103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3542

 

Introduced 2/9/2024, by Sen. Jason Plummer

 

SYNOPSIS AS INTRODUCED:
 
New Act

    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.


LRB103 39059 RLC 69196 b

 

 

A BILL FOR

 

SB3542LRB103 39059 RLC 69196 b

1    AN ACT concerning foreign agents.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Foreign Agents Registration Act.
 
6    Section 5. Purpose. The purpose of this Act is to provide
7public transparency for the political and propaganda
8activities conducted by agents representing principals from
9foreign countries of concern.
 
10    Section 10. Definitions. In this Act:
11    "Person" means an individual, partnership, association,
12corporation, organization, or any other combination of
13individuals.
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

 

 

SB3542- 2 -LRB103 39059 RLC 69196 b

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

 

 

SB3542- 3 -LRB103 39059 RLC 69196 b

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
17or press service or association organized under the laws of
18the United States or of any State or other place subject to the
19jurisdiction of the United States, or any newspaper, magazine,
20periodical, or other publication for which there is on file
21with the United States Postal Service information in
22compliance with 39 U.S.C. 3611, published in the United
23States, solely by virtue of any bona fide news or journalistic
24activities, including the solicitation or acceptance of
25advertisements, subscriptions, or other compensation therefor,
26so long as it is at least 80% beneficially owned by, and its

 

 

SB3542- 4 -LRB103 39059 RLC 69196 b

1officers and directors, if any, are citizens of the United
2States, and such news or press service or association,
3newspaper, magazine, periodical, or other publication, is not
4owned, directed, supervised, controlled, subsidized, or
5financed, and none of its policies are determined by any
6foreign principal defined in this Section, or by any agent of a
7foreign principal required to register under this Act.
8    "Government of a foreign country" means any person or
9group of persons exercising sovereign de facto or de jure
10political jurisdiction over any country, other than the United
11States, or over any part of such country, and includes any
12subdivision of any such group and any group or agency to which
13such sovereign de facto or de jure authority or functions are
14directly or indirectly delegated. The term shall include any
15faction or body of insurgents within a country assuming to
16exercise governmental authority whether such faction or body
17of insurgents has or has not been recognized by the United
18States.
19    "Foreign political party" means any organization or any
20other combination of individuals in a country other than the
21United States, or any unit or branch thereof, having for an aim
22or purpose, or which is engaged in any activity devoted in
23whole or in part to, the establishment, administration,
24control, or acquisition of administration or control, of a
25government of a foreign country or a subdivision thereof, or
26the furtherance or influencing of the political or public

 

 

SB3542- 5 -LRB103 39059 RLC 69196 b

1interests, policies, or relations of a government of a foreign
2country or a subdivision thereof.
3    "Public-relations counsel" means any person who engages
4directly or indirectly in informing, advising, or in any way
5representing a principal in any public relations matter
6pertaining to political or public interests, policies, or
7relations of such principal.
8    "Publicity agent" means any person who engages directly or
9indirectly in the publication or dissemination of oral,
10visual, graphic, written, or pictorial information or matter
11of any kind, including publication by means of advertising,
12books, periodicals, newspapers, lectures, broadcasts, motion
13pictures, or otherwise.
14    "Information-service employee" means any person who is
15engaged in furnishing, disseminating, or publishing accounts,
16descriptions, information, or data with respect to the
17political, industrial, employment, economic, social, cultural,
18or other benefits, advantages, facts, or conditions of any
19country other than the United States or of any government of a
20foreign country or of a foreign political party or of a
21partnership, association, corporation, organization, or other
22combination of individuals organized under the laws of, or
23having its principal place of business in, a foreign country.
24    "Registration statement" means the registration statement
25required to be filed with the Attorney General under Section
2615 or 20, and any supplements thereto required to be filed

 

 

