Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2371 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2371 Introduced 2/7/2025, 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. LRB104 03773 RLC 13797 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2371 Introduced 2/7/2025, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED: New Act 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. LRB104 03773 RLC 13797 b LRB104 03773 RLC 13797 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2371 Introduced 2/7/2025, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED:
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55 Creates the Foreign Agents Registration Act. Provides that no person shall act as an agent of a foreign principal from a country of concern unless he or she has filed with the Attorney General a true and complete registration statement and supplements thereto or unless he or she is exempt from registration under the provisions of the Act. Provides that, except as otherwise provided in the Act, every person who becomes an agent of a foreign principal from a country of concern shall, within 10 days thereafter, file with the Attorney General, in duplicate, a registration statement, under oath on a form prescribed by the Attorney General. Provides that the obligation of an agent of a foreign principal from a country of concern to file a registration statement shall, after the 10th day of his or her becoming such agent, continue from day to day, and termination of such status shall not relieve such agent from his or her obligation to file a registration statement for the period during which he or she was an agent of a foreign principal from a country of concern. Provides that any person who acted as an agent of a foreign principal from a country of concern at any time after January 1, 2014 and until the effective date of the Act shall file with the Attorney General a true and complete retroactive registration statement and supplements thereto. Provides that the registration provisions do not apply to certain agents and foreign principals. Provides penalties for violation. Provides that the Attorney General may at any time make, prescribe, amend, and rescind such rules and forms as the Attorney General may deem necessary to carry out the provisions of the Act. Defines "country of concern" as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agent of or any other entity under significant control of such foreign country of concern, or any other entity deemed by the Governor in consultation with the Director of the Illinois Emergency Management Agency and Office of Homeland Security.
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1111 1 AN ACT concerning foreign agents.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the
1515 5 Foreign Agents Registration Act.
1616 6 Section 5. Purpose. The purpose of this Act is to provide
1717 7 public transparency for the political and propaganda
1818 8 activities conducted by agents representing principals from
1919 9 foreign countries of concern.
2020 10 Section 10. Definitions. In this Act:
2121 11 "Person" means an individual, partnership, association,
2222 12 corporation, organization, or any other combination of
2323 13 individuals.
2424 14 "Foreign principal" means:
2525 15 (1) a government of a foreign country and a foreign
2626 16 political party;
2727 17 (2) a person outside of the United States, unless it
2828 18 is established that such person is an individual and a
2929 19 citizen of and domiciled within the United States, or that
3030 20 such person is not an individual and is organized under or
3131 21 created by the laws of the United States or of any State or
3232 22 other place subject to the jurisdiction of the United
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3636 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2371 Introduced 2/7/2025, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED:
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3939 Creates the Foreign Agents Registration Act. Provides that no person shall act as an agent of a foreign principal from a country of concern unless he or she has filed with the Attorney General a true and complete registration statement and supplements thereto or unless he or she is exempt from registration under the provisions of the Act. Provides that, except as otherwise provided in the Act, every person who becomes an agent of a foreign principal from a country of concern shall, within 10 days thereafter, file with the Attorney General, in duplicate, a registration statement, under oath on a form prescribed by the Attorney General. Provides that the obligation of an agent of a foreign principal from a country of concern to file a registration statement shall, after the 10th day of his or her becoming such agent, continue from day to day, and termination of such status shall not relieve such agent from his or her obligation to file a registration statement for the period during which he or she was an agent of a foreign principal from a country of concern. Provides that any person who acted as an agent of a foreign principal from a country of concern at any time after January 1, 2014 and until the effective date of the Act shall file with the Attorney General a true and complete retroactive registration statement and supplements thereto. Provides that the registration provisions do not apply to certain agents and foreign principals. Provides penalties for violation. Provides that the Attorney General may at any time make, prescribe, amend, and rescind such rules and forms as the Attorney General may deem necessary to carry out the provisions of the Act. Defines "country of concern" as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agent of or any other entity under significant control of such foreign country of concern, or any other entity deemed by the Governor in consultation with the Director of the Illinois Emergency Management Agency and Office of Homeland Security.
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6767 1 States and has its principal place of business within the
6868 2 United States;
6969 3 (3) a partnership, association, corporation,
7070 4 organization, or other combination of persons organized
7171 5 under the laws of or having its principal place of
7272 6 business in a foreign country; or
7373 7 (4) a partnership, association, corporation,
7474 8 organization, or other combination of persons that is at
7575 9 least 20% beneficially owned by a partnership,
7676 10 association, corporation, organization, or other
7777 11 combination of persons organized under the laws of or
7878 12 having its principal place of business in a foreign
7979 13 country.
