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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3542 Introduced 2/9/2024, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED: | | | Creates the Foreign Agents Registration Act. Provides that no person shall act as an agent of a foreign principal from a country of concern unless he or she has filed with the Attorney General a true and complete registration statement and supplements thereto or unless he or she is exempt from registration under the provisions of the Act. Provides that, except as otherwise provided in the Act, every person who becomes an agent of a foreign principal from a country of concern shall, within 10 days thereafter, file with the Attorney General, in duplicate, a registration statement, under oath on a form prescribed by the Attorney General. Provides that the obligation of an agent of a foreign principal from a country of concern to file a registration statement shall, after the 10th day of his or her becoming such agent, continue from day to day, and termination of such status shall not relieve such agent from his or her obligation to file a registration statement for the period during which he or she was an agent of a foreign principal from a country of concern. Provides that any person who acted as an agent of a foreign principal from a country of concern at any time after January 1, 2014 and until the effective date of the Act shall file with the Attorney General a true and complete retroactive registration statement and supplements thereto. Provides that the registration provisions do not apply to certain agents and foreign principals. Provides penalties for violation. Provides that the Attorney General may at any time make, prescribe, amend, and rescind such rules and forms as the Attorney General may deem necessary to carry out the provisions of the Act. Defines "country of concern" as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agent of or any other entity under significant control of such foreign country of concern, or any other entity deemed by the Governor in consultation with the Director of the Illinois Emergency Management Agency and Office of Homeland Security. |
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| | A BILL FOR |
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1 | | AN ACT concerning foreign agents. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 1. Short title. This Act may be cited as the |
5 | | Foreign Agents Registration Act. |
6 | | Section 5. Purpose. The purpose of this Act is to provide |
7 | | public transparency for the political and propaganda |
8 | | activities conducted by agents representing principals from |
9 | | foreign countries of concern. |
10 | | Section 10. Definitions. In this Act: |
11 | | "Person" means an individual, partnership, association, |
12 | | corporation, organization, or any other combination of |
13 | | individuals. |
14 | | "Foreign principal" means: |
15 | | (1) a government of a foreign country and a foreign |
16 | | political party; |
17 | | (2) a person outside of the United States, unless it |
18 | | is established that such person is an individual and a |
19 | | citizen of and domiciled within the United States, or that |
20 | | such person is not an individual and is organized under or |
21 | | created by the laws of the United States or of any State or |
22 | | other place subject to the jurisdiction of the United |
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1 | | States and has its principal place of business within the |
2 | | United States; |
3 | | (3) a partnership, association, corporation, |
4 | | organization, or other combination of persons organized |
5 | | under the laws of or having its principal place of |
6 | | business in a foreign country; or |
7 | | (4) a partnership, association, corporation, |
8 | | organization, or other combination of persons that is at |
9 | | least 20% beneficially owned by a partnership, |
10 | | association, corporation, organization, or other |
11 | | combination of persons organized under the laws of or |
12 | | having its principal place of business in a foreign |
13 | | country. |
14 | | "Agent of a foreign principal" means: |
15 | | (1) any person who acts as an agent, representative, |
16 | | employee, or servant, or any person who acts in any other |
17 | | capacity at the order, request, or under the direction or |
18 | | control of a foreign principal or of a person any of whose |
19 | | activities are directly or indirectly supervised, |
20 | | directed, controlled, financed, or subsidized in whole or |
21 | | in part by a foreign principal, and who directly or |
22 | | through any other person: |
23 | | (i) engages within this State in political |
24 | | activities for or in the interests of such foreign |
25 | | principal; |
26 | | (ii) acts within this State as a public-relations |
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1 | | counsel, publicity agent, information-service employee |
2 | | or political consultant for or in the interests of |
3 | | such foreign principal; |
4 | | (iii) within this State solicits, collects, |
5 | | disburses, or dispenses contributions, loans, money, |
6 | | or other things of value for or in the interest of such |
7 | | foreign principal; or |
8 | | (iv) within this State represents the interests of |
9 | | such foreign principal before any agency or official |
