Title 22 — Foreign Relations and Intercourse
Chapter 11 — Foreign Agents and Propaganda
§ 618. Enforcement and penalties
Statutory text
Violations; false statements and willful omissions
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 other document filed with or furnished to the 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, 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.
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.
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.].
Repealed. Pub. L. 104–65, § 9(8)(B), , 109 Stat. 700
Continuing offense
Failure to file any such registration statement or supplements thereto as is required by either section 612(a) or section 612(b) of this title shall be considered a continuing offense for as long as such failure exists, notwithstanding any statute of limitation or other statute to the contrary.
Injunctive remedy; jurisdiction of district court
Whenever in the judgment of the Attorney General any person is engaged in or about to engage in any acts which constitute or will constitute a violation of any provision of this subchapter, or regulations issued thereunder, or whenever any agent of a foreign principal fails to comply with any of the provisions of this subchapter or the regulations issued thereunder, or otherwise is in violation of the subchapter, the Attorney General may make application to the appropriate United States district court for an order enjoining such acts or enjoining such person from continuing to act as an agent of such foreign principal, or for an order requiring compliance with any appropriate provision of the subchapter or regulation thereunder. The district court shall have jurisdiction and authority to issue a temporary or permanent injunction, restraining order or such other order which it may deem proper.
Deficient registration statement
If the Attorney General determines that a registration statement does not comply with the requirements of this subchapter or the regulations issued thereunder, he shall so notify the registrant in writing, specifying in what respects the statement is deficient. It shall be unlawful for any person to act as an agent of a foreign principal at any time ten days or more after receipt of such notification without filing an amended registration statement in full compliance with the requirements of this subchapter and the regulations issued thereunder.
Contingent fee arrangement
It shall be unlawful for any agent of a foreign principal required to register under this subchapter to be a party to any contract, agreement, or understanding, either express or implied, with such foreign principal pursuant to which the amount or payment of the compensation, fee, or other remuneration of such agent is contingent in whole or in part upon the success of any political activities carried on by such agent.
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.
Pub. L. 77–327 § 8 · 56 Stat. 308
Enacted · 22 U.S.C. § 618
June 8, 1938, ch. 327, § 8, as added Apr. 29, 1942, ch. 263, § 1, 56 Stat. 257
Source evidence
Code source credit
June 8, 1938, ch. 327, § 8, as added Apr. 29, 1942, ch. 263, § 1, 56 Stat. 257Public Law not identified
Added · 22 U.S.C. § 618(e)
Subsec. (e). Act Sept. 23, 1950, added subsec. (e)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (e). Act Sept. 23, 1950, added subsec. (e).Public Law not identified
Substituted · 22 U.S.C. § 618(c)
Subsec. (c). Act June 27, 1952, substituted “sections 1251 to 1253 of title 8” for “sections 155 and 156 of title 8”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (c). Act June 27, 1952, substituted “sections 1251 to 1253 of title 8” for “sections 155 and 156 of title 8”.Pub. L. 89–486 § 7(1) · 80 Stat. 244
Inserted · 22 U.S.C. § 618(a)(2)
Pub. L. 89–486, § 7(1), inserted exception provision
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 89–486, § 7(1), inserted exception provision.Enacted provision · exact public law section
(1) Subsection (a) is amended by adding before the period at the end of paragraph (2) a comma and the following: “except that in the case of a violation of subsection (b), (e), or (f) of section 4 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”.Pub. L. 89–486 § 7(2) · 80 Stat. 244
Added · 22 U.S.C. § 618(f)(h)
Pub. L. 89–486, § 7(2), added subsecs. (f) to (h)
Source evidence
Code amendment note
Subsecs. (f) to (h). Pub. L. 89–486, § 7(2), added subsecs. (f) to (h).Enacted provision · exact public law section
(2) Such section is further amended by adding at the end thereof the following new subsections: “(f) Whenever in the judgment of the Attorney General any person is engaged in or about to engage in any acts which constitute or will constitute a violation of any provision of this Act, or regulations issued thereunder, or whenever any agent of a foreign principal fails to comply with any of the provisions of this Act or the regulations issued thereunder, or otherwise is in violation of the Act, the Attorney General may make application to the appropriate United States district court for an order enjoining such acts or enjoining such person from continuing to act as an agent of such foreign principal, or for an order requiring compliance with any appropriate provision of the Act or regulation thereunder. The district court shall have jurisdiction and authority to issue a temporary or permanent injunction, restraining order or such other order which it may deem proper. The proceedings shall be made a preferred cause and shall be expedited in every way. “(g) If the Attorney General determines that a registration statement does not comply with the requirements of this Act or the regulations issued thereunder, he shall so notify the registrant in writing, specifying in what respects the statement is deficient. It shall be unlawful for any person to act as an agent of a foreign principal at any time ten days or more after receipt of such notification without filing an amended registration statement in full compliance with the requirements of this Act and the regulations issued thereunder. “(h) It shall be unlawful for any agent of a foreign principal required to register under this Act to be a party to any contract, agreement, or understanding, either express or implied, with such foreign principal pursuant to which the amount or payment of the compensation, fee, or other remuneration of such agent is contingent in whole or in part upon the success of any political activities carried on by such agent.”Pub. L. 98–620 title IV § 402(26) · 98 Stat. 3335