8080 14 "Agent of a foreign principal" means:
8181 15 (1) any person who acts as an agent, representative,
8282 16 employee, or servant, or any person who acts in any other
8383 17 capacity at the order, request, or under the direction or
8484 18 control of a foreign principal or of a person any of whose
8585 19 activities are directly or indirectly supervised,
8686 20 directed, controlled, financed, or subsidized in whole or
8787 21 in part by a foreign principal, and who directly or
8888 22 through any other person:
8989 23 (i) engages within this State in political
9090 24 activities for or in the interests of such foreign
9191 25 principal;
9292 26 (ii) acts within this State as a public-relations
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103103 1 counsel, publicity agent, information-service employee
104104 2 or political consultant for or in the interests of
105105 3 such foreign principal;
106106 4 (iii) within this State solicits, collects,
107107 5 disburses, or dispenses contributions, loans, money,
108108 6 or other things of value for or in the interest of such
109109 7 foreign principal; or
110110 8 (iv) within this State represents the interests of
111111 9 such foreign principal before any agency or official
112112 10 of the government or of a unit of local government; and
113113 11 (2) any person who agrees, consents, assumes or
114114 12 purports to act as, or who is or holds himself or herself
115115 13 out to be, whether or not pursuant to contractual
116116 14 relationship, an agent of a foreign principal as defined
117117 15 in clause (1) of this definition.
118118 16 "Agent of a foreign principal" does not include any news
119119 17 or press service or association organized under the laws of
120120 18 the United States or of any State or other place subject to the
121121 19 jurisdiction of the United States, or any newspaper, magazine,
122122 20 periodical, or other publication for which there is on file
123123 21 with the United States Postal Service information in
124124 22 compliance with 39 U.S.C. 3611, published in the United
125125 23 States, solely by virtue of any bona fide news or journalistic
126126 24 activities, including the solicitation or acceptance of
127127 25 advertisements, subscriptions, or other compensation therefor,
128128 26 so long as it is at least 80% beneficially owned by, and its
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139139 1 officers and directors, if any, are citizens of the United
140140 2 States, and such news or press service or association,
141141 3 newspaper, magazine, periodical, or other publication, is not
142142 4 owned, directed, supervised, controlled, subsidized, or
143143 5 financed, and none of its policies are determined by any
144144 6 foreign principal defined in this Section, or by any agent of a
145145 7 foreign principal required to register under this Act.
146146 8 "Government of a foreign country" means any person or
147147 9 group of persons exercising sovereign de facto or de jure
148148 10 political jurisdiction over any country, other than the United
149149 11 States, or over any part of such country, and includes any
150150 12 subdivision of any such group and any group or agency to which
151151 13 such sovereign de facto or de jure authority or functions are
152152 14 directly or indirectly delegated. The term shall include any
153153 15 faction or body of insurgents within a country assuming to
154154 16 exercise governmental authority whether such faction or body
155155 17 of insurgents has or has not been recognized by the United
156156 18 States.
157157 19 "Foreign political party" means any organization or any
158158 20 other combination of individuals in a country other than the
159159 21 United States, or any unit or branch thereof, having for an aim
160160 22 or purpose, or which is engaged in any activity devoted in
161161 23 whole or in part to, the establishment, administration,
162162 24 control, or acquisition of administration or control, of a
163163 25 government of a foreign country or a subdivision thereof, or
164164 26 the furtherance or influencing of the political or public
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175175 1 interests, policies, or relations of a government of a foreign
176176 2 country or a subdivision thereof.
177177 3 "Public-relations counsel" means any person who engages
178178 4 directly or indirectly in informing, advising, or in any way
179179 5 representing a principal in any public relations matter
180180 6 pertaining to political or public interests, policies, or
181181 7 relations of such principal.
182182 8 "Publicity agent" means any person who engages directly or
183183 9 indirectly in the publication or dissemination of oral,
184184 10 visual, graphic, written, or pictorial information or matter
185185 11 of any kind, including publication by means of advertising,
186186 12 books, periodicals, newspapers, lectures, broadcasts, motion
187187 13 pictures, or otherwise.
188188 14 "Information-service employee" means any person who is
189189 15 engaged in furnishing, disseminating, or publishing accounts,
190190 16 descriptions, information, or data with respect to the
191191 17 political, industrial, employment, economic, social, cultural,
192192 18 or other benefits, advantages, facts, or conditions of any
193193 19 country other than the United States or of any government of a
194194 20 foreign country or of a foreign political party or of a
195195 21 partnership, association, corporation, organization, or other
196196 22 combination of individuals organized under the laws of, or
197197 23 having its principal place of business in, a foreign country.
