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ENGROSSED HOUSE
BILL NO. 1150 By: McCall and Lepak of the
House
and
Daniels of the Senate
An Act relating to state government; creating the
Oklahoma Foreign Agents Registra tion Act; providing
legislative intent; defining terms; prescri bing
requirements to register as a foreign agent;
providing certain requirem ents for statement to be
filed; providing exemptions; prescribing requirements
for filing and labeling materials; prescribing method
for the maintenance of records; prescribing
requirements upon the Oklahoma Attorney General;
prescribing liability of officers; pr escribing
enforcement and penalties; prescribing certain rules
and regulations; providing for noncodification;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
A. This act shall be known and may be cited as the "Oklahoma
Foreign Agents Registration Act".
B. The purpose of this act is to provide public transparency
for the political and propaganda activities conducted by agents
representing principals from foreign countries of concern.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13001 of Title 74, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Person" means an individual, partnership, association,
corporation, organization, or any other combination of individuals;
2. "Foreign principal" shall mean:
a. a government of a foreign country and a foreign
political party, or
b. a person outside of the Uni ted States, unless it is
established that such person is an ind ividual and a
citizen of and domiciled within the United St ates, or
that such person is not an individual and is organized
under or created by the laws of the United States or
of any state or other place subject to the
jurisdiction of the United States and has its
principal place of business within the United Stat es,
c. a partnership, association, corporation, organization,
or other combination of persons organized under the
laws of or having it s principal place of business in a
foreign country, or
d. a partnership, association, corporation, organization,
or other combination of persons that is at least
twenty percent (20%) beneficially owned by a
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partnership, association, co rporation, organizati on,
or other combination of persons organized under the
laws of or having its principal place of business in a
foreign country;
3. "Agent of a foreign principal " shall mean:
a. any person who acts as an agent, representative,
employee, or servant, or any person who acts in any
other capacity at the order, request, or under the
direction or control of a foreign principal or of a
person any of whose activities are directly or
indirectly supervised, directed, controlled, financed,
or subsidized in whole or in part by a foreign
principal, and who directly or through any o ther
person:
(1) engages within the State of Oklahoma in political
activities for or in the interests of such
foreign principal,
(2) acts within the State of Oklahoma as a public
relations counsel, publicity agent, information
service employee, or political consultant for or
in the interests of such foreign principal ,
(3) within the State of Oklahoma solicits, collects,
disburses, or dispenses contributions, loans,
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money, or other things of valu e for or in the
interest of such foreign principal, or
(4) within the State of Oklahoma represents the
interests of such foreign p rincipal before any
agency or official of the Government of the State
of Oklahoma or of a local government of the State
of Oklahoma, and
b. any person who agrees, consents, assumes, or purports
to act as, or who is or holds himself or herself out
to be, whether or not purs uant to contractual
relationship, an agent of a foreign principal as
defined in division (1) of subparagraph a of paragraph
3 of this section.
Agent of a foreign principal does not include any news or press
service or association organized under the laws of the United States
or of any state or other place subject to the jurisdiction of the
United States, or any n ewspaper, magazine, periodical, or other
publication for which there is on file with the United States Postal
Service information in compliance with federal law, solely by virtue
of any bona fide news or journalistic activities, includ ing the
solicitation or acceptance of advertisements, subscriptions, or
other compensation therefor, so long as it is at least eighty
percent (80%) beneficially owned by, and its officers and directors,
if any, are citizens of the United States, and such n ews or press
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service or association, newspaper, magazine, periodical, or other
publication, is not owned, directed, supervised, controlled,
subsidized, or financed, and none of its policies are determined by
any foreign principal defined in subsection B of this section, or by
any agent of a foreign principal required to register unde r this
act;
4. "Government of a foreign country " shall mean any person or
group of persons exercising sovereign de facto or de jure political
jurisdiction over any country, oth er than the United States, or over
any part of such country, and includes any subdiv ision of any such
group and any group or agency to which such sovereign de facto or de
jure authority or functions are directly or indirectly delegat ed.