10 | | of the government or of a unit of local government; and |
11 | | (2) any person who agrees, consents, assumes or |
12 | | purports to act as, or who is or holds himself or herself |
13 | | out to be, whether or not pursuant to contractual |
14 | | relationship, an agent of a foreign principal as defined |
15 | | in clause (1) of this definition. |
16 | | "Agent of a foreign principal" does not include any news |
17 | | or press service or association organized under the laws of |
18 | | the United States or of any State or other place subject to the |
19 | | jurisdiction of the United States, or any newspaper, magazine, |
20 | | periodical, or other publication for which there is on file |
21 | | with the United States Postal Service information in |
22 | | compliance with 39 U.S.C. 3611, published in the United |
23 | | States, solely by virtue of any bona fide news or journalistic |
24 | | activities, including the solicitation or acceptance of |
25 | | advertisements, subscriptions, or other compensation therefor, |
26 | | so long as it is at least 80% beneficially owned by, and its |
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1 | | officers and directors, if any, are citizens of the United |
2 | | States, and such news or press service or association, |
3 | | newspaper, magazine, periodical, or other publication, is not |
4 | | owned, directed, supervised, controlled, subsidized, or |
5 | | financed, and none of its policies are determined by any |
6 | | foreign principal defined in this Section, or by any agent of a |
7 | | foreign principal required to register under this Act. |
8 | | "Government of a foreign country" means any person or |
9 | | group of persons exercising sovereign de facto or de jure |
10 | | political jurisdiction over any country, other than the United |
11 | | States, or over any part of such country, and includes any |
12 | | subdivision of any such group and any group or agency to which |
13 | | such sovereign de facto or de jure authority or functions are |
14 | | directly or indirectly delegated. The term shall include any |
15 | | faction or body of insurgents within a country assuming to |
16 | | exercise governmental authority whether such faction or body |
17 | | of insurgents has or has not been recognized by the United |
18 | | States. |
19 | | "Foreign political party" means any organization or any |
20 | | other combination of individuals in a country other than the |
21 | | United States, or any unit or branch thereof, having for an aim |
22 | | or purpose, or which is engaged in any activity devoted in |
23 | | whole or in part to, the establishment, administration, |
24 | | control, or acquisition of administration or control, of a |
25 | | government of a foreign country or a subdivision thereof, or |
26 | | the furtherance or influencing of the political or public |
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1 | | interests, policies, or relations of a government of a foreign |
2 | | country or a subdivision thereof. |
3 | | "Public-relations counsel" means any person who engages |
4 | | directly or indirectly in informing, advising, or in any way |
5 | | representing a principal in any public relations matter |
6 | | pertaining to political or public interests, policies, or |
7 | | relations of such principal. |
8 | | "Publicity agent" means any person who engages directly or |
9 | | indirectly in the publication or dissemination of oral, |
10 | | visual, graphic, written, or pictorial information or matter |
11 | | of any kind, including publication by means of advertising, |
12 | | books, periodicals, newspapers, lectures, broadcasts, motion |
13 | | pictures, or otherwise. |
14 | | "Information-service employee" means any person who is |
15 | | engaged in furnishing, disseminating, or publishing accounts, |
16 | | descriptions, information, or data with respect to the |
17 | | political, industrial, employment, economic, social, cultural, |
18 | | or other benefits, advantages, facts, or conditions of any |
19 | | country other than the United States or of any government of a |
20 | | foreign country or of a foreign political party or of a |
21 | | partnership, association, corporation, organization, or other |
22 | | combination of individuals organized under the laws of, or |
23 | | having its principal place of business in, a foreign country. |
24 | | "Registration statement" means the registration statement |
25 | | required to be filed with the Attorney General under Section |
26 | | 15 or 20, and any supplements thereto required to be filed |
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1 | | under Section 15 or 20, and includes all documents and papers |
2 | | required to be filed therewith or amendatory thereof or |
3 | | supplemental thereto, whether attached thereto or incorporated |
4 | | therein by reference. |
5 | | "United States", when used in a geographical sense, means |
6 | | the several States, the District of Columbia, the Territories, |
7 | | the insular possessions, and all other places now or hereafter |
8 | | subject to the civil or military jurisdiction of the United |
9 | | States. |
10 | | "Prints" means newspapers and periodicals, books, |
11 | | pamphlets, sheet music, visiting cards, address cards, |
12 | | printing proofs, engravings, photographs, pictures, drawings, |
13 | | plans, maps, patterns to be cut out, catalogs, prospectuses, |
