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