Such term shall include any faction or body of insurgents within a
country assuming to exercise govern mental authority whether such
faction or body of insurgents has or has not been recognized by the
United States;
5. "Foreign political party " shall mean any organization o r any
other combination of individuals in a country other than the United
States, or any unit or branch thereof, having for an aim or purpose,
or which is engaged in any activi ty devoted in whole or in part to,
the establishment, administration, control, o r acquisition of
administration or control, of a government of a foreign country or a
subdivision thereof, or the furtherance or influencing of the
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political or public interest s, policies, or relations of a
government of a foreign country or a subdivision thereof;
6. "Public relations counsel" shall mean any person who engages
directly or indirectly in informing, advising, or in any way
representing a principal in any public relations matter pertaining
to political or public interests, policies, or relatio ns of such
principal;
7. "Publicity agent" shall mean any person who engages direct ly
or indirectly in the publication or dissemination of oral, visual,
graphic, written, or pictorial information or matter of any kind,
including publication by means of ad vertising, books, periodicals,
newspapers, lectures, broadcasts, motion pictures, or otherwise;
8. "Information service employee" shall mean any person who is
engaged in furnishing, disseminating, or publishing accounts,
descriptions, information, or data with respect to the political,
industrial, employment, economic, social, cultural, or other
benefits, advantages, facts, or conditions of any country other than
the United States or of any government of a foreign country or of a
foreign political party or of a partnership, association,
corporation, organization, or other combination of i ndividuals
organized under the laws of, or having its principal place of
business in, a foreign country;
9. "Registration statement " shall mean the registration
statement required to be filed with the Oklahoma Attorney General
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under Section 3 or Section 4 of this act, and any supplements
thereto required to be filed under Section 3 or Section 4 of this
act, and includes all documents and papers required to be filed
therewith or amendatory thereof or supplemental thereto, whether
attached thereto or incorp orated therein by reference;
10. "United States", when used in a geographical sense, means
the fifty States, the District of Columbia, the Territories, the
insular possessions, and all other places now or hereafter subject
to the civil or military jurisdic tion of the United States;
11. "Prints" means newspapers and periodicals, books,
pamphlets, sheet music, visiti ng cards, address cards, printing
proofs, engravings, photog raphs, pictures, drawings, plans, maps,
patterns to be cut out, catalogs, prospectus es, advertisements, and
printed, engraved, lithographed, or autographed notices of various
kinds, and, in genera l, all impressions or reproductions obtained on
paper or other material assimilable to paper, on parchment or on
cardboard, by means of printing , engraving, lithography, autography,
or any other easily recognizable mechanical process, with the
exception of the copying press, stamps with movable or immovable
type, and the typewriter;
12. "Political activities" means any activity that the person
engaging in believes will, or that the person intends to, in any way
influence any agency or official of the Government of the State of
Oklahoma or a local government of the State of Oklahoma, or any
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section of the public within the State of Oklahoma with reference to
formulating, adopting, or changing the domestic or foreign policies
of the United States or of the State of Oklahoma with reference to
the political or public in terests, policies, or relations of a
government of a foreign country or a foreign po litical party;
13. "Political consultant" means any person who engages in
informing or advising any other person with reference to the
policies of the State of Oklahoma or the political or public
interest, policies, or relations of a foreign country or of a
foreign political party;
14. "Country of concern" shall mean any country designated by
the United States Secretary of State as hostile or a Coun try of
Concern (CPC).
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13002 of Title 74, unless there
is created a duplication in numbering, reads as fol lows:
A. No person shall act as an agent of a foreign principal from
a country of concern unless he or she has filed with the Oklahoma
Attorney General a true and complete registration statement and
supplements thereto as required by subse ctions A and B of this
section or unless he or she is exempt from registrati on under the
provisions of this act. Except as hereinafter provided, every
person who becomes an agent of a foreign principal from a country of
concern shall, within ten (10) days thereafter, file with the
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Oklahoma Attorney General, in duplicate, a reg istration statement,
under oath on a form prescribed by the Oklahoma Attorney General.