14 | | advertisements, and printed, engraved, lithographed, or |
15 | | autographed notices of various kinds, and, in general, all |
16 | | impressions or reproductions obtained on paper or other |
17 | | material assimilable to paper, on parchment or on cardboard, |
18 | | by means of printing, engraving, lithography, autography, or |
19 | | any other easily recognizable mechanical process, with the |
20 | | exception of the copying press, stamps with movable or |
21 | | immovable type, and the typewriter. |
22 | | "Political activities" means any activity that the person |
23 | | engaging in believes will, or that the person intends to, in |
24 | | any way influence any agency or official of the State or a unit |
25 | | of local government, or any section of the public within this |
26 | | State with reference to formulating, adopting, or changing the |
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1 | | domestic or foreign policies of the United States or with |
2 | | reference to the political or public interests, policies, or |
3 | | relations of a government of a foreign country or a foreign |
4 | | political party. |
5 | | "Political consultant" means any person who engages in |
6 | | informing or advising any other person with reference to the |
7 | | policies or the political or public interest, policies, or |
8 | | relations of a foreign country or of a foreign political |
9 | | party. |
10 | | "Country of concern" means the People's Republic of China, |
11 | | the Russian Federation, the Islamic Republic of Iran, the |
12 | | Democratic People's Republic of Korea, the Republic of Cuba, |
13 | | the Venezuelan regime of Nicolas Maduro, or the Syrian Arab |
14 | | Republic, including any agent of or any other entity under |
15 | | significant control of such foreign country of concern, or any |
16 | | other entity deemed by the Governor in consultation with the |
17 | | Director of the Illinois Emergency Management Agency and |
18 | | Office of Homeland Security. |
19 | | Section 15. Requirements to register as a foreign agent. |
20 | | (a) No person shall act as an agent of a foreign principal |
21 | | from a country of concern unless he or she has filed with the |
22 | | Attorney General a true and complete registration statement |
23 | | and supplements thereto as required by subsections (a) and (b) |
24 | | or unless he or she is exempt from registration under the |
25 | | provisions of this Act. Except as otherwise provided in the |
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1 | | Act, every person who becomes an agent of a foreign principal |
2 | | from a country of concern shall, within 10 days thereafter, |
3 | | file with the Attorney General, in duplicate, a registration |
4 | | statement, under oath on a form prescribed by the Attorney |
5 | | General. The obligation of an agent of a foreign principal |
6 | | from a country of concern to file a registration statement |
7 | | shall, after the 10th day of his or her becoming such agent, |
8 | | continue from day to day, and termination of such status shall |
9 | | not relieve such agent from his or her obligation to file a |
10 | | registration statement for the period during which he or she |
11 | | was an agent of a foreign principal from a country of concern. |
12 | | The registration statement shall include the following, which |
13 | | shall be regarded as material for the purposes of this |
14 | | subsection: |
15 | | (1) registrant's name, principal business address, and |
16 | | all other business addresses in the United States or |
17 | | elsewhere, and all residence addresses, if any; |
18 | | (2) status of the registrant; if an individual, |
19 | | nationality; if a partnership, name, residence addresses, |
20 | | and nationality of each partner and a true and complete |
21 | | copy of its articles of copartnership; if an association, |
22 | | corporation, organization, or any other combination of |
23 | | individuals, the name, residence addresses, and |
24 | | nationality of each director and officer and of each |
25 | | person performing the functions of a director or officer |
26 | | and a true and complete copy of its charter, articles of |
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1 | | incorporation, association, constitution, and bylaws, and |
2 | | amendments thereto; a copy of every other instrument or |
3 | | document and a statement of the terms and conditions of |
4 | | every oral agreement relating to its organization, powers, |
5 | | and purposes; and a statement of its ownership and |
6 | | control; |
7 | | (3) a comprehensive statement of the nature of |
8 | | registrant's business; a complete list of registrant's |
9 | | employees and a statement of the nature of the work of |
10 | | each; the name and address of every foreign principal from |
11 | | a country of concern for whom the registrant is acting, |
12 | | assuming or purporting to act or has agreed to act; the |
13 | | character of the business or other activities of every |
14 | | such foreign principal from a country of concern, and, if |
15 | | any such foreign principal from a country of concern be |
16 | | other than a natural person, a statement of the ownership |
17 | | and control of each; and the extent, if any, to which each |
18 | | such foreign principal from a country of concern is |
19 | | supervised, directed, owned, controlled, financed, or |
20 | | subsidized, in whole or in part, by any government of a |