198198 24 "Registration statement" means the registration statement
199199 25 required to be filed with the Attorney General under Section
200200 26 15 or 20, and any supplements thereto required to be filed
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211211 1 under Section 15 or 20, and includes all documents and papers
212212 2 required to be filed therewith or amendatory thereof or
213213 3 supplemental thereto, whether attached thereto or incorporated
214214 4 therein by reference.
215215 5 "United States", when used in a geographical sense, means
216216 6 the several States, the District of Columbia, the Territories,
217217 7 the insular possessions, and all other places now or hereafter
218218 8 subject to the civil or military jurisdiction of the United
219219 9 States.
220220 10 "Prints" means newspapers and periodicals, books,
221221 11 pamphlets, sheet music, visiting cards, address cards,
222222 12 printing proofs, engravings, photographs, pictures, drawings,
223223 13 plans, maps, patterns to be cut out, catalogs, prospectuses,
224224 14 advertisements, and printed, engraved, lithographed, or
225225 15 autographed notices of various kinds, and, in general, all
226226 16 impressions or reproductions obtained on paper or other
227227 17 material assimilable to paper, on parchment or on cardboard,
228228 18 by means of printing, engraving, lithography, autography, or
229229 19 any other easily recognizable mechanical process, with the
230230 20 exception of the copying press, stamps with movable or
231231 21 immovable type, and the typewriter.
232232 22 "Political activities" means any activity that the person
233233 23 engaging in believes will, or that the person intends to, in
234234 24 any way influence any agency or official of the State or a unit
235235 25 of local government, or any section of the public within this
236236 26 State with reference to formulating, adopting, or changing the
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247247 1 domestic or foreign policies of the United States or with
248248 2 reference to the political or public interests, policies, or
249249 3 relations of a government of a foreign country or a foreign
250250 4 political party.
251251 5 "Political consultant" means any person who engages in
252252 6 informing or advising any other person with reference to the
253253 7 policies or the political or public interest, policies, or
254254 8 relations of a foreign country or of a foreign political
255255 9 party.
256256 10 "Country of concern" means the People's Republic of China,
257257 11 the Russian Federation, the Islamic Republic of Iran, the
258258 12 Democratic People's Republic of Korea, the Republic of Cuba,
259259 13 the Venezuelan regime of Nicolas Maduro, or the Syrian Arab
260260 14 Republic, including any agent of or any other entity under
261261 15 significant control of such foreign country of concern, or any
262262 16 other entity deemed by the Governor in consultation with the
263263 17 Director of the Illinois Emergency Management Agency and
264264 18 Office of Homeland Security.
265265 19 Section 15. Requirements to register as a foreign agent.
266266 20 (a) No person shall act as an agent of a foreign principal
267267 21 from a country of concern unless he or she has filed with the
268268 22 Attorney General a true and complete registration statement
269269 23 and supplements thereto as required by subsections (a) and (b)
270270 24 or unless he or she is exempt from registration under the
271271 25 provisions of this Act. Except as otherwise provided in the
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282282 1 Act, every person who becomes an agent of a foreign principal
283283 2 from a country of concern shall, within 10 days thereafter,
284284 3 file with the Attorney General, in duplicate, a registration
285285 4 statement, under oath on a form prescribed by the Attorney
286286 5 General. The obligation of an agent of a foreign principal
287287 6 from a country of concern to file a registration statement
288288 7 shall, after the 10th day of his or her becoming such agent,
289289 8 continue from day to day, and termination of such status shall
290290 9 not relieve such agent from his or her obligation to file a
291291 10 registration statement for the period during which he or she
292292 11 was an agent of a foreign principal from a country of concern.