SB3542- 6 -LRB103 39059 RLC 69196 b

1under Section 15 or 20, and includes all documents and papers
2required to be filed therewith or amendatory thereof or
3supplemental thereto, whether attached thereto or incorporated
4therein by reference.
5    "United States", when used in a geographical sense, means
6the several States, the District of Columbia, the Territories,
7the insular possessions, and all other places now or hereafter
8subject to the civil or military jurisdiction of the United
9States.
10    "Prints" means newspapers and periodicals, books,
11pamphlets, sheet music, visiting cards, address cards,
12printing proofs, engravings, photographs, pictures, drawings,
13plans, maps, patterns to be cut out, catalogs, prospectuses,
14advertisements, and printed, engraved, lithographed, or
15autographed notices of various kinds, and, in general, all
16impressions or reproductions obtained on paper or other
17material assimilable to paper, on parchment or on cardboard,
18by means of printing, engraving, lithography, autography, or
19any other easily recognizable mechanical process, with the
20exception of the copying press, stamps with movable or
21immovable type, and the typewriter.
22    "Political activities" means any activity that the person
23engaging in believes will, or that the person intends to, in
24any way influence any agency or official of the State or a unit
25of local government, or any section of the public within this
26State with reference to formulating, adopting, or changing the

 

 

SB3542- 7 -LRB103 39059 RLC 69196 b

1domestic or foreign policies of the United States or with
2reference to the political or public interests, policies, or
3relations of a government of a foreign country or a foreign
4political party.
5    "Political consultant" means any person who engages in
6informing or advising any other person with reference to the
7policies or the political or public interest, policies, or
8relations of a foreign country or of a foreign political
9party.
10    "Country of concern" means the People's Republic of China,
11the Russian Federation, the Islamic Republic of Iran, the
12Democratic People's Republic of Korea, the Republic of Cuba,
13the Venezuelan regime of Nicolas Maduro, or the Syrian Arab
14Republic, including any agent of or any other entity under
15significant control of such foreign country of concern, or any
16other entity deemed by the Governor in consultation with the
17Director of the Illinois Emergency Management Agency and
18Office 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
21from a country of concern unless he or she has filed with the
22Attorney General a true and complete registration statement
23and supplements thereto as required by subsections (a) and (b)
24or unless he or she is exempt from registration under the
25provisions of this Act. Except as otherwise provided in the

 

 

SB3542- 8 -LRB103 39059 RLC 69196 b

1Act, every person who becomes an agent of a foreign principal
2from a country of concern shall, within 10 days thereafter,
3file with the Attorney General, in duplicate, a registration
4statement, under oath on a form prescribed by the Attorney
5General. The obligation of an agent of a foreign principal
6from a country of concern to file a registration statement
7shall, after the 10th day of his or her becoming such agent,
8continue from day to day, and termination of such status shall
9not relieve such agent from his or her obligation to file a
10registration statement for the period during which he or she
11was an agent of a foreign principal from a country of concern.
12The registration statement shall include the following, which
13shall be regarded as material for the purposes of this
14subsection:
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

 

 

SB3542- 9 -LRB103 39059 RLC 69196 b

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

 

 

SB3542- 10 -LRB103 39059 RLC 69196 b

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

 

 

SB3542- 11 -LRB103 39059 RLC 69196 b

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

 

 

SB3542- 12 -LRB103 39059 RLC 69196 b

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
26concern who has filed a registration statement required by

 

 

SB3542- 13 -LRB103 39059 RLC 69196 b

1subsection (a) shall, within 30 days after the expiration of
2each period of 6 months succeeding such filing, file with the
3Attorney General a supplement thereto under oath, on a form
4prescribed by the Attorney General, which shall set forth with
5respect to such preceding 6 months' period such facts as the
6Attorney General, having due regard for the national security
7and the public interest, may deem necessary to make the
8information required under this Section accurate, complete,
9and current with respect to such period. In connection with
10the information furnished under clauses (3), (4), (6), and (9)
11of subsection (a), the registrant shall give notice to the
12Attorney General of any changes therein within 10 days after
13such changes occur. If the Attorney General, having due regard
14for the national security and the public interest, determines
15that it is necessary to carry out the purposes of this Act, the
16Attorney General may, in any particular case, require
17supplements to the registration statement to be filed at more
18frequent intervals in respect to all or particular items of
19information to be furnished.
20    (c) The registration statement and supplements thereto
21shall be executed under oath as follows: If the registrant is
22an individual, by him or her; if the registrant is a
23partnership, by the majority of the members thereof; if the
24registrant is a person other than an individual or a
25partnership, by a majority of the officers thereof or persons
26performing the functions of officers or by a majority of the