21 | | foreign country or foreign political party, or by any |
22 | | other foreign principal from a country of concern; |
23 | | (4) copies of each written agreement and the terms and |
24 | | conditions of each oral agreement, including all |
25 | | modifications of such agreements, or, where no contract |
26 | | exists, a full statement of all the circumstances, by |
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1 | | reason of which the registrant is an agent of a foreign |
2 | | principal from a country of concern; a comprehensive |
3 | | statement of the nature and method of performance of each |
4 | | such contract, and of the existing and proposed activity |
5 | | or activities engaged in or to be engaged in by the |
6 | | registrant as agent of a foreign principal from a country |
7 | | of concern for each such foreign principal from a country |
8 | | of concern, including a detailed statement of any such |
9 | | activity which is a political activity; |
10 | | (5) the nature and amount of contributions, income, |
11 | | money, or thing of value, if any, that the registrant has |
12 | | received within the preceding 180 days from each such |
13 | | foreign principal from a country of concern, either as |
14 | | compensation or for disbursement or otherwise, and the |
15 | | form and time of each such payment and from whom received; |
16 | | (6) a detailed statement of every activity which the |
17 | | registrant is performing or is assuming or purporting or |
18 | | has agreed to perform for himself, herself, or any other |
19 | | person other than a foreign principal from a country of |
20 | | concern and which requires his registration hereunder, |
21 | | including a detailed statement of any such activity which |
22 | | is a political activity; |
23 | | (7) the name, business, and residence addresses, and |
24 | | if an individual, the nationality, of any person other |
25 | | than a foreign principal from a country of concern for |
26 | | whom the registrant is acting, assuming or purporting to |
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1 | | act or has agreed to act under such circumstances as |
2 | | require his or her registration hereunder; the extent to |
3 | | which each such person is supervised, directed, owned, |
4 | | controlled, financed, or subsidized, in whole or in part, |
5 | | by any government of a foreign country or foreign |
6 | | political party or by any other foreign principal from a |
7 | | country of concern; and the nature and amount of |
8 | | contributions, income, money, or thing of value, if any, |
9 | | that the registrant has received during the preceding 180 |
10 | | days from each such person in connection with any of the |
11 | | activities referred to in clause (6) of this subsection, |
12 | | either as compensation or for disbursement or otherwise, |
13 | | and the form and time of each such payment and from whom |
14 | | received; |
15 | | (8) a detailed statement of the money and other things |
16 | | of value spent or disposed of by the registrant during the |
17 | | preceding 180 days in furtherance of or in connection with |
18 | | activities which require his or her registration hereunder |
19 | | and which have been undertaken by him either as an agent of |
20 | | a foreign principal from a country of concern or for |
21 | | himself or any other person or in connection with any |
22 | | activities relating to his becoming an agent of such |
23 | | principal from a country of concern, and a detailed |
24 | | statement of any contributions of money or other things of |
25 | | value made by him during the preceding 180 days (other |
26 | | than contributions the making of which is prohibited under |
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1 | | the terms of 18 U.S.C. 613 in connection with an election |
2 | | to any political office or in connection with any primary |
3 | | election, convention, or caucus held to select candidates |
4 | | for any political office); |
5 | | (9) copies of each written agreement and the terms and |
6 | | conditions of each oral agreement, including all |
7 | | modifications of such agreements, or, where no contract |
8 | | exists, a full statement of all the circumstances, by |
9 | | reason of which the registrant is performing or assuming |
10 | | or purporting or has agreed to perform for himself or for a |
11 | | foreign principal from a country of concern or for any |
12 | | person other than a foreign principal from a country of |
13 | | concern any activities which require his or her |
14 | | registration hereunder; |
15 | | (10) such other statements, information, or documents |
16 | | pertinent to the purposes of this subsection as the |
17 | | Attorney General, having due regard for the national |
18 | | security and the public interest, may from time to time |
19 | | require; and |
20 | | (11) such further statements and such further copies |
21 | | of documents as are necessary to make the statements made |
22 | | in the registration statement and supplements thereto, and |
23 | | the copies of documents furnished therewith, not |
24 | | misleading. |
25 | | (b) Every agent of a foreign principal from a country of |
26 | | concern who has filed a registration statement required by |
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1 | | subsection (a) shall, within 30 days after the expiration of |