293293 12 The registration statement shall include the following, which
294294 13 shall be regarded as material for the purposes of this
295295 14 subsection:
296296 15 (1) registrant's name, principal business address, and
297297 16 all other business addresses in the United States or
298298 17 elsewhere, and all residence addresses, if any;
299299 18 (2) status of the registrant; if an individual,
300300 19 nationality; if a partnership, name, residence addresses,
301301 20 and nationality of each partner and a true and complete
302302 21 copy of its articles of copartnership; if an association,
303303 22 corporation, organization, or any other combination of
304304 23 individuals, the name, residence addresses, and
305305 24 nationality of each director and officer and of each
306306 25 person performing the functions of a director or officer
307307 26 and a true and complete copy of its charter, articles of
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318318 1 incorporation, association, constitution, and bylaws, and
319319 2 amendments thereto; a copy of every other instrument or
320320 3 document and a statement of the terms and conditions of
321321 4 every oral agreement relating to its organization, powers,
322322 5 and purposes; and a statement of its ownership and
323323 6 control;
324324 7 (3) a comprehensive statement of the nature of
325325 8 registrant's business; a complete list of registrant's
326326 9 employees and a statement of the nature of the work of
327327 10 each; the name and address of every foreign principal from
328328 11 a country of concern for whom the registrant is acting,
329329 12 assuming or purporting to act or has agreed to act; the
330330 13 character of the business or other activities of every
331331 14 such foreign principal from a country of concern, and, if
332332 15 any such foreign principal from a country of concern be
333333 16 other than a natural person, a statement of the ownership
334334 17 and control of each; and the extent, if any, to which each
335335 18 such foreign principal from a country of concern is
336336 19 supervised, directed, owned, controlled, financed, or
337337 20 subsidized, in whole or in part, by any government of a
338338 21 foreign country or foreign political party, or by any
339339 22 other foreign principal from a country of concern;
340340 23 (4) copies of each written agreement and the terms and
341341 24 conditions of each oral agreement, including all
342342 25 modifications of such agreements, or, where no contract
343343 26 exists, a full statement of all the circumstances, by
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354354 1 reason of which the registrant is an agent of a foreign
355355 2 principal from a country of concern; a comprehensive
356356 3 statement of the nature and method of performance of each
357357 4 such contract, and of the existing and proposed activity
358358 5 or activities engaged in or to be engaged in by the
359359 6 registrant as agent of a foreign principal from a country
360360 7 of concern for each such foreign principal from a country
361361 8 of concern, including a detailed statement of any such
362362 9 activity which is a political activity;
363363 10 (5) the nature and amount of contributions, income,
364364 11 money, or thing of value, if any, that the registrant has
365365 12 received within the preceding 180 days from each such
366366 13 foreign principal from a country of concern, either as
367367 14 compensation or for disbursement or otherwise, and the
368368 15 form and time of each such payment and from whom received;
369369 16 (6) a detailed statement of every activity which the
370370 17 registrant is performing or is assuming or purporting or
371371 18 has agreed to perform for himself, herself, or any other
372372 19 person other than a foreign principal from a country of
373373 20 concern and which requires his registration hereunder,
374374 21 including a detailed statement of any such activity which
375375 22 is a political activity;
376376 23 (7) the name, business, and residence addresses, and
377377 24 if an individual, the nationality, of any person other
378378 25 than a foreign principal from a country of concern for
379379 26 whom the registrant is acting, assuming or purporting to
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390390 1 act or has agreed to act under such circumstances as
391391 2 require his or her registration hereunder; the extent to
392392 3 which each such person is supervised, directed, owned,
393393 4 controlled, financed, or subsidized, in whole or in part,
394394 5 by any government of a foreign country or foreign
395395 6 political party or by any other foreign principal from a
396396 7 country of concern; and the nature and amount of
397397 8 contributions, income, money, or thing of value, if any,
398398 9 that the registrant has received during the preceding 180
399399 10 days from each such person in connection with any of the
400400 11 activities referred to in clause (6) of this subsection,
401401 12 either as compensation or for disbursement or otherwise,
402402 13 and the form and time of each such payment and from whom
403403 14 received;
404404 15 (8) a detailed statement of the money and other things
405405 16 of value spent or disposed of by the registrant during the
406406 17 preceding 180 days in furtherance of or in connection with
407407 18 activities which require his or her registration hereunder
408408 19 and which have been undertaken by him either as an agent of
409409 20 a foreign principal from a country of concern or for
410410 21 himself or any other person or in connection with any
411411 22 activities relating to his becoming an agent of such
412412 23 principal from a country of concern, and a detailed
413413 24 statement of any contributions of money or other things of
414414 25 value made by him during the preceding 180 days (other
415415 26 than contributions the making of which is prohibited under
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426426 1 the terms of 18 U.S.C. 613 in connection with an election
427427 2 to any political office or in connection with any primary
428428 3 election, convention, or caucus held to select candidates
429429 4 for any political office);
430430 5 (9) copies of each written agreement and the terms and
431431 6 conditions of each oral agreement, including all
432432 7 modifications of such agreements, or, where no contract
433433 8 exists, a full statement of all the circumstances, by
434434 9 reason of which the registrant is performing or assuming
435435 10 or purporting or has agreed to perform for himself or for a
436436 11 foreign principal from a country of concern or for any
437437 12 person other than a foreign principal from a country of
438438 13 concern any activities which require his or her
439439 14 registration hereunder;
440440 15 (10) such other statements, information, or documents
441441 16 pertinent to the purposes of this subsection as the
442442 17 Attorney General, having due regard for the national
443443 18 security and the public interest, may from time to time
444444 19 require; and
445445 20 (11) such further statements and such further copies
446446 21 of documents as are necessary to make the statements made
447447 22 in the registration statement and supplements thereto, and
448448 23 the copies of documents furnished therewith, not
449449 24 misleading.
