Intelligence Law Glossary - Agent of a Foreign Principal [HTML-Only]


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Agent of a Foreign Principal

Statutory Law

22 U.S.C. § 611(c) & (d) (2010) (Title 22—Chapter 11: Foreign Agents and Propaganda: Registration of Foreign Propagandists)

As used in and for the purposes of this Act—
(c) Expect [Except] as provided in subsection (d) hereof, the term "agent of a foreign principal" means—
   (1) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal or of 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—
      (i) engages within the United States in political activities for or in the interests of such foreign principal;
      (ii) 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;
      (iii) within the United States solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of such foreign principal; or
      (iv) within the United States represents the interests of such foreign principal before any agency or official of the Government of the United States; and
   (2) any person who agrees, consents, assumes or purports to act as, or who is or holds himself out to be, whether or not pursuant to contractual relationship, an agent of a foreign principal as defined in clause (1) of this subsection.

As used in and for the purposes of this Act—
(d) The term "agent of a foreign principal" does not include any news or press service or association organized under the laws of the United States or of any State or other place subject to the jurisdiction of the United States, or any newspaper, magazine, periodical, or other publication for which there is on file with the United States Postal Service information in compliance with Section 3611 [3685] of Title 39, United States Code [39 U.S.C. § 3685], published in the United States, solely by virtue of any bona fide news or journalistic activities, including the solicitation or acceptance of advertisements, subscriptions, or other compensation therefor, so long as it is at least 80 per centum beneficially owned by, and its officers and directors, if any, are citizens of the United States, and such news or press service or association, newspaper, magazine, periodical, or other publication, is not owned, directed, supervised, controlled, subsidized, or financed, and none of its policies are determined by any foreign principal defined in section 1(b) hereof [subsec. (b) of the section], or by any agent of a foreign principal required to register under this Act.

Administrative Law

 

28 CFR § 5.100 (a)(7) [28 CFR PART 5—ADMINISTRATION AND ENFORCEMENT OF FOREIGN AGENTS REGISTRATION ACT OF 1938, AS AMENDED]

(a) As used in this part:

            (7) Unless otherwise specified, the term agent of a foreign principal means an agent of a foreign principal required to register under the Act.