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
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
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.
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A BILL FOR
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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
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
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.
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A BILL FOR
New Act
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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
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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
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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
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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
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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
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1 contingent in whole or in part upon the success of any
2 political activities carried on by such agent.
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