 

 

SB3542- 14 -LRB103 39059 RLC 69196 b

1board of directors thereof or persons performing the functions
2of directors, if any.
3    (d) The fact that a registration statement or supplement
4thereto has been filed shall not necessarily be deemed a full
5compliance with this Act and the rules thereunder on the part
6of the registrant; nor shall it indicate that the Attorney
7General has in any way passed upon the merits of such
8registration statement or supplement thereto; nor shall it
9preclude prosecution, as provided for in this Act, for willful
10failure to file a registration statement or supplement thereto
11when due or for a willful false statement of a material fact
12therein or the willful omission of a material fact required to
13be stated therein or the willful omission of a material fact or
14copy of a material document necessary to make the statements
15made in a registration statement and supplements thereto, and
16the copies of documents furnished therewith, not misleading.
17    (e) If any agent of a foreign principal from a country of
18concern, required to register under the provisions of this
19Act, has previously thereto registered with the Attorney
20General under this Act, the Attorney General, in order to
21eliminate inappropriate duplication, may permit the
22incorporation by reference in the registration statement or
23supplements thereto filed hereunder of any information or
24documents previously filed by such agent of a foreign
25principal from a country of concern under the provisions of
26said section.
 

 

 

SB3542- 15 -LRB103 39059 RLC 69196 b

1    Section 20. Retroactive transparency. Any person who acted
2as an agent of a foreign principal from a country of concern at
3any time after January 1, 2014 and until the effective date of
4this Act shall file with the Attorney General a true and
5complete retroactive registration statement and supplements
6thereto as required under Section 15.
 
7    Section 25. Exemptions. The requirements of Sections 15
8and Section 20 of this Act do not apply to the following agents
9of 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

 

 

SB3542- 16 -LRB103 39059 RLC 69196 b

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.
 

 

 

SB3542- 17 -LRB103 39059 RLC 69196 b

1    Section 30. Filing and labeling of informational
2materials.
3    (a) Every person within this State who is an agent of a
4foreign principal from a country of concern and who is
5required to register under the provisions of this Act and who
6transmits or causes to be transmitted in the United States
7mails or by any means or instrumentality of interstate or
8foreign commerce any informational materials for or in the
9interests of such foreign principal from a country of concern
10(i) in the form of prints, or (ii) in any other form which is
11reasonably adapted to being, or which the person believes will
12be, or which the person intends to be, disseminated or
13circulated among 2 or more persons shall, not later than 48
14hours after the beginning of the transmittal thereof, file
15with the Attorney General 2 copies thereof.
16    (b) It is unlawful for any person within the United States
17who is an agent of a foreign principal from a country of
18concern and required to register under the provisions of this
19Act to transmit or cause to be transmitted in the United States
20mails or by any means or instrumentality of interstate or
21foreign commerce any informational materials for or in the
22interests of such foreign principal from a country of concern
23without placing in such informational materials a conspicuous
24statement that the materials are distributed by the agent on
25behalf of the foreign principal from a country of concern, and
26that additional information is on file with the Attorney

 

 

SB3542- 18 -LRB103 39059 RLC 69196 b

1General. The Attorney General may by rule define what
2constitutes a conspicuous statement for the purposes of this
3Section.
4    (c) The copies of informational materials required by this
5Section to be filed with the Attorney General shall be
6available for public inspection under such rules as Attorney
7General may prescribe.
8    (d) It is unlawful for any person within this State who is
9an agent of a foreign principal from a country of concern
10required to register under the provisions of this Act to
11transmit, convey, or otherwise furnish to any agency or
12official of the government of this State (including a member
13or committee of either House of the General Assembly or a
14member or committee of a unit of local government) for or in
15the interests of such foreign principal from a country of
16concern any political propaganda or to request from any such
17agency or official for or in the interests of such foreign
18principal from a country of concern any information or advice
19with respect to any matter pertaining to the political or
20public interests, policies or relations of a foreign country
21of concern or of a political party from a country of concern or
22pertaining to the foreign or domestic policies of the United
23States or this State unless the propaganda or the request is
24prefaced or accompanied by a true and accurate statement to
25the effect that such person is registered as an agent of such
26foreign principal from a country of concern under this Act.

