PRIA, Government Policy, Made Personal

Summary

Some people who act for foreign principals do not have to follow the earlier registration and reporting rules. The exemptions cover: accredited diplomatic or consular officers and their staff when the Department of State recognizes them and they do only official duties; officials of a foreign government recognized by the United States, if they are not public-relations or publicity workers and their name, status, and duties are on State Department records and they do only official duties; people who only do private, nonpolitical trade work or other activities that do not mainly serve a foreign interest; people who collect funds in the U.S. only for medical aid or for food and clothing to relieve suffering, if those collections follow subchapter II of chapter 9 of this title; people doing bona fide religious, scholastic, academic, scientific, or fine arts work; lawyers who represent a disclosed foreign principal in court or in formal agency proceedings (but not lawyers who try to influence agency staff outside those proceedings); and agents of certain persons or entities who have done lobbying and have registered under the Lobbying Disclosure Act of 1995 [2 U.S.C. 1601 et seq.]. There is a special exemption for someone whose foreign principal is a government whose defense the President deems vital to the defense of the United States. That exemption only applies if the person’s work furthers both governments’ policies or national defense, does not conflict with U.S. policies, any public communications are believed truthful and identify the person as the foreign principal’s agent, and the foreign government gives required information to the Secretary of State for the Attorney General. The Attorney General may end that exemption, with the Secretary of State’s approval, and must end it if the Secretary of State asks.

Title 22, §613

Foreign Relations and Intercourse, Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Lobbying Disclosure Act of 1995, referred to in subsec. (h), is Pub. L. 104–65, Dec. 19, 1995, 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 June 8, 1938, by act Apr. 29, 1942, 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.

Amendments

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 Apr. 29, 1942, amended section generally. 1939—Act Aug. 7, 1939, amended section generally.

Statutory Notes and Related Subsidiaries

Effective Date

of 1995 AmendmentAmendment 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.

Effective Date

of 1966 AmendmentAmendment by Pub. L. 89–486 effective ninety days after July 4, 1966, see section 9 of Pub. L. 89–486, set out as a note under section 611 of this title.

Effective Date

of 1942 AmendmentAmendment by act Apr. 29, 1942, effective on the sixtieth day after Apr. 29, 1942, 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 Apr. 29, 1942, see section 3 of act Apr. 29, 1942, set out as a note under section 611 of this title.

§613 Exemptions

Summary

Title 22, §613

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Prior Provisions

Amendments

Enforcement

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Regulations

Citations & Metadata