2 | | each period of 6 months succeeding such filing, file with the |
3 | | Attorney General a supplement thereto under oath, on a form |
4 | | prescribed by the Attorney General, which shall set forth with |
5 | | respect to such preceding 6 months' period such facts as the |
6 | | Attorney General, having due regard for the national security |
7 | | and the public interest, may deem necessary to make the |
8 | | information required under this Section accurate, complete, |
9 | | and current with respect to such period. In connection with |
10 | | the information furnished under clauses (3), (4), (6), and (9) |
11 | | of subsection (a), the registrant shall give notice to the |
12 | | Attorney General of any changes therein within 10 days after |
13 | | such changes occur. If the Attorney General, having due regard |
14 | | for the national security and the public interest, determines |
15 | | that it is necessary to carry out the purposes of this Act, the |
16 | | Attorney General may, in any particular case, require |
17 | | supplements to the registration statement to be filed at more |
18 | | frequent intervals in respect to all or particular items of |
19 | | information to be furnished. |
20 | | (c) The registration statement and supplements thereto |
21 | | shall be executed under oath as follows: If the registrant is |
22 | | an individual, by him or her; if the registrant is a |
23 | | partnership, by the majority of the members thereof; if the |
24 | | registrant is a person other than an individual or a |
25 | | partnership, by a majority of the officers thereof or persons |
26 | | performing the functions of officers or by a majority of the |
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1 | | board of directors thereof or persons performing the functions |
2 | | of directors, if any. |
3 | | (d) The fact that a registration statement or supplement |
4 | | thereto has been filed shall not necessarily be deemed a full |
5 | | compliance with this Act and the rules thereunder on the part |
6 | | of the registrant; nor shall it indicate that the Attorney |
7 | | General has in any way passed upon the merits of such |
8 | | registration statement or supplement thereto; nor shall it |
9 | | preclude prosecution, as provided for in this Act, for willful |
10 | | failure to file a registration statement or supplement thereto |
11 | | when due or for a willful false statement of a material fact |
12 | | therein or the willful omission of a material fact required to |
13 | | be stated therein or the willful omission of a material fact or |
14 | | copy of a material document necessary to make the statements |
15 | | made in a registration statement and supplements thereto, and |
16 | | the copies of documents furnished therewith, not misleading. |
17 | | (e) If any agent of a foreign principal from a country of |
18 | | concern, required to register under the provisions of this |
19 | | Act, has previously thereto registered with the Attorney |
20 | | General under this Act, the Attorney General, in order to |
21 | | eliminate inappropriate duplication, may permit the |
22 | | incorporation by reference in the registration statement or |
23 | | supplements thereto filed hereunder of any information or |
24 | | documents previously filed by such agent of a foreign |
25 | | principal from a country of concern under the provisions of |
26 | | said section. |
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1 | | Section 20. Retroactive transparency. Any person who acted |
2 | | as an agent of a foreign principal from a country of concern at |
3 | | any time after January 1, 2014 and until the effective date of |
4 | | this Act shall file with the Attorney General a true and |
5 | | complete retroactive registration statement and supplements |
6 | | thereto as required under Section 15. |
7 | | Section 25. Exemptions. The requirements of Sections 15 |
8 | | and Section 20 of this Act do not apply to the following agents |
9 | | of foreign principals: |
10 | | (1) a duly accredited diplomatic or consular officer |
11 | | of a foreign government who is so recognized by the United |
12 | | States Department of State, while said officer is engaged |
13 | | exclusively in activities which are recognized by the |
14 | | United States Department of State as being within the |
15 | | scope of the functions of such officer; |
16 | | (2) any official of a foreign government, if such |
17 | | government is recognized by the United States, who is not |
18 | | a public-relations counsel, publicity agent, |
19 | | information-service employee, or a citizen of the United |
20 | | States, whose name and status and the character of whose |
21 | | duties as such official are of public record in the United |
22 | | States Department of State, while the official is engaged |
23 | | exclusively in activities which are recognized by the |
24 | | Department of State as being within the scope of the |
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1 | | functions of such official; |
2 | | (3) any member of the staff of, or any person employed |
3 | | by, a duly accredited diplomatic or consular officer of a |
4 | | foreign government who is so recognized by the United |
5 | | States Department of State, other than a public-relations |
6 | | counsel, publicity agent, or information-service employee, |
7 | | whose name and status and the character of whose duties as |