450450 25 (b) Every agent of a foreign principal from a country of
451451 26 concern who has filed a registration statement required by
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462462 1 subsection (a) shall, within 30 days after the expiration of
463463 2 each period of 6 months succeeding such filing, file with the
464464 3 Attorney General a supplement thereto under oath, on a form
465465 4 prescribed by the Attorney General, which shall set forth with
466466 5 respect to such preceding 6 months' period such facts as the
467467 6 Attorney General, having due regard for the national security
468468 7 and the public interest, may deem necessary to make the
469469 8 information required under this Section accurate, complete,
470470 9 and current with respect to such period. In connection with
471471 10 the information furnished under clauses (3), (4), (6), and (9)
472472 11 of subsection (a), the registrant shall give notice to the
473473 12 Attorney General of any changes therein within 10 days after
474474 13 such changes occur. If the Attorney General, having due regard
475475 14 for the national security and the public interest, determines
476476 15 that it is necessary to carry out the purposes of this Act, the
477477 16 Attorney General may, in any particular case, require
478478 17 supplements to the registration statement to be filed at more
479479 18 frequent intervals in respect to all or particular items of
480480 19 information to be furnished.
481481 20 (c) The registration statement and supplements thereto
482482 21 shall be executed under oath as follows: If the registrant is
483483 22 an individual, by him or her; if the registrant is a
484484 23 partnership, by the majority of the members thereof; if the
485485 24 registrant is a person other than an individual or a
486486 25 partnership, by a majority of the officers thereof or persons
487487 26 performing the functions of officers or by a majority of the
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498498 1 board of directors thereof or persons performing the functions
499499 2 of directors, if any.
500500 3 (d) The fact that a registration statement or supplement
501501 4 thereto has been filed shall not necessarily be deemed a full
502502 5 compliance with this Act and the rules thereunder on the part
503503 6 of the registrant; nor shall it indicate that the Attorney
504504 7 General has in any way passed upon the merits of such
505505 8 registration statement or supplement thereto; nor shall it
506506 9 preclude prosecution, as provided for in this Act, for willful
507507 10 failure to file a registration statement or supplement thereto
508508 11 when due or for a willful false statement of a material fact
509509 12 therein or the willful omission of a material fact required to
510510 13 be stated therein or the willful omission of a material fact or
511511 14 copy of a material document necessary to make the statements
512512 15 made in a registration statement and supplements thereto, and
513513 16 the copies of documents furnished therewith, not misleading.
514514 17 (e) If any agent of a foreign principal from a country of
515515 18 concern, required to register under the provisions of this
516516 19 Act, has previously thereto registered with the Attorney
517517 20 General under this Act, the Attorney General, in order to
518518 21 eliminate inappropriate duplication, may permit the
519519 22 incorporation by reference in the registration statement or
520520 23 supplements thereto filed hereunder of any information or
521521 24 documents previously filed by such agent of a foreign
522522 25 principal from a country of concern under the provisions of
523523 26 said section.
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534534 1 Section 20. Retroactive transparency. Any person who acted
535535 2 as an agent of a foreign principal from a country of concern at
536536 3 any time after January 1, 2014 and until the effective date of
537537 4 this Act shall file with the Attorney General a true and
538538 5 complete retroactive registration statement and supplements
539539 6 thereto as required under Section 15.
