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119th Congress

Title 22 — Foreign Relations and Intercourse

Chapter 11 — Foreign Agents and Propaganda

§ 613. Exemptions

Statutory text

The requirements of section 612(a) of this title shall not apply to the following agents of foreign principals:

(a)

Diplomatic or consular officers

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;

(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 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;

(c)

Staff members of diplomatic or consular officers

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;

(d)

Private and nonpolitical activities; solicitation 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 activities not serving predominantly a foreign interest; 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 contributions 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 religious, scholastic, academic, or scientific pursuits 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 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 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;

(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 before any court of law or any agency of the Government of the United States: Provided, That for the purposes of this subsection legal representation does not include attempts to influence or persuade agency personnel or officials other than in the course of judicial proceedings, criminal or civil law enforcement inquiries, investigations, or proceedings, or agency proceedings 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 engaged 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 75–327 § 3 · 52 Stat. 631

    Enacted · 22 U.S.C. § 613

    June 8, 1938, ch. 327, § 3, 52 Stat. 632

    Source evidence

    Code source credit
    June 8, 1938, ch. 327, § 3, 52 Stat. 632

    Enacted provision · exact public law section
    Sec. 3. Every person who has filed a registration statement required by section 2 shall, within thirty days after the expiration of such period of six months succeeding the first filing, file with the Secretary a statement, under Facts to be set forth. oath, on a form prescribed by the Secretary, which shall set forth with respect to such preceding six months’ period— (a) Facts to make information accurate and current. Such facts as may be necessary to make the information required under section 2 hereof accurate and current with respect to such period; (b) Amount and form of compensation received as agent. The amount and form of compensation received by such person for acting as agent for a foreign principal which has been received during such six months’ period either directly or indirectly from any foreign principal; and (c) Statement containing details of activities during period. A statement containing such details required under this Act as the Secretary shall fix, of the activities of such persons as agent of a foreign principal during such six months’ period.

  2. Pub. L. 87–366 § 2 · 75 Stat. 784

    Substituted · 22 U.S.C. § 613(d)

    Pub. L. 87–366 substituted “private and nonpolitical financial or mercantile activities in furtherance” for “private, non-political, financial, mercantile, or other activities in furtherance”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 87–366 substituted “private and nonpolitical financial or mercantile activities in furtherance” for “private, non-political, financial, mercantile, or other activities in furtherance”.

    Enacted provision · exact public law section
    Sec. 2. Section 3(a) of such Act is amended to read as follows: “(d) Any person engaging or agreeing to engage only in private and nonpolitical financial or mercantile 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 used 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 the Act of November 4, 1939, as amended (54 Stat. 22 USC 441 et seq. 54 Stat. 4. 48), and such rules and regulations as may be prescribed thereunder;”.

  3. Pub. L. 89–486 § 3(a) · 80 Stat. 244

    1. Amended · 22 U.S.C. § 613(d)

      Pub. L. 89–486, § 3(a), designated existing provisions as cls. (1) and (3)

    2. Struck · 22 U.S.C. § 613(d)

      Pub. L. 89–486, § 3(a), struck out “financial or mercantile” before “activities” in cl. (1)

    3. Inserted · 22 U.S.C. § 613(d)

      Pub. L. 89–486, § 3(a), inserted the cl. (2) exemption of any person engaging or agreeing to engage in other activities not serving predominantly a foreign interest

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 89–486, § 3(a), designated existing provisions as cls. (1) and (3), struck out “financial or mercantile” before “activities” in cl. (1), and inserted the cl. (2) exemption of any person engaging or agreeing to engage in other activities not serving predominantly a foreign interest.

    Enacted provision · exact public law section
    (a) Section 3(d) of such Act is amended to read as follows: “(d) 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 activities not serving predominantly a foreign interest; 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 contributions is in accordance with and subject to the provisions of 22 USC 441–457. the Act of November 4, 1939, as amended (54 Stat. 4), and such rules and regulations as may be prescribed thereunder;”.

  4. Pub. L. 89–486 § 3(b) · 80 Stat. 244

    Added · 22 U.S.C. § 613(g)

    Pub. L. 89–486, § 3(b), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 89–486, § 3(b), added subsec. (g).

    Enacted provision · exact public law section
    (b) Section 3 of such Act is further amended by substituting a semicolon for the period at the end of subsection (f) and adding a new subsection as follows: “(g) Any person qualified to practice law, insofar as he engages or agrees to engage in the legal representation of a disclosed foreign principal before any court of law or any agency of the Government of the United States: Provided, That for the purposes of this subsection legal representation does not include attempts to influence or persuade agency personnel or officials other than in the course of established agency proceedings, whether formal or informal.”