 

 

SB3542- 19 -LRB103 39059 RLC 69196 b

1    (e) Whenever any agent of a foreign principal from a
2country of concern required to register under this Section
3appears before any committee of the General Assembly or a unit
4of local government to testify for or in the interests of such
5foreign principal from a country of concern, the agent shall,
6at the time of such appearance, furnish the committee with a
7copy of his most recent registration statement filed with the
8Attorney General as an agent of such foreign principal from a
9country of concern for inclusion in the records of the
10committee as part of the agent's testimony.
 
11    Section 35. Maintenance of books and records. Every agent
12of a foreign principal from a country of concern registered
13under this Act shall keep and preserve while the person is an
14agent of a foreign principal from a country of concern such
15books of account and other records with respect to all his
16activities, the disclosure of which is required under the
17provisions of this Act, in accordance with such business and
18accounting practices, as the Attorney General, having due
19regard for the national security and the public interest, may
20by rule prescribe as necessary or appropriate for the
21enforcement of the provisions of this Act and shall preserve
22the same for a period of 3 years following the termination of
23such status. Until rules are in effect under this Section
24every agent of a foreign principal from a country of concern
25shall keep books of account and shall preserve all written

 

 

SB3542- 20 -LRB103 39059 RLC 69196 b

1records with respect to his activities. Such books and records
2shall be open at all reasonable times to the inspection of any
3official charged with the enforcement of this Act. It shall be
4unlawful for any person knowingly to conceal, destroy,
5obliterate, mutilate, or falsify, or to attempt to conceal,
6destroy, obliterate, mutilate, or falsify, or to cause to be
7concealed, destroyed, obliterated, mutilated, or falsified,
8any books or records required to be kept under the provisions
9of this Act.
 
10    Section 40. Public transparency and examination of
11official records.
12    (a) The Attorney General shall retain in permanent form
13one copy of all registration statements furnished under this
14Act, and the same shall be public records and open to public
15examination and inspection at such reasonable hours, under
16such rules, as the Attorney General may prescribe, and copies
17of the same shall be furnished to every applicant at such
18reasonable fee as the Attorney General may prescribe.
19    (b) The Attorney General shall, promptly upon receipt,
20transmit one copy of every registration statement filed
21hereunder and one copy of every amendment or supplement
22thereto filed hereunder, to the United States Secretary of
23State for such comment and use as the United States Secretary
24of State may determine to be appropriate from the point of view
25of the foreign relations of the United States. Failure of the

 

 

SB3542- 21 -LRB103 39059 RLC 69196 b

1Attorney General so to transmit such copy shall not be a bar to
2prosecution under this Act.
3    (c) The Attorney General is authorized to furnish to
4departments and agencies in the executive branch and
5committees of the General Assembly such information obtained
6by the Attorney General in the administration of this Act,
7including the names of registrants under this Act, copies of
8registration statements, or parts thereof, or other documents
9or information filed under this Act, as may be appropriate in
10the light of the purposes of this Act.
11    (d) The Attorney General shall every 6 months report to
12the General Assembly concerning administration of this Act,
13including registrations filed pursuant to this Act, and the
14nature, sources and content of political propaganda
15disseminated and distributed.
16    (e) The Attorney General shall every month report on a web
17portal administered by the Attorney General concerning
18administration of this Act, including registrations filed
19pursuant to this Act, and the nature, sources and content of
20political propaganda disseminated and distributed.
 