540540 7 Section 25. Exemptions. The requirements of Sections 15
541541 8 and Section 20 of this Act do not apply to the following agents
542542 9 of foreign principals:
543543 10 (1) a duly accredited diplomatic or consular officer
544544 11 of a foreign government who is so recognized by the United
545545 12 States Department of State, while said officer is engaged
546546 13 exclusively in activities which are recognized by the
547547 14 United States Department of State as being within the
548548 15 scope of the functions of such officer;
549549 16 (2) any official of a foreign government, if such
550550 17 government is recognized by the United States, who is not
551551 18 a public-relations counsel, publicity agent,
552552 19 information-service employee, or a citizen of the United
553553 20 States, whose name and status and the character of whose
554554 21 duties as such official are of public record in the United
555555 22 States Department of State, while the official is engaged
556556 23 exclusively in activities which are recognized by the
557557 24 Department of State as being within the scope of the
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568568 1 functions of such official;
569569 2 (3) any member of the staff of, or any person employed
570570 3 by, a duly accredited diplomatic or consular officer of a
571571 4 foreign government who is so recognized by the United
572572 5 States Department of State, other than a public-relations
573573 6 counsel, publicity agent, or information-service employee,
574574 7 whose name and status and the character of whose duties as
575575 8 such member or employee are of public record in the United
576576 9 States Department of State, while said member or employee
577577 10 is engaged exclusively in the performance of activities
578578 11 which are recognized by the United States Department of
579579 12 State as being within the scope of the functions of such
580580 13 member or employee; and
581581 14 (4) any person qualified to practice law in this
582582 15 State, insofar as the person engages or agrees to engage
583583 16 in the legal representation of a disclosed foreign
584584 17 principal from a country of concern before any State court
585585 18 of law or any agency of the government of the State or a
586586 19 unit of local government; provided, that for the purposes
587587 20 of this Act legal representation does not include attempts
588588 21 to influence or persuade agency personnel or officials
589589 22 other than in the course of judicial proceedings, criminal
590590 23 or civil law enforcement inquiries, investigations, or
591591 24 proceedings, or agency proceedings required by statute or
592592 25 rule to be conducted on the record.
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603603 1 Section 30. Filing and labeling of informational
604604 2 materials.
605605 3 (a) Every person within this State who is an agent of a
606606 4 foreign principal from a country of concern and who is
607607 5 required to register under the provisions of this Act and who
608608 6 transmits or causes to be transmitted in the United States
609609 7 mails or by any means or instrumentality of interstate or
610610 8 foreign commerce any informational materials for or in the
611611 9 interests of such foreign principal from a country of concern
612612 10 (i) in the form of prints, or (ii) in any other form which is
613613 11 reasonably adapted to being, or which the person believes will
614614 12 be, or which the person intends to be, disseminated or
615615 13 circulated among 2 or more persons shall, not later than 48
616616 14 hours after the beginning of the transmittal thereof, file
617617 15 with the Attorney General 2 copies thereof.
618618 16 (b) It is unlawful for any person within the United States
619619 17 who is an agent of a foreign principal from a country of
620620 18 concern and required to register under the provisions of this
621621 19 Act to transmit or cause to be transmitted in the United States
622622 20 mails or by any means or instrumentality of interstate or
623623 21 foreign commerce any informational materials for or in the
624624 22 interests of such foreign principal from a country of concern
625625 23 without placing in such informational materials a conspicuous
626626 24 statement that the materials are distributed by the agent on
627627 25 behalf of the foreign principal from a country of concern, and
628628 26 that additional information is on file with the Attorney
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639639 1 General. The Attorney General may by rule define what
640640 2 constitutes a conspicuous statement for the purposes of this
641641 3 Section.
642642 4 (c) The copies of informational materials required by this
643643 5 Section to be filed with the Attorney General shall be
644644 6 available for public inspection under such rules as Attorney
645645 7 General may prescribe.
646646 8 (d) It is unlawful for any person within this State who is
647647 9 an agent of a foreign principal from a country of concern
648648 10 required to register under the provisions of this Act to
649649 11 transmit, convey, or otherwise furnish to any agency or
650650 12 official of the government of this State (including a member
651651 13 or committee of either House of the General Assembly or a
652652 14 member or committee of a unit of local government) for or in
653653 15 the interests of such foreign principal from a country of
654654 16 concern any political propaganda or to request from any such
655655 17 agency or official for or in the interests of such foreign
656656 18 principal from a country of concern any information or advice
657657 19 with respect to any matter pertaining to the political or
658658 20 public interests, policies or relations of a foreign country
659659 21 of concern or of a political party from a country of concern or
660660 22 pertaining to the foreign or domestic policies of the United
661661 23 States or this State unless the propaganda or the request is
662662 24 prefaced or accompanied by a true and accurate statement to
663663 25 the effect that such person is registered as an agent of such
664664 26 foreign principal from a country of concern under this Act.
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675675 1 (e) Whenever any agent of a foreign principal from a
676676 2 country of concern required to register under this Section
677677 3 appears before any committee of the General Assembly or a unit
678678 4 of local government to testify for or in the interests of such
679679 5 foreign principal from a country of concern, the agent shall,
680680 6 at the time of such appearance, furnish the committee with a
681681 7 copy of his most recent registration statement filed with the
682682 8 Attorney General as an agent of such foreign principal from a
683683 9 country of concern for inclusion in the records of the
684684 10 committee as part of the agent's testimony.
