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22 U.S.C. § 611 — Definitions

submitted 88 years ago by ch. 327 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 1,321 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines terms used in the Foreign Agents Registration Act subchapter. Definition (j) is repealed.

For this subchapter: (a) “person” includes an individual, partnership, association, corporation, organization, or other combination of individuals. (b) “foreign principal” includes (1) a government of a foreign country and a foreign political party; (2) a person outside the United States, unless that person is an individual who is a United States citizen domiciled in the United States, or is not an individual and is organized under United States law or the law of a State or other place under United States jurisdiction and has its principal place of business in the United States; and (3) a partnership, association, corporation, organization, or other combination of persons organized under the laws of, or having its principal place of business in, a foreign country. (c) Except as subsection (d) provides, an “agent of a foreign principal” is a person acting as an agent, representative, employee, servant, or in another capacity at the order, request, or direction or control of a foreign principal, or of a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal, and who directly or through another person, within the United States, (i) engages in political activities for or in the interests of that foreign principal; (ii) acts as a public-relations counsel, publicity agent, information-service employee, or political consultant for or in the interests of that foreign principal; (iii) solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of that foreign principal; or (iv) represents that foreign principal before an agency or official of the United States Government. (2) It also includes a person who agrees, consents, assumes or claims to act as, or is or holds themselves out to be, whether or not under a contract, an agent of a foreign principal as described in clause (1). (d) The term “agent of a foreign principal” does not include a qualifying news or press service or association organized under United States law or the law of a State or other place under United States jurisdiction, or a newspaper, magazine, periodical, or other publication published in the United States, solely because of bona fide news or journalistic activities, including soliciting or accepting advertising, subscriptions, or other compensation, if information complying with 39 U.S.C. § 3611 is on file with the United States Postal Service and the service, association, newspaper, magazine, periodical, or publication is at least 80 percent beneficially owned by United States citizens, its officers and directors, if any, are United States citizens, and it is not owned, directed, supervised, controlled, subsidized, or financed, and none of its policies are determined, by a foreign principal defined in subsection (b) or by an agent of a foreign principal required to register under this subchapter. (e) “Government of a foreign country” includes persons or groups exercising actual or legal sovereign authority over a non-United States country or part, including delegated groups and unrecognized insurgents claiming authority. (f) “Foreign political party” includes qualifying non-United States organizations concerned with establishing, administering, controlling, or influencing a foreign government or its public or political interests. (g) “Public-relations counsel” informs, advises, or represents a principal on such matters. (h) “Publicity agent” publishes or distributes information of any kind through advertising, books, periodicals, newspapers, lectures, broadcasts, films, or otherwise. (i) “Information-service employee” supplies, distributes, or publishes information about political, industrial, employment, economic, social, cultural, or other conditions of foreign countries, governments, parties, or foreign entities. (j) Repealed by Pub. L. 104–65, § 9(1)(A), December 19, 1995, 109 Stat. 699. (k) “Registration statement” includes the required statement, supplements, and attached, amending, supplemental, or incorporated papers. (l) “American republic” includes the States signing the July 30, 1940, Havana Final Act. (m) Geographically, “United States” includes the States, District of Columbia, Territories, Canal Zone, insular possessions, and all places under United States civil or military jurisdiction. (n) “Prints” includes the listed printed or reproduced newspapers, periodicals, books, pamphlets, music, cards, proofs, engravings, photographs, pictures, drawings, plans, maps, patterns, catalogs, prospectuses, advertisements, and notices, but excludes copying presses, type stamps, and typewriters. (o) “Political activities” means activity intended or believed likely to influence a United States agency, official, or public about United States policy or a foreign government’s or party’s political or public interests, policies, or relations. (p) “Political consultant” informs or advises about those United States policies or foreign interests.

the actual law source: uscode.house.gov ↗public domain

As used in and for the purposes of this subchapter—

(a)

The term “person” includes an individual, partnership, association, corporation, organization, or any other combination of individuals;

(b)

The term “foreign principal” includes—

(1)

a government of a foreign country and a foreign political party;

(2)

a person outside of the United States, unless it is established that such person is an individual and a citizen of and domiciled within the United States, or that such person is not an individual and 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; and

(3)

a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country.

