22 U.S.C. § 612 : US Code - Section 612: Registration statement

Search 22 U.S.C. § 612 : US Code - Section 612: Registration statement

(a) Filing; contents
No person shall act as an agent of a foreign principal unless he
has filed with the Attorney General a true and complete
registration statement and supplements thereto as required by
subsections (a) and (b) of this section or unless he is exempt from
registration under the provisions of this subchapter. Except as
hereinafter provided, every person who becomes an agent of a
foreign principal 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. The obligation
of an agent of a foreign principal to file a registration statement
shall, after the tenth day of his becoming such agent, continue
from day to day, and termination of such status shall not relieve
such agent from his obligation to file a registration statement for
the period during which he was an agent of a foreign principal. The
registration statement shall include the following, which shall be
regarded as material for the purposes of this subchapter:
(1) Registrant's name, principal business address, and all
other business addresses in the United States or elsewhere, and
all residence addresses, if any;
(2) 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, 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;
(3) 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; the name and address
of every foreign principal for whom the registrant is acting,
assuming or purporting to act or has agreed to act; the character
of the business or other activities of every such foreign
principal, and, if any 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, or by any other foreign principal;
(4) 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 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, including a detailed statement
of any such activity which is a political activity;
(5) 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;
(6) 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,
including a detailed statement of any such activity which is a
political activity;
(7) The name, business, and residence addresses, and if an
individual, the nationality, of any person other than a foreign
principal for whom the registrant is acting, assuming or
purporting to act or has agreed to act under such circumstances
as require his registration hereunder; the extent to which each
such person is supervised, directed, owned, controlled, financed,
or subsidized, in whole or in part, by any government of a
foreign country or foreign political party or by any other
foreign principal; and the nature and amount of contributions,
income, money, or thing of value, if any, that the registrant has
received during the preceding sixty days from each such person in
connection with any of the activities referred to in clause (6)
of this subsection, either as compensation or for disbursement or
otherwise, and the form and time of each such payment and from
whom received;
(8) 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 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 or in conection (!1) with any activities
relating to his becoming an agent of such principal, and a
detailed statement of any contributions of money or other things
of value made by him during the preceding sixty days (other than
contributions the making of which is prohibited under the terms
of section 613 (!2) of title 18) in connection with an election
to any political office or in connection with any primary
election, convention, or caucus held to select candidates for any
political office;
(9) 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 or for any person other than a
foreign principal any activities which require his registration
hereunder;
(10) Such other statements, information, or documents pertinent
to the purposes of this subchapter as the Attorney General,
having due regard for the national security and the public
interest, may from time to time require;
(11) 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) Supplements; filing period
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 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) Execution of statement under oath
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 board of directors thereof or persons performing the functions
of directors, if any.
(d) Filing of statement not deemed full compliance nor as
preclusion from prosecution
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 thereunder on the part of the
registrant; nor shall it indicate that the 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) Incorporation of previous statement by reference
If any agent of a foreign principal, required to register under
the provisions of this subchapter, has previously thereto
registered with the Attorney General under the provisions of
section 2386 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.
(f) Exemption by Attorney General
The Attorney General may, by regulation, provide for the
exemption -
(1) from registration, or from the requirement of furnishing
any of the information required by this section, of any person
who is listed as a partner, officer, director, or employee in the
registration statement filed by an agent of a foreign principal
under this subchapter, and
(2) from the requirement of furnishing any of the information
required by this section of any agent of a foreign principal.
where by reason of the nature of the functions or activities of
such person the Attorney General, having due regard for the
national security and the public interest, determines that such
registration, or the furnishing of such information, as the case
may be, is not necessary to carry out the purposes of this
subchapter.