The obligation of an agent of a foreign principal from a countr y of
concern to file a regi stration statement shall, after the tenth day
of his or her becoming such agent, continue from day to day, and
termination of such status shall not relieve such agen t from his or
her obligation to file a registration statement f or the period
during which he or she was an agent of a foreign principal from a
country of concern. The registration statement shall include the
following, which shall be regarded as material for the purposes of
this subsection:
1. Registrant's name, principal business address, and all other
business addresses in the United States or elsewhere, and all
residence addresses, if any;
2. Status of the registrant; if an individual, nationality; if
a partnership, name, residence addresses, and nationality of e ach
partner and a true and complete copy of its a rticles of
copartnership; if an association, corporation, or ganization, or any
other combination of individuals, the name, residence addresses, and
nationality of each director and officer and of each person
performing the functions of a director or office r and a true and
complete copy of its charter, articles of i ncorporation,
association, constitution, and bylaws, and amendments thereto; a
copy of every other instrument or document and a statement of the
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terms and conditions of every oral agreement relati ng to its
organization, powers, and purposes; and a statemen t of its ownership
and control;
3. A comprehensive statement of the nature of the registrant's
business; a complete list of the registrant's employees and a
statement of the nature of the work of ea ch; the name and address of
every foreign principal from a country of concern for whom the
registrant is acting, assuming or purporting to ac t or has agreed to
act; the character of the business or other activities of every such
foreign principal from a co untry of concern, and, if any such
foreign principal from a country of concern be other than a natural
person, a statement of the ownership a nd control of each; and the
extent, if any, to which each such foreign principal from a country
of concern is supervised, directed, owned, controlled, financed, or
subsidized, in whole or in part, by any government of a foreign
country or foreign political party, or by any other foreign
principal from a country of con cern;
4. Copies of each written agreement and the t erms and
conditions of each oral agreement, including all modifications of
such agreements, or, where no contract exists, a full statement of
all the circumstances, by reason of which the registrant is an agent
of a foreign principal from a country of conc ern; a comprehensive
statement of the nature and method o f performance of each such
contract, and of the existing and proposed activity or ac tivities
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engaged in or to be engaged in by the registrant as ag ent of a
foreign principal from a country of concern for each such foreign
principal from a country of concer n, including a detailed statement
of any such activity which is a political activity ;
5. The nature and amount of contributions, income, money, or
thing of value, if any, that the registrant has rec eived within the
preceding one hundred eighty (180) days from each such foreig n
principal from a country of concern, either as compensation o r for
disbursement or otherwise, and the form and time of each such
payment and from whom such payment was received;
6. A detailed statement of every activity which the registrant
is performing or is assuming or purporting or has agreed to perform
for himself or herself or any other person other than a foreign
principal from a country of concern and which requires his or her
registration hereunder, includin g a detailed statement of any such
activity which is a political activity;
7. The name, business, an d residence addresses, and if an
individual, the nationality, o f any person other than a foreign
principal from a country of concern for whom the registran t is
acting, assuming or purporting to act or has agreed to act under
such circumstances as require d by his or her registration hereunder;
the extent to which each such pe rson is supervised, directed, owned,
controlled, financed, or subsidized, in whole or in part, b y any
government of a foreign country or foreign political party or by any
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other foreign principal from a country of concern; and the nature
and amount of contributions, income, money, or thing of value, i f
any, that the registrant has received during the preceding one
hundred eighty (180) days from each such person in connection with
any of the activities referred to in paragraph 6 of this subsection,
either as compensation or for disbursement or otherwise , and the
form and time of each such payment and fr om whom received;
8. A detailed statement of the money and other things of value
spent or disposed of by the registrant during the preceding one
hundred eighty (180) days in furtherance of or in connectio n with
activities which require his or her registration hereunder and which
have been undertaken by him or her either as an agent of a foreig n
principal from a country of concern or for himself or herself or any
other person or in connection with any activ ities relating to his or
her becoming an agent of such pr incipal from a countr y of concern,
and a detailed statement of any contributions of money or other
things of value made by him or her during the preceding one hundred
eighty (180) days other than contributions the making of which is
prohibited under federal law in connection with an election to any
political office or in connection with a ny primary election,
convention, or caucus held to select candidates f or any political
office;
9. Copies of each written agreement and the terms and
conditions of each oral agreement, including all modifications of
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such agreements, or, where no contract e xists, a full statement of
all the circumstances, by reason of which t he registrant is
performing or assuming or purporting or has agreed to perform for
himself or herself or for a foreign principal from a country of
concern or for any person other than a foreign principal from a
country of concern any activities which requi re his or her
registration hereunder;
10. Such other statements, information, or documents pertinent
to the purposes of this subsection as the Oklahoma Attorney General,
having due regard for the national security and the public interest,
may from time to time require; and
11. Such further statements and such further copies of
documents as are nece ssary to make the statements made in the
registration statement and supplements thereto, a nd the copies of
documents furnished therewith, not misleading.