Struck · 22 U.S.C. § 618(f)
Pub. L. 98–620 struck out provision that the proceedings shall be made a preferred cause and expedited in every way
Source evidence
Code amendment note
Subsec. (f). Pub. L. 98–620 struck out provision that the proceedings shall be made a preferred cause and expedited in every way.Enacted provision · exact public law section
(26) Section 8(f) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 618(f)) is amended by striking out the last sentence.Lobbying Disclosure Act of 1995
Pub. L. 104–65 § 9(8)(A) · 109 Stat. 691
Struck · 22 U.S.C. § 618(a)(2)
Pub. L. 104–65, § 9(8)(A), struck out “or in any statement under section 614(a) of this title concerning the distribution of political propaganda” after “or supplement thereto”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 104–65, § 9(8)(A), struck out “or in any statement under section 614(a) of this title concerning the distribution of political propaganda” after “or supplement thereto”.Enacted provision · exact public law section
(A) in subsection (a)(2) by striking “or in any statement under section 4(a) hereof concerning the distribution of political propaganda”; andLobbying Disclosure Act of 1995
Pub. L. 104–65 § 9(8)(B) · 109 Stat. 691
Struck · 22 U.S.C. § 618(d)
Pub. L. 104–65, § 9(8)(B), struck out subsec. (d) which read as follows: “The United States Postal Service 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 United States Postal Service 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.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–65, § 9(8)(B), struck out subsec. (d) which read as follows: “The United States Postal Service 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 United States Postal Service 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.”Enacted provision · exact public law section
(B) by striking subsection (d).Department of Education Appropriations Act, 1997
Pub. L. 104–208 div. C title III § 308(e)(19) · 110 Stat. 3009
Substituted · 22 U.S.C. § 618(c)
Pub. L. 104–208 substituted “removal pursuant to chapter 4 of title II of the Immigration and Nationality Act” for “deportation in the manner provided by sections 1251 to 1253 of title 8”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–208 substituted “removal pursuant to chapter 4 of title II of the Immigration and Nationality Act” for “deportation in the manner provided by sections 1251 to 1253 of title 8”.Enacted provision · exact public law section
Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.Effective date note
Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.
6 of 9 references resolved to an enrolled provision · 1 partial · 2 unresolved
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in subsec. (c), is act June 27, 1952, ch. 477, 66 Stat. 163. Chapter 4 of title II of the Act is classified generally to part IV (§ 1221 et seq.) of subchapter II of chapter 12 of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
Prior Provisions
Provisions on this subject were contained in section 615 of this title prior to general amendment of act , by act .
Amendments1950–1996 · 7 rounds
1996
Subsec. (c). Pub. L. 104–208 substituted “removal pursuant to chapter 4 of title II of the Immigration and Nationality Act” for “deportation in the manner provided by sections 1251 to 1253 of title 8”.
1995
Subsec. (a)(2). Pub. L. 104–65, § 9(8)(A), struck out “or in any statement under section 614(a) of this title concerning the distribution of political propaganda” after “or supplement thereto”.
Subsec. (d). Pub. L. 104–65, § 9(8)(B), struck out subsec. (d) which read as follows: “The United States Postal Service 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 United States Postal Service 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.”
1984
Subsec. (f). Pub. L. 98–620 struck out provision that the proceedings shall be made a preferred cause and expedited in every way.
1966
Subsec. (a)(2). Pub. L. 89–486, § 7(1), inserted exception provision.
Subsecs. (f) to (h). Pub. L. 89–486, § 7(2), added subsecs. (f) to (h).
1956
Act , amended credit to section by redesignating section 20(b) of act , as section 20.
1952
Subsec. (c). Act , substituted “sections 1251 to 1253 of title 8” for “sections 155 and 156 of title 8”.
1950
Subsec. (e). Act , added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.
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 1984 Amendment
Amendment by Pub. L. 98–620 not applicable to cases pending on , see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.
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
Section 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 an Effective Date of 1942 Amendment note under section 611 of this title.
Credits
1938–1996 · 8 acts
- 1938June 8, 1938, ch. 327, § 8, as added Apr. 29, 1942, ch. 263, § 1, 56 Stat. 257
- 1950amended Sept. 23, 1950, ch. 1024, title I, § 20(b), 64 Stat. 1005
- 1952June 27, 1952, ch. 477, title IV, § 402(d), 66 Stat. 276
- 1956Aug. 1, 1956, ch. 849, § 1, 70 Stat. 899
- 1966Pub. L. 89–486, § 7, , 80 Stat. 248
- 1984Pub. L. 98–620, title IV, § 402(26), , 98 Stat. 3359
- 1995Pub. L. 104–65, § 9(8), , 109 Stat. 700
- 1996Pub. L. 104–208, div. C, title III, § 308(e)(19), , 110 Stat. 3009–621.
Show as published
(June 8, 1938, ch. 327, § 8, as added Apr. 29, 1942, ch. 263, § 1, 56 Stat. 257; amended Sept. 23, 1950, ch. 1024, title I, § 20(b), 64 Stat. 1005; June 27, 1952, ch. 477, title IV, § 402(d), 66 Stat. 276; Aug. 1, 1956, ch. 849, § 1, 70 Stat. 899; Pub. L. 89–486, § 7, , 80 Stat. 248; Pub. L. 98–620, title IV, § 402(26), , 98 Stat. 3359; Pub. L. 104–65, § 9(8), , 109 Stat. 700; Pub. L. 104–208, div. C, title III, § 308(e)(19), , 110 Stat. 3009–621.)