685685 11 Section 35. Maintenance of books and records. Every agent
686686 12 of a foreign principal from a country of concern registered
687687 13 under this Act shall keep and preserve while the person is an
688688 14 agent of a foreign principal from a country of concern such
689689 15 books of account and other records with respect to all his
690690 16 activities, the disclosure of which is required under the
691691 17 provisions of this Act, in accordance with such business and
692692 18 accounting practices, as the Attorney General, having due
693693 19 regard for the national security and the public interest, may
694694 20 by rule prescribe as necessary or appropriate for the
695695 21 enforcement of the provisions of this Act and shall preserve
696696 22 the same for a period of 3 years following the termination of
697697 23 such status. Until rules are in effect under this Section
698698 24 every agent of a foreign principal from a country of concern
699699 25 shall keep books of account and shall preserve all written
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710710 1 records with respect to his activities. Such books and records
711711 2 shall be open at all reasonable times to the inspection of any
712712 3 official charged with the enforcement of this Act. It shall be
713713 4 unlawful for any person knowingly to conceal, destroy,
714714 5 obliterate, mutilate, or falsify, or to attempt to conceal,
715715 6 destroy, obliterate, mutilate, or falsify, or to cause to be
716716 7 concealed, destroyed, obliterated, mutilated, or falsified,
717717 8 any books or records required to be kept under the provisions
718718 9 of this Act.
719719 10 Section 40. Public transparency and examination of
720720 11 official records.
721721 12 (a) The Attorney General shall retain in permanent form
722722 13 one copy of all registration statements furnished under this
723723 14 Act, and the same shall be public records and open to public
724724 15 examination and inspection at such reasonable hours, under
725725 16 such rules, as the Attorney General may prescribe, and copies
726726 17 of the same shall be furnished to every applicant at such
727727 18 reasonable fee as the Attorney General may prescribe.
728728 19 (b) The Attorney General shall, promptly upon receipt,
729729 20 transmit one copy of every registration statement filed
730730 21 hereunder and one copy of every amendment or supplement
731731 22 thereto filed hereunder, to the United States Secretary of
732732 23 State for such comment and use as the United States Secretary
733733 24 of State may determine to be appropriate from the point of view
734734 25 of the foreign relations of the United States. Failure of the
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745745 1 Attorney General so to transmit such copy shall not be a bar to
746746 2 prosecution under this Act.
747747 3 (c) The Attorney General is authorized to furnish to
748748 4 departments and agencies in the executive branch and
749749 5 committees of the General Assembly such information obtained
750750 6 by the Attorney General in the administration of this Act,
751751 7 including the names of registrants under this Act, copies of
752752 8 registration statements, or parts thereof, or other documents
753753 9 or information filed under this Act, as may be appropriate in
754754 10 the light of the purposes of this Act.
755755 11 (d) The Attorney General shall every 6 months report to
756756 12 the General Assembly concerning administration of this Act,
757757 13 including registrations filed pursuant to this Act, and the
758758 14 nature, sources and content of political propaganda
759759 15 disseminated and distributed.
760760 16 (e) The Attorney General shall every month report on a web
761761 17 portal administered by the Attorney General concerning
762762 18 administration of this Act, including registrations filed
763763 19 pursuant to this Act, and the nature, sources and content of
764764 20 political propaganda disseminated and distributed.
765765 21 Section 45. Liability of officers. Each officer, or person
766766 22 performing the functions of an officer, and each director, or
767767 23 person performing the functions of a director, of an agent of a
768768 24 foreign principal from a country of concern which is not an
769769 25 individual shall be under obligation to cause such agent to
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780780 1 execute and file a registration statement and supplements
781781 2 thereto as and when such filing is required under subsections
782782 3 (a) and (b) of Section 15 or of Section 20 and shall also be
783783 4 under obligation to cause such agent to comply with all the
784784 5 requirements of Sections 30 and 35 and all other requirements
785785 6 of this Act. Dissolution of any organization acting as an
786786 7 agent of a foreign principal from a country of concern shall
787787 8 not relieve any officer, or person performing the functions of
788788 9 an officer, or any director, or person performing the
789789 10 functions of a director, from complying with the provisions of
790790 11 this Section. In case of failure of any such agent of a foreign
791791 12 principal from a country of concern to comply with any of the
792792 13 requirements of this Act, each of its officers, or persons
793793 14 performing the functions of officers, and each of its
794794 15 directors, or persons performing the functions of directors,
795795 16 shall be subject to prosecution therefore.
796796 17 Section 50. Enforcement and penalties.