B. Every agent of a foreign principal from a country of concern
who has filed a registration statemen t required by subsection A of
this section shall, within thirty (30) days after the expira tion of
each period of six (6) months succeeding such filing, file wit h the
Oklahoma Attorney General a supplement thereto under o ath, on a form
prescribed by the Oklahoma Attorney General, which shall set forth
with respect to such preceding six (6) months' period such facts as
the Oklahoma Attorney General, having due regard for the national
security and the public interest, may deem necessary to make the
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information required under this sectio n accurate, complete, and
current with respect to such period. In connection with the
information furnished under paragraphs 3, 4, 6, and 9 of subsection
A of this section, the registrant shall give notice to the Oklahoma
Attorney General of any changes therein within ten (10) days after
such changes occur. If the Oklahoma Attorney General, having due
regard for the national security and the public interest, determines
that it is necessary to carry out the purposes of this act, he or
she may, in any particular case, require supplements to the
registration statement t o be filed at more frequent intervals in
respect to all or particular items of information to be furnished.
C. The registration statement and supplements thereto shall be
executed under oath as follows: If the registrant is an individual,
by him or her; if the registrant is a partnership, by the majority
of the members thereof; if the registrant is a p erson other than an
individual or a partnership, by a majority of the of ficers thereof
or persons performing the functions of officers or by a majority of
the board of directors thereof or persons performing the functions
of directors, if any.
D. The fact that a registration statement or supplement thereto
has been filed shall not necessarily be deemed a full compliance
with this act and the regulations ther eunder on the part of the
registrant; nor shall it indicate that the Oklahoma Attorney General
has in any way passed upon the merits of such registration statement
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or supplement thereto; nor sh all it preclude prosecution, as
provided for in this act, for willful failure to file a registration
statement or supplement thereto when due or for a willful false
statement of a material fact therein or the willful omission of a
material fact required to be stated therein or the willful omission
of a material fact o r copy of a material document necessary to make
the statements made in a registration statement and supplements
thereto, and the copies of documents furnished therewith, not
misleading.
E. If any agent of a foreign principal from a country of
concern, required to register under the provisions of this act, has
previously thereto registered with the Oklahoma Attorney General
under this act, the Oklahoma Attorney General, in order to eliminate
inappropriate duplication, may permit the incorporation by referen ce
in the registration statement or supplements ther eto filed hereunder
of any information or documents previously filed by such agent of a
foreign principal from a country of concern under the provisions of
said section.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13003 of Title 74, unless there
is created a duplication in numbering, reads as follows:
Any person who acted as an agent of a foreign principal from a
country of concern at a ny time after January 1, 2014, and until the
effective date of this act shall file with the Oklahoma Attorney
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General a true and complete retroactive registration statement and
supplements thereto as required under Section 3 of this act.
SECTION 5. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 13004 of Title 74, unless there
is created a duplication in numbering, read s as follows:
The requirements of Sections 3 and 4 of this act shall not apply
to the following agents of foreign princi pals:
1. A duly accredited diplomatic or consular officer of a
foreign government wh o is so recognized by the United States
Department of State, while said officer is engaged exclusively in
activities which are recogniz ed by the United States Department of
State as being within the scope of the functions of such officer;
2. Any official of a foreign governme nt, if such government is
recognized by the United States of America, who is not a public
relations counsel, publi city agent, information service employee, or
a citizen of the United States of America, whose name and status and
the character of whose duties as such official are of public record
in the United States Department of State, while said official is
engaged exclusively in activities which are recognized by the
Department of State as being within the scope of the functions of
such official;
3. Any member of the staff of , or any person employed by, a
duly accredited diplomatic or consular officer of a foreign
government who is so recognized by the United States Depart ment of
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State, other than a public relations counsel, publicity agent, or
information service employee, wh ose name and status and the
character of whose duties as such member or employee are of publ ic
record in the United States Department of State, while said member
or employee is engaged exclusively in the performance of activ ities
which are recognized by th e United States Department of State as
being within the scope of the functions of such membe r or employee;
or
4. Any person qualified to practice law in the State of
Oklahoma, insofar as he or she engages or agrees to engage i n the
legal representation of a discl osed foreign principal from a country
of concern before any state court of law or an y agency of the
Government of the State of Oklahoma or a local government entity,
provided, that for the purposes of this act, legal representation
does not include attempt s to influence or persuade agency personnel
or officials other than in the course of judicial proceedings,
criminal or civil law enforcement inquiries, inves tigations, or
proceedings, or agency proceedings required by s tatute or regulation
to be conducted on the record.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13005 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. Every person within the State of Oklahoma who is an agent of
a foreign principal from a country of concern and who is required to
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register under the provisions of this act and who transmits or
causes to be transmitted in the United States mail or by any means
or instrumentality of interst ate or foreign commer ce any
informational materials for or in the interests of such foreign
principal from a country of concern (i) in the form of prints, or
(ii) in any other form which is reasonably adapted to being, or
which he or she believes will be, or which he or she intends to be,
disseminated or circulated among two or more perso ns shall, not
later than forty-eight (48) hours after the beginning of th e
transmittal thereof, f ile with the Oklahoma Attorney General two
copies thereof.