8 | | such member or employee are of public record in the United |
9 | | States Department of State, while said member or employee |
10 | | is engaged exclusively in the performance of activities |
11 | | which are recognized by the United States Department of |
12 | | State as being within the scope of the functions of such |
13 | | member or employee; and |
14 | | (4) any person qualified to practice law in this |
15 | | State, insofar as the person engages or agrees to engage |
16 | | in the legal representation of a disclosed foreign |
17 | | principal from a country of concern before any State court |
18 | | of law or any agency of the government of the State or a |
19 | | unit of local government; provided, that for the purposes |
20 | | of this Act legal representation does not include attempts |
21 | | to influence or persuade agency personnel or officials |
22 | | other than in the course of judicial proceedings, criminal |
23 | | or civil law enforcement inquiries, investigations, or |
24 | | proceedings, or agency proceedings required by statute or |
25 | | rule to be conducted on the record. |
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1 | | Section 30. Filing and labeling of informational |
2 | | materials. |
3 | | (a) Every person within this State who is an agent of a |
4 | | foreign principal from a country of concern and who is |
5 | | required to register under the provisions of this Act and who |
6 | | transmits or causes to be transmitted in the United States |
7 | | mails or by any means or instrumentality of interstate or |
8 | | foreign commerce any informational materials for or in the |
9 | | interests of such foreign principal from a country of concern |
10 | | (i) in the form of prints, or (ii) in any other form which is |
11 | | reasonably adapted to being, or which the person believes will |
12 | | be, or which the person intends to be, disseminated or |
13 | | circulated among 2 or more persons shall, not later than 48 |
14 | | hours after the beginning of the transmittal thereof, file |
15 | | with the Attorney General 2 copies thereof. |
16 | | (b) It is unlawful for any person within the United States |
17 | | who is an agent of a foreign principal from a country of |
18 | | concern and required to register under the provisions of this |
19 | | Act to transmit or cause to be transmitted in the United States |
20 | | mails or by any means or instrumentality of interstate or |
21 | | foreign commerce any informational materials for or in the |
22 | | interests of such foreign principal from a country of concern |
23 | | without placing in such informational materials a conspicuous |
24 | | statement that the materials are distributed by the agent on |
25 | | behalf of the foreign principal from a country of concern, and |
26 | | that additional information is on file with the Attorney |
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1 | | General. The Attorney General may by rule define what |
2 | | constitutes a conspicuous statement for the purposes of this |
3 | | Section. |
4 | | (c) The copies of informational materials required by this |
5 | | Section to be filed with the Attorney General shall be |
6 | | available for public inspection under such rules as Attorney |
7 | | General may prescribe. |
8 | | (d) It is unlawful for any person within this State who is |
9 | | an agent of a foreign principal from a country of concern |
10 | | required to register under the provisions of this Act to |
11 | | transmit, convey, or otherwise furnish to any agency or |
12 | | official of the government of this State (including a member |
13 | | or committee of either House of the General Assembly or a |
14 | | member or committee of a unit of local government) for or in |
15 | | the interests of such foreign principal from a country of |
16 | | concern any political propaganda or to request from any such |
17 | | agency or official for or in the interests of such foreign |
18 | | principal from a country of concern any information or advice |
19 | | with respect to any matter pertaining to the political or |
20 | | public interests, policies or relations of a foreign country |
21 | | of concern or of a political party from a country of concern or |
22 | | pertaining to the foreign or domestic policies of the United |
23 | | States or this State unless the propaganda or the request is |
24 | | prefaced or accompanied by a true and accurate statement to |
25 | | the effect that such person is registered as an agent of such |
26 | | foreign principal from a country of concern under this Act. |
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1 | | (e) Whenever any agent of a foreign principal from a |
2 | | country of concern required to register under this Section |
3 | | appears before any committee of the General Assembly or a unit |
4 | | of local government to testify for or in the interests of such |
5 | | foreign principal from a country of concern, the agent shall, |
6 | | at the time of such appearance, furnish the committee with a |
7 | | copy of his most recent registration statement filed with the |
8 | | Attorney General as an agent of such foreign principal from a |
9 | | country of concern for inclusion in the records of the |
10 | | committee as part of the agent's testimony. |
11 | | Section 35. Maintenance of books and records. Every agent |
12 | | of a foreign principal from a country of concern registered |