21    Section 45. Liability of officers. Each officer, or person
22performing the functions of an officer, and each director, or
23person performing the functions of a director, of an agent of a
24foreign principal from a country of concern which is not an
25individual shall be under obligation to cause such agent to

 

 

SB3542- 22 -LRB103 39059 RLC 69196 b

1execute and file a registration statement and supplements
2thereto as and when such filing is required under subsections
3(a) and (b) of Section 15 or of Section 20 and shall also be
4under obligation to cause such agent to comply with all the
5requirements of Sections 30 and 35 and all other requirements
6of this Act. Dissolution of any organization acting as an
7agent of a foreign principal from a country of concern shall
8not relieve any officer, or person performing the functions of
9an officer, or any director, or person performing the
10functions of a director, from complying with the provisions of
11this Section. In case of failure of any such agent of a foreign
12principal from a country of concern to comply with any of the
13requirements of this Act, each of its officers, or persons
14performing the functions of officers, and each of its
15directors, or persons performing the functions of directors,
16shall 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
19addition to a term of imprisonment, upon conviction thereof,
20may 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

 

 

SB3542- 23 -LRB103 39059 RLC 69196 b

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)
8of this Section is guilty of a Class A misdemeanor for which a
9fine of not more than $50,000 may be imposed.
10    (b) Any person who is a student, faculty member,
11researcher, adjunct, or otherwise employed or associated with
12a 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,
24shall, upon conviction thereof, be expelled or dismissed from
25any role with an institution of higher education in this State
26and shall be prohibited from entering any campus in this

 

 

SB3542- 24 -LRB103 39059 RLC 69196 b

1State.
2    Each institution of higher education in this State shall
3adopt a policy for expulsion or dismissal of individuals found
4in violation of this Act.
5    (c) In any proceeding under this Act in which it is charged
6that a person is an agent of a foreign principal from a country
7of concern with respect to a foreign principal outside of the
8United States, proof of the specific identity of the foreign
9principal from a country of concern shall be permissible but
10not necessary.
11    (d) Any alien who shall be convicted of a violation of, or
12a conspiracy to violate, any provision of this Act or any rule
13thereunder shall be subject to referral to the United States
14Department of Justice for removal pursuant to Chapter 4 of
15Title II of the Immigration and Nationality Act.
16    (e) Failure to file any such registration statement or
17supplements thereto as is required by either subsection (a) or
18(b) of Section 15 shall be considered a continuing offense for
19as long as such failure exists, notwithstanding any statute of
20limitation or other statute to the contrary.
21    (f) Whenever in the judgment of the Attorney General any
22person is engaged in or about to engage in any acts which
23constitute or will constitute a violation of any provision of
24this Act, or rules issued thereunder, or whenever any agent of
25a foreign principal from a country of concern fails to comply
26with any of the provisions of this Act or the rules issued

 

 

SB3542- 25 -LRB103 39059 RLC 69196 b

1thereunder, or otherwise is in violation of the Act, the
2Attorney General may make application to the appropriate state
3court for an order enjoining such acts or enjoining such
4person from continuing to act as an agent of such foreign
5principal from a country of concern, or for an order requiring
6compliance with any appropriate provision of the Act or rule
7thereunder. The circuit court shall have jurisdiction and
8authority to issue a temporary or permanent injunction,
9restraining order, or such other order which it may deem
10proper.
11    (g) If the Attorney General determines that a registration
12statement does not comply with the requirements of this Act or
13the rules issued thereunder, the Attorney General shall so
14notify the registrant in writing, specifying in what respects
15the statement is deficient. It shall be unlawful for any
16person to act as an agent of a foreign principal from a country
17of concern at any time 10 days or more after receipt of such
18notification without filing an amended registration statement
19in full compliance with the requirements of this Act and the
20rules issued thereunder.
21    (h) It is unlawful for any agent of a foreign principal
22from a country of concern required to register under this Act
23to be a party to any contract, agreement, or understanding,
24either express or implied, with such foreign principal from a
25country of concern pursuant to which the amount or payment of
26the compensation, fee, or other remuneration of such agent is

 

 

SB3542- 26 -LRB103 39059 RLC 69196 b

1contingent in whole or in part upon the success of any
2political activities carried on by such agent.
 
3    Section 55. Rules. The Attorney General may at any time
4adopt such rules and forms as he or she may deem necessary to
5carry out the provisions of this Act.