indicate approval by the United States Government of the
contents of their political propaganda. The Attorney General XE
"Attorney General" , having due regard for the national security and the
public interest, may by regulation prescribe the language or languages
and the manner and form in which such statement shall be made and
require the inclusion of such other information contained in the
registration statement identifying such agent of a foreign principal and
such political propaganda and its sources as may be appropriate.
The copies of political
propaganda XE "propaganda" required by this subchapter to be sent to
the Librarian of Congress shall be available for public inspection under
such regulations as he may prescribe.
For purposes of the Library
of Congress XE "Library of Congress (LOC)" , other than for public
distribution, the Secretary of the Treasury and the Postmaster General
are authorized, upon the request of the Librarian of Congress, to
forward to the Library of Congress XE "Library of Congress (LOC)" 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 section 343 of Title 18.
Notwithstanding the
provisions of section 1365 of Title 19 and of section 343 of Title 18,
the Secretary of the Treasury is authorized to permit the entry and the
Postmaster General is authorized to permit the transmittal in the mails
of foreign prints imported for governmental purposes by authority or for
the use of the United States or for the use of the Library of Congress
XE "Library of Congress (LOC)" .
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, as the Attorney
General XE "Attorney General" , having due regard for the national
security and the public interest, may by regulation prescribe as
necessary 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 regulations are in
effect under this section every agent of a foreign principal shall keep
books of account and shall preserve all written records with respect to
his activities. Such books and records shall be open at all reasonable
times to the inspection of any official charged with the enforcement of
this subchapter. It shall be unlawful for any person willfully to
conceal, destroy, obliterate, mutilate, or falsify, or attempt to
conceal, destroy, obliterate, mutilate, or falsify, or cause to be
concealed, destroyed, obliterated, mutilated, or falsified, any books or
records required to be kept under the provisions of this section.
616 Public examination of
official records.
The Attorney General XE
"Attorney General" shall retain in permanent form one copy of all
registration statements and all statements concerning the distribution
of political propaganda XE "propaganda" 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 prescribe. The Attorney General may withdraw from
public examination the registration statement and other statements of
any agent of a foreign principal whose activities have ceased to be of a
character which requires registration under the provisions of this
subchapter.
617 Liability of
officers
Each officer, or person
performing the functions 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 individual shall be under obligation to cause
such agent to execute and file a registration statement and supplements
thereto as and when such filing is required under section 612 (a) and
(b) of this title and shall also be under obligation to cause such agent
to comply with all the requirements of sections 612 (a) and (b), and 615
of this title and all other requirements of this subchapter. 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 officers, or persons
performing the functions of officers, and each of its directors, or
persons performing the functions of directors, shall be subject to
prosecution therefore.
618. Enforcement and
penalties.
Any person who—
Willfully violates any
provision of this subchapter or any regulation thereunder, or
In any registration
statement or supplement thereto or in any statement under section 614
(a) of this title concerning the distribution of political propaganda XE
"propaganda" or in any other document filed with or furnished to the
Attorney General XE "Attorney General" under the provisions of this
subchapter willfully makes a false statement of a material fact or
willfully omits any material fact required to be stated therein or
willfully omits a material fact or a copy of a material document
necessary to make the statements therein and the copies of documents
furnished therewith not misleading, shall, upon conviction thereof be
punished by a fine of not more than $10,000 or by imprisonment for not
more than five years, or both.
B. 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. 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
deportation in the manner provided by sections 155 and 156 of Title 8.
The Postmaster General may
declare to be nonmailable any communication or expression falling within
clause (2) of section 611 (j) of this title in the form of prints or in
any other form reasonably adapted to, or reasonably appearing 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 republic by
any agent of a foreign principal, if the Postmaster General 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.
619. Territorial
applicability of subchapter.
This subchapter shall be
applicable in the several States, the District of Columbia, the
Territories, the Canal Zone, the insular possessions, and all other
places now or hereafter subject to the civil or military jurisdiction of
the United States.
620. Rules and Regulations
The Attorney General XE
"Attorney General" may at any time make, prescribe, amend, and rescind
such rules, regulations, and forms as he may deem necessary to carry out
the provisions of this subchapter.
621. The Attorney General XE
"Attorney General" shall, from time to time, make a report to the
Congress concerning the administration of this subchapter, including the
nature, sources, and content of political propaganda XE "propaganda"
disseminated or distributed.
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Isaiah L. Kenen: Foreign Agent to
Founder of AIPAC
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