13 | | under this Act shall keep and preserve while the person is an |
14 | | agent of a foreign principal from a country of concern such |
15 | | books of account and other records with respect to all his |
16 | | activities, the disclosure of which is required under the |
17 | | provisions of this Act, in accordance with such business and |
18 | | accounting practices, as the Attorney General, having due |
19 | | regard for the national security and the public interest, may |
20 | | by rule prescribe as necessary or appropriate for the |
21 | | enforcement of the provisions of this Act and shall preserve |
22 | | the same for a period of 3 years following the termination of |
23 | | such status. Until rules are in effect under this Section |
24 | | every agent of a foreign principal from a country of concern |
25 | | shall keep books of account and shall preserve all written |
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1 | | records with respect to his activities. Such books and records |
2 | | shall be open at all reasonable times to the inspection of any |
3 | | official charged with the enforcement of this Act. It shall be |
4 | | unlawful for any person knowingly to conceal, destroy, |
5 | | obliterate, mutilate, or falsify, or to attempt to conceal, |
6 | | destroy, obliterate, mutilate, or falsify, or to cause to be |
7 | | concealed, destroyed, obliterated, mutilated, or falsified, |
8 | | any books or records required to be kept under the provisions |
9 | | of this Act. |
10 | | Section 40. Public transparency and examination of |
11 | | official records. |
12 | | (a) The Attorney General shall retain in permanent form |
13 | | one copy of all registration statements furnished under this |
14 | | Act, and the same shall be public records and open to public |
15 | | examination and inspection at such reasonable hours, under |
16 | | such rules, as the Attorney General may prescribe, and copies |
17 | | of the same shall be furnished to every applicant at such |
18 | | reasonable fee as the Attorney General may prescribe. |
19 | | (b) The Attorney General shall, promptly upon receipt, |
20 | | transmit one copy of every registration statement filed |
21 | | hereunder and one copy of every amendment or supplement |
22 | | thereto filed hereunder, to the United States Secretary of |
23 | | State for such comment and use as the United States Secretary |
24 | | of State may determine to be appropriate from the point of view |
25 | | of the foreign relations of the United States. Failure of the |
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1 | | Attorney General so to transmit such copy shall not be a bar to |
2 | | prosecution under this Act. |
3 | | (c) The Attorney General is authorized to furnish to |
4 | | departments and agencies in the executive branch and |
5 | | committees of the General Assembly such information obtained |
6 | | by the Attorney General in the administration of this Act, |
7 | | including the names of registrants under this Act, copies of |
8 | | registration statements, or parts thereof, or other documents |
9 | | or information filed under this Act, as may be appropriate in |
10 | | the light of the purposes of this Act. |
11 | | (d) The Attorney General shall every 6 months report to |
12 | | the General Assembly concerning administration of this Act, |
13 | | including registrations filed pursuant to this Act, and the |
14 | | nature, sources and content of political propaganda |
15 | | disseminated and distributed. |
16 | | (e) The Attorney General shall every month report on a web |
17 | | portal administered by the Attorney General concerning |
18 | | administration of this Act, including registrations filed |
19 | | pursuant to this Act, and the nature, sources and content of |
20 | | political propaganda disseminated and distributed. |
21 | | Section 45. Liability of officers. Each officer, or person |
22 | | performing the functions of an officer, and each director, or |
23 | | person performing the functions of a director, of an agent of a |
24 | | foreign principal from a country of concern which is not an |
25 | | individual shall be under obligation to cause such agent to |
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1 | | execute and file a registration statement and supplements |
2 | | thereto as and when such filing is required under subsections |
3 | | (a) and (b) of Section 15 or of Section 20 and shall also be |
4 | | under obligation to cause such agent to comply with all the |
5 | | requirements of Sections 30 and 35 and all other requirements |
6 | | of this Act. Dissolution of any organization acting as an |
7 | | agent of a foreign principal from a country of concern shall |
8 | | not relieve any officer, or person performing the functions of |
9 | | an officer, or any director, or person performing the |
10 | | functions of a director, from complying with the provisions of |
11 | | this Section. In case of failure of any such agent of a foreign |
12 | | principal from a country of concern to comply with any of the |
13 | | requirements of this Act, each of its officers, or persons |
14 | | performing the functions of officers, and each of its |
15 | | directors, or persons performing the functions of directors, |
16 | | shall be subject to prosecution therefore. |
17 | | Section 50. Enforcement and penalties. |
18 | | (a) A person is guilty of a Class 3 felony and shall, in |