  5. Lobbying Disclosure Act of 1995

    Pub. L. 104–65 § 9(2) · 109 Stat. 691

    Substituted · 22 U.S.C. § 613(g)

    Pub. L. 104–65, § 9(2), substituted “judicial proceedings, criminal or civil law enforcement inquiries, investigations, or proceedings, or agency proceedings required by statute or regulation to be conducted on the record” for “established agency proceedings, whether formal or informal”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 104–65, § 9(2), substituted “judicial proceedings, criminal or civil law enforcement inquiries, investigations, or proceedings, or agency proceedings required by statute or regulation to be conducted on the record” for “established agency proceedings, whether formal or informal”.

    Enacted provision · exact public law section
    (2) in section 3(g) (22 U.S.C. 613(g)), by striking “established agency proceedings, whether formal or informal.” and inserting “judicial proceedings, criminal or civil law enforcement inquiries, investigations, or proceedings, or agency proceedings required by statute or regulation to be conducted on the record.”;

    Effective date note
    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.

  6. Lobbying Disclosure Act of 1995

    Pub. L. 104–65 § 9(3) · 109 Stat. 691

    Added · 22 U.S.C. § 613(h)

    Pub. L. 104–65, § 9(3), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 104–65, § 9(3), added subsec. (h).

    Enacted provision · exact public law section
    (3) in section 3 (22 U.S.C. 613) by adding at the end the following: “(h) Any agent of a person described in section 1(b)(2) or an entity described in section 1(b)(3) if the agent is required to register and does register under the Lobbying Disclosure Act of 1995 in connection with the agent’s representation of such person or entity.”;

    Effective date note
    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.

  7. Lobbying Disclosure Technical Amendments Act of 1998

    Pub. L. 105–166 § 5 · 112 Stat. 38

    Substituted · 22 U.S.C. § 613(h)

    Pub. L. 105–166 substituted “has engaged in lobbying activities and has registered” for “is required to register and does register”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 105–166 substituted “has engaged in lobbying activities and has registered” for “is required to register and does register”.

    Enacted provision · exact public law section
    SEC. 5. EXEMPTION BASED ON REGISTRATION UNDER LOBBYING ACT. Section 3(h) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 613(h)) is amended by striking “is required to register and does register” and inserting “has engaged in lobbying activities and has registered”.

9 of 9 references resolved to an enrolled provision

Editorial Notes

References in Text

The Lobbying Disclosure Act of 1995, referred to in subsec. (h), is Pub. L. 104–65, , 109 Stat. 691, which is classified principally to chapter 26 (§ 1601 et seq.) of Title 2, The Congress. For complete classification 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 , by act , section related to additional registration statements after each six months period. Provisions on that subject were incorporated in section 612 of this title by 1942 amendment.

Amendments1939–1998 · 6 rounds

1998

Subsec. (h). Pub. L. 105–166 substituted “has engaged 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 enforcement inquiries, investigations, or proceedings, or agency proceedings required by statute or regulation to be conducted on the record” for “established agency proceedings, 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 existing provisions as cls. (1) and (3), struck out “financial or mercantile” before “activities” in cl. (1), and inserted the cl. (2) exemption of any person engaging or agreeing to engage in other activities not serving predominantly 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, mercantile, or other activities in furtherance”.

1942

Act , amended section generally.

1939

Act , amended section generally.

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–65 effective , 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 , 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 , effective on the sixtieth day after , except that prior to such sixtieth day the Attorney General may make, prescribe, amend, and rescind such rules, regulations, and forms as may be necessary to carry out act , see section 3 of act , set out as a note under section 611 of this title.

Credits

1938–1998 · 7 acts
  1. 1938June 8, 1938, ch. 327, § 3, 52 Stat. 632
  2. 1939Aug. 7, 1939, ch. 521, § 2, 53 Stat. 1245
  3. 1942Apr. 29, 1942, ch. 263, § 1, 56 Stat. 254
  4. 1961Pub. L. 87–366, § 2, , 75 Stat. 784
  5. 1966Pub. L. 89–486, § 3, , 80 Stat. 246
  6. 1995Pub. L. 104–65, § 9(2), (3), , 109 Stat. 700
  7. 1998Pub. L. 105–166, § 5, , 112 Stat. 39.
Show as published

(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, , 75 Stat. 784; Pub. L. 89–486, § 3, , 80 Stat. 246; Pub. L. 104–65, § 9(2), (3), , 109 Stat. 700; Pub. L. 105–166, § 5, , 112 Stat. 39.)

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