(c)

Expect 1 as provided in subsection (d) of this section, the term “agent of a foreign principal” means—

(1)

any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal, and who directly or through any other person—

(i)

engages within the United States in political activities for or in the interests of such foreign principal;

(ii)

acts within the United States as a public relations counsel, publicity agent, information-service employee or political consultant for or in the interests of such foreign principal;

(iii)

within the United States solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of such foreign principal; or

(iv)

within the United States represents the interests of such foreign principal before any agency or official of the Government of the United States; and

(2)

any person who agrees, consents, assumes or purports to act as, or who is or holds himself out to be, whether or not pursuant to contractual relationship, an agent of a foreign principal as defined in clause (1) of this subsection.

(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 United States Postal Service information in compliance with section 3611 2 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 therefor, 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 subsection (b) of this section, or by any agent of a foreign principal required to register under this subchapter;

(e)

The term “government of a foreign country” includes any person or group 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 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 or control, of a government of a foreign country or a subdivision thereof, or the furtherance or influencing of the political or public interests, policies, or relations of a government of a foreign country or a subdivision 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 public relations matter pertaining to political or public interests, policies, or relations of such principal;

(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 of 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)

Repealed. Pub. L. 104–65, § 9(1)(A), Dec. 19, 1995, 109 Stat. 699.

(k)

The term “registration statement” means the registration statement required to be filed with the 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 Republics 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;

(o)

The term “political activities” means any activity that the person engaging in believes will, or that the person intends to, in any way influence any agency or official of the Government of the United States or any section of the public within the United States with reference to formulating, adopting, or changing the domestic or foreign policies of the United States or with reference to the political or public interests, policies, or relations of a government of a foreign country or a foreign political party;

(p)

The term “political consultant” means any person who engages in informing or advising any other person with reference to the domestic or foreign policies of the United States or the political or public interest, policies, or relations of a foreign country or of a foreign political party.

Source credit: (June 8, 1938, ch. 327, § 1, 52 Stat. 631; Aug. 7, 1939, ch. 521, § 1, 53 Stat. 1244; Apr. 29, 1942, ch. 263, § 1, 56 Stat. 249; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Sept. 23, 1950, ch. 1024, title I, § 20(a), 64 Stat. 1005; Aug. 1, 1956, ch. 849, § 1, 70 Stat. 899; Pub. L. 87–366, § 1, Oct. 4, 1961, 75 Stat. 784; Pub. L. 89–486, § 1, July 4, 1966, 80 Stat. 244; Pub. L. 91–375, § 6(k), Aug. 12, 1970, 84 Stat. 782; Pub. L. 104–65, § 9(1), Dec. 19, 1995, 109 Stat. 699.)

history & why it existsrecord from the source credit
  • 1938Enacted · Act of June 8, 1938, ch. 327 · 52 Stat. 631
  • 1939Amended · Act of Aug. 7, 1939, ch. 521 · 53 Stat. 1244
  • 1942Amended · Act of Apr. 29, 1942, ch. 263 · 56 Stat. 249
  • 1950Amended · Act of Sept. 23, 1950, ch. 1024 · 64 Stat. 1005
  • 1956Amended · Act of Aug. 1, 1956, ch. 849 · 70 Stat. 899
  • 1961Amended · Pub. L. 87-366 · 75 Stat. 784
  • 1966Amended · Pub. L. 89-486 · 80 Stat. 244
  • 1970Amended · Pub. L. 91-375 · 84 Stat. 782
  • 1995Amended · Pub. L. 104-65 · 109 Stat. 699

A history note hasn’t been published yet. The record shows enactment by ch. 327 on 1938-06-08.

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