19 | | addition to a term of imprisonment, upon conviction thereof, |
20 | | may be fined not more than $100,000 if the person: |
21 | | (1) knowingly violates any provision of this Act or |
22 | | any rule thereunder; or |
23 | | (2) in any registration statement or supplement |
24 | | thereto or in any other document filed with or furnished |
25 | | to the Attorney General under the provisions of this Act |
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1 | | knowingly makes a false statement of a material fact or |
2 | | knowingly omits any material fact required to be stated |
3 | | therein or knowingly omits a material fact or a copy of a |
4 | | material document necessary to make the statements therein |
5 | | and the copies of documents furnished therewith not |
6 | | misleading. |
7 | | (a-1) A person who violates Section 30 or subsection (g) |
8 | | of this Section is guilty of a Class A misdemeanor for which a |
9 | | fine of not more than $50,000 may be imposed. |
10 | | (b) Any person who is a student, faculty member, |
11 | | researcher, adjunct, or otherwise employed or associated with |
12 | | a university in this State who: |
13 | | (1) knowingly violates any provision of this Act or |
14 | | any rule thereunder; or |
15 | | (2) in any registration statement or supplement |
16 | | thereto or in any other document filed with or furnished |
17 | | to the Attorney General under the provisions of this |
18 | | subsection knowingly makes a false statement of a material |
19 | | fact or knowingly omits any material fact required to be |
20 | | stated therein or knowingly omits a material fact or a |
21 | | copy of a material document necessary to make the |
22 | | statements therein and the copies of documents furnished |
23 | | therewith not misleading, |
24 | | shall, upon conviction thereof, be expelled or dismissed from |
25 | | any role with an institution of higher education in this State |
26 | | and shall be prohibited from entering any campus in this |
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1 | | State. |
2 | | Each institution of higher education in this State shall |
3 | | adopt a policy for expulsion or dismissal of individuals found |
4 | | in violation of this Act. |
5 | | (c) In any proceeding under this Act in which it is charged |
6 | | that a person is an agent of a foreign principal from a country |
7 | | of concern with respect to a foreign principal outside of the |
8 | | United States, proof of the specific identity of the foreign |
9 | | principal from a country of concern shall be permissible but |
10 | | not necessary. |
11 | | (d) Any alien who shall be convicted of a violation of, or |
12 | | a conspiracy to violate, any provision of this Act or any rule |
13 | | thereunder shall be subject to referral to the United States |
14 | | Department of Justice for removal pursuant to Chapter 4 of |
15 | | Title II of the Immigration and Nationality Act. |
16 | | (e) Failure to file any such registration statement or |
17 | | supplements thereto as is required by either subsection (a) or |
18 | | (b) of Section 15 shall be considered a continuing offense for |
19 | | as long as such failure exists, notwithstanding any statute of |
20 | | limitation or other statute to the contrary. |
21 | | (f) Whenever in the judgment of the Attorney General any |
22 | | person is engaged in or about to engage in any acts which |
23 | | constitute or will constitute a violation of any provision of |
24 | | this Act, or rules issued thereunder, or whenever any agent of |
25 | | a foreign principal from a country of concern fails to comply |
26 | | with any of the provisions of this Act or the rules issued |
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1 | | thereunder, or otherwise is in violation of the Act, the |
2 | | Attorney General may make application to the appropriate state |
3 | | court for an order enjoining such acts or enjoining such |
4 | | person from continuing to act as an agent of such foreign |
5 | | principal from a country of concern, or for an order requiring |
6 | | compliance with any appropriate provision of the Act or rule |
7 | | thereunder. The circuit court shall have jurisdiction and |
8 | | authority to issue a temporary or permanent injunction, |
9 | | restraining order, or such other order which it may deem |
10 | | proper. |
11 | | (g) If the Attorney General determines that a registration |
12 | | statement does not comply with the requirements of this Act or |
13 | | the rules issued thereunder, the Attorney General shall so |
14 | | notify the registrant in writing, specifying in what respects |
15 | | the statement is deficient. It shall be unlawful for any |
16 | | person to act as an agent of a foreign principal from a country |
17 | | of concern at any time 10 days or more after receipt of such |
18 | | notification without filing an amended registration statement |
19 | | in full compliance with the requirements of this Act and the |
20 | | rules issued thereunder. |
21 | | (h) It is unlawful for any agent of a foreign principal |
22 | | from a country of concern required to register under this Act |
23 | | to be a party to any contract, agreement, or understanding, |
24 | | either express or implied, with such foreign principal from a |
25 | | country of concern pursuant to which the amount or payment of |
26 | | the compensation, fee, or other remuneration of such agent is |