2. The semiannual reports which the Tourism Office has properly filed pursuant to the Foreign Agents Registration Act, are required under the Act to be verified through an inspection. Notification of such inspection has, therefore, been properly made by the Department of Justice. 3. It is the public relations, promotional and informational activity on behalf of the . . . Government of the . . . Tourism Office that requires the registration of that office as an agent under the Foreign Agents Registration Act; and that distinguishes that office from the functions normally carried out by a Consulate. The absence of commercial activity by the . . . Tourism Office does not affect the characterization of that office as an agent of a foreign principal under the Foreign Agents Registration Act. With reference to note No. 135, the Department wishes to reiterate and clarify that since the ... Tourism Office is engaged in promotional activities on behalf of the . . . tourism industry, the office is required to be registered under Section 1 (c) (i) (ii) of the Foreign Agents Registration Act (22 U.S.C. Para 611 (c) (i) (ii)) which requires the registration of any person, including by definition any organization, who "acts within the United States as a public relations counsel, publicity agent, information service employee or political consultant for or in the interests of such foreign principal.” The Department also wishes to draw the Embassy's attention to the provisions of section 3 (a) of the Act (22 U.S.C. Para. 613(a)) which exempts from the registration requirement "a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, while said officer is engaged exclusively in activities which are recognized by the Department of State as being within the scope of the functions of such officer." (italics added) In this regard, it would be inconsistent with the general practice of the Department to recognize as part of the diplomatic mission, offices of the foreign government located outside the metropolitan Washington area. Dept. of State File Nos. P77 0088-2045, P77 0096-0138 and P77 0123-1835. Every agent of a foreign principal registered under this subchapter shall keep and preserve while he is an agent of a foreign principal such books of account and other records with respect to all his activities, the disclosure of which is required under the provisions of this subchapter, in accordance with such business and accounting practices, as the Attorney General, having due regard for the national security and the public interest, may by regulation prescribe as necessary or appropriate for the enforcement of the provisions of this subchapter and shall preserve the same for a period of three years following the termination of such status. Until regulations are in effect under this section every agent of a foreign principal shall keep books of account and shall preserve all written records with respect to his activities. Such books and records shall be open at all reasonable times to the inspection of any official charged with the enforcement of this subchapter. It shall be unlawful for any person willfully to conceal, destroy, obliterate, mutilate, or falsify, or to attempt to conceal, destroy, obliterate, mutilate, or falsify, or to cause to be concealed, destroyed, obliterated, mutilated. or falsified, any books or records required to be kept under the provisions of this section. The United States is a party to the Vienna Convention on Diplomatic Relations done on Apr. 18, 1961 (TIAS 7502; 23 UST 3227; 500 UNTS 95; entered into force for the United States Dec. 13, 1972), and the Convention on Consular Relations done at Vienna on Apr. 24, 1963 (TIAS 6820; 21 UST 77; 596 UNTS 261; entered into force for the United States on Dec. 24, 1969). In August of 1977, Senator John Sparkman, Chairman of the Senate Foreign Relations Committee, caused to be printed a report prepared for his Committee by the American Law Division of the Congressional Research Service of the Library of Congress on the Foreign Agents Registration Act of 1938. Chairman Sparkman's preface described the contents of the committee print in part as follows: The print includes a detailed description of the background of the 1938 legislation, as amended, its operation, administration and enforcement, current problems associated therewith, and recommended changes to make the Act more workable. In addition, the print contains a number of other materials on the subject of lobbying and propaganda activities by nondiplomatic representatives, including Justice and State responses to Committee interrogatories, which should prove beneficial during the Subcommittee on International Relations upcoming investigation into the subject-the first such investigation since the one that preceded the 1966 amendments. Senate Comm. on Foreign Relations Comm. Print prepared by the American Law Division of the Cong. Research Service of the Library of Cong., 95th Cong., 1st Sess., The Foreign Agents Registration Act (1977), 161–162. The print contains a report submitted on March 13, 1974, by Elmer B. Staats, then Comptroller General of the United States, to Senator J. W. Fulbright, then Chairman of the Senate Committee on Foreign Relations, concerning the effectiveness of the Act. Mr. Staats gave the following reasons for the preparation of the report No. B-177551 by the General Accounting Office (GAO): The Senate Committee on Foreign Relations asked GAO to review the Foreign Agents Registration Act, as amended, and to point out areas needing additional corrective action. This report covers the effects of the 1966 amendments on the number and types of registered foreign agents; ⚫ an appraisal of the sufficiency and timeliness of the information filed by registered agents in fulfilling the purposes of the act; and an analysis of the monitoring and enforcement actions taken by the Department of Justice. Id. 86. * The recommendations contained in the digest of the GAO report suggest that the Attorney General take the following steps: • Establish a system which would bring all foreign agent files up to date and require that filings be made on time. • Review supplemental statements to identify and revise all questions, which confused the registrants, to reduce or eliminate the high incidence of insufficient responses. • Assess the Registration Section's needs, including those for more staff, and establish a