797797 18 (a) A person is guilty of a Class 3 felony and shall, in
798798 19 addition to a term of imprisonment, upon conviction thereof,
799799 20 may be fined not more than $100,000 if the person:
800800 21 (1) knowingly violates any provision of this Act or
801801 22 any rule thereunder; or
802802 23 (2) in any registration statement or supplement
803803 24 thereto or in any other document filed with or furnished
804804 25 to the Attorney General under the provisions of this Act
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815815 1 knowingly makes a false statement of a material fact or
816816 2 knowingly omits any material fact required to be stated
817817 3 therein or knowingly omits a material fact or a copy of a
818818 4 material document necessary to make the statements therein
819819 5 and the copies of documents furnished therewith not
820820 6 misleading.
821821 7 (a-1) A person who violates Section 30 or subsection (g)
822822 8 of this Section is guilty of a Class A misdemeanor for which a
823823 9 fine of not more than $50,000 may be imposed.
824824 10 (b) Any person who is a student, faculty member,
825825 11 researcher, adjunct, or otherwise employed or associated with
826826 12 a university in this State who:
827827 13 (1) knowingly violates any provision of this Act or
828828 14 any rule thereunder; or
829829 15 (2) in any registration statement or supplement
830830 16 thereto or in any other document filed with or furnished
831831 17 to the Attorney General under the provisions of this
832832 18 subsection knowingly makes a false statement of a material
833833 19 fact or knowingly omits any material fact required to be
834834 20 stated therein or knowingly omits a material fact or a
835835 21 copy of a material document necessary to make the
836836 22 statements therein and the copies of documents furnished
837837 23 therewith not misleading,
838838 24 shall, upon conviction thereof, be expelled or dismissed from
839839 25 any role with an institution of higher education in this State
840840 26 and shall be prohibited from entering any campus in this
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851851 1 State.
852852 2 Each institution of higher education in this State shall
853853 3 adopt a policy for expulsion or dismissal of individuals found
854854 4 in violation of this Act.
855855 5 (c) In any proceeding under this Act in which it is charged
856856 6 that a person is an agent of a foreign principal from a country
857857 7 of concern with respect to a foreign principal outside of the
858858 8 United States, proof of the specific identity of the foreign
859859 9 principal from a country of concern shall be permissible but
860860 10 not necessary.
861861 11 (d) Any alien who shall be convicted of a violation of, or
862862 12 a conspiracy to violate, any provision of this Act or any rule
863863 13 thereunder shall be subject to referral to the United States
864864 14 Department of Justice for removal pursuant to Chapter 4 of
865865 15 Title II of the Immigration and Nationality Act.
866866 16 (e) Failure to file any such registration statement or
867867 17 supplements thereto as is required by either subsection (a) or
868868 18 (b) of Section 15 shall be considered a continuing offense for
869869 19 as long as such failure exists, notwithstanding any statute of
870870 20 limitation or other statute to the contrary.
871871 21 (f) Whenever in the judgment of the Attorney General any
872872 22 person is engaged in or about to engage in any acts which
873873 23 constitute or will constitute a violation of any provision of
874874 24 this Act, or rules issued thereunder, or whenever any agent of
875875 25 a foreign principal from a country of concern fails to comply
876876 26 with any of the provisions of this Act or the rules issued
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887887 1 thereunder, or otherwise is in violation of the Act, the
888888 2 Attorney General may make application to the appropriate state
889889 3 court for an order enjoining such acts or enjoining such
890890 4 person from continuing to act as an agent of such foreign
891891 5 principal from a country of concern, or for an order requiring
892892 6 compliance with any appropriate provision of the Act or rule
893893 7 thereunder. The circuit court shall have jurisdiction and
894894 8 authority to issue a temporary or permanent injunction,
895895 9 restraining order, or such other order which it may deem
896896 10 proper.
897897 11 (g) If the Attorney General determines that a registration
898898 12 statement does not comply with the requirements of this Act or
899899 13 the rules issued thereunder, the Attorney General shall so
900900 14 notify the registrant in writing, specifying in what respects
901901 15 the statement is deficient. It shall be unlawful for any
902902 16 person to act as an agent of a foreign principal from a country
903903 17 of concern at any time 10 days or more after receipt of such
904904 18 notification without filing an amended registration statement
905905 19 in full compliance with the requirements of this Act and the
906906 20 rules issued thereunder.
907907 21 (h) It is unlawful for any agent of a foreign principal
908908 22 from a country of concern required to register under this Act
909909 23 to be a party to any contract, agreement, or understanding,
910910 24 either express or implied, with such foreign principal from a
911911 25 country of concern pursuant to which the amount or payment of
912912 26 the compensation, fee, or other remuneration of such agent is
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923923 1 contingent in whole or in part upon the success of any
924924 2 political activities carried on by such agent.
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