review system to insure that the Department carries out its registration and enforcement activities effectively. Id. 107 (Footnotes omitted.) In a letter dated June 26, 1974, Acting Assistant Attorney General for administration Glen E. Pommerening wrote to Chairman Fulbright "concerning action taken, or planned to be taken, by the Department of Justice to meet the problems discussed by the Comptroller General's report . . . ." Mr. Pommerening indicated the Department of Justice concurred "in general with the criticisms and recommendations" contained in the GAO report and suggested that the Justice Department's Registration Unit would take the following measures to comply with the report's recommendations: To comply with the recommendations of the report, we plan to establish attorney teams in the Registration Unit to (1) conduct ongoing examinations of the records of registrants, (2) establish and maintain liaison with congressional committees and U.S. agencies dealing with foreign matters, (3) ascertain whether agents are complying with their obligations to disclose the identities of their foreign principals when dealing with U.S. officials and agencies, (4) followup by personal inspection the issuance of Notices of Deficiency to determine whether activity of the agent continued beyond the 10-day limit, and (5) call on and consult with registrants having problems in complying with the Act. Id. 107. Mr. Pommerening also discussed the GAO's recommendations to achieve better coordination with the Department of State in the administration of the Act: Relative to the GAO recommendation that an interagency agreement be worked out with the State Department concerning the referral and followup of persons who are potentially subject to registration as agents of foreign nationals under the provisions of the Foreign Agents Registration Act, efforts have been initiated to establish such a procedure. It has always been our position that solicitation of a registration will be initiated if timely information is furnished as to (1) the identity of the person, (2) an address in the United States where the person may be reached, and (3) the basis on which an obligation to register can be founded. We will initiate the appropriate action on any such information that the Department of State may furnish concerning the proposed activities of visitors to the United States. Id. 111. The entire text of Mr. Pommerening's memorandum is to be found in pp. 107-112 of the committee print. Sec. VII of the background committee print contained the following answers by the Dept. of Justice to a questionnaire of the Senate Foreign Relations Committee regarding the Act and related legislation : I. ENFORCEMENT AND ADMINISTRATION 1. Provide a summary of all significant court cases since enactment of the 1966 amendments to the Foreign Agents Registration Act (hereafter referred to as the Act) and describe the implications of each case to the administration and enforcement of the statute. SIGNIFICANT COURT CASES SINCE ENACTMENT OF THE 1966 AMENDMENTS TO THE ACT Agent Type of offense Disposition and implications Year: tion. Irish Northern Aid Refusal to allow inspec- Court ordered defendants to allow inspection of books and records. Court upheld attorney-client privilege and is in process of conducting an in camera inspection to determine whether documents are within scope of privilege. Department of Justice may appeal. DGA International... Contingent fee contracts... Consent decree: DGA agreed to amend and remove contingent fee provisions from present and future contracts when acting as agents of foreign principals in political activities. Consent decree: IPR agreed to amend and remove contingent fee Consent decree: Prohibited Edelman Preliminary injunction denied, case dismissed for lack of compliance with rules of procedure. Summary judgment granted prohibiting registrant from acting as agent unless and until it complies with filing and labeling requirements in a timely manner. Officers enjoined from failing to cause registrant to comply and from failing to institute program to insure compliance. Gives department leverage over recalcitrant filers, upheld constitutionality of act, department's enforcement discretion and rejected necessity of proving obligation to register of persons who are already registered. above State Department recognized privileges and immunities. Disposition and implications This action was the first injunctive 6. (a) What provisions of Federal laws and regulations govern fundraising activities within the United States of either foreign or American citizens which are for political or related purposes abroad? (a) The provisions of Federal law governing the raising of funds, within the United States by American citizens or foreigners, which are used for political or related purposes abroad include 22 U.S.C. 441 (a), 22 U.S.C. 448 and 22 U.S.C. 611 et seq. Solicitation and collection of funds and contributions by persons within the United States which are made on behalf of a foreign government are illegal only if the President has issued a proclamation in accordance with 22 U.S.C. 441(a), naming that foreign state as being in a state of war with another foreign state. 22 U.S.C. 448 (b) allows for solicitation and collection of funds and contributions to be used for medical aid assistance, or for food and clothing to relieve human suffering by any person or organization which is not acting for or on behalf of a “proclaimed" government. Additionally, a person or organization that engages in fund-raising activities within the United States for political or related purposes abroad is required to register under the Foreign Agents Registration Act and disclose the nature of his activities. 22 U.S.C. 611 (c) provides that an agent of a foreign principal is "a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal, and who directly or through any other person within the United States solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interests of such foreign principal." Therefore, such a person would be required to register under the Act, unless the funds and contributions solicited are to be used only for medical aid and assistance, or for food and clothing to relieve human suffering. Id. 117. 15. (a) What steps are taken when propaganda or similar material which is not labeled as required by law is brought to the Department's attention? |