B. It shall be unlawful for any pers on within the United States
who is an agent of a foreign princi pal from a country of concern and
required to register under the provisio ns of this act to transmit or
cause to be transmitted in the United States mail or by any means or
instrumentality of in terstate or foreign commerce any informational
materials for or in the interests of such foreign principal from a
country of concern wit hout placing in such inform ational materials a
conspicuous statement that the materials are distrib uted by the
agent on behalf of the foreign principal from a country of concern,
and that additional information is on file with the Oklahoma
Attorney General. The Oklahoma Attorney General may define what
constitutes a conspicuous statement for the purpos es of this
section.
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C. The copies of informational materials required by this
section to be filed with the Oklahoma Attorney General shall be
available for public inspection under such regulations as the
Oklahoma Attorney General may prescribe.
D. Under the provisions of thi s act, it shall be unlawful for
any person who is an agent of a foreign principal from a country of
concern within the State of Oklahoma to transmit, convey, or
otherwise furnish to any State of Oklahoma government a gency or
official (including any member or committee of the Oklahoma State
Legislature and/or local government) any political propaganda or to
request from any such agency or official any information or advice
with respect to any matter pertaining to the poli tical or public
interests, policies, relations, or political party that is in the
interests of such foreign principal from a country of concern or
pertaining to the foreign or domestic policies of the United State s
of America or the State of Oklahoma , unless the propaganda or the
request is prefaced or accompanied by a true and accurate statement
to the effect that such person is registered as an agent of a
foreign principal from a country of concern.
E. Whenever any agent of a foreign principal from a country of
concern required to register under this subsection appears before
any committee of the Oklahoma State Legislature or a local
government to testify for or in the interests of such foreign
principal from a country of concer n, he or she shall, at the time of
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such appearance, furnish the committee with a copy of his or her
most recent registration st atement filed with the Oklahoma Attorney
General as an agent of such foreign principal from a c ountry of
concern for inclusion in the records of the committee as part of hi s
or her testimony.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13006 of Title 74, unless there
is created a duplication in numbering, reads as follows:
Every agent of a foreign princip al from a country of concern
registered under this act shall keep and preserve while he or she is
an agent of a foreign principal from a co untry of concern such books
of account and other recor ds with respect to all of his or her
activities, the disclosure of which is required under the provisions
of this act, in accordance with such busi ness and accounting
practices, as the Oklahoma Attorney General, having due regard for
the national security and the public interest, may by regulation
prescribe as necessa ry or appropriate for the enforcement of the
provisions of this act and shall preserve the same for a period of
three years following the term ination of such status. Until
regulations are in effect under this section , every agent of a
foreign principal fr om a country of conce rn shall keep books of
account and shall preserve all writ ten records with respect to his
or her activities. Such books and records shall be open at all
reasonable times to the inspection of any official charged with the
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enforcement of this act. It shall be unlawful for any person
willfully to conceal, destroy, obli terate, mutilate, or falsify, or
to attempt to conceal, de stroy, obliterate, mutilate, or falsify, or
to cause to be concealed, destroyed, obliterated, mutilated, or
falsified, any books or rec ords required to be kept under the
provisions of this act.
SECTION 8. NEW LAW A new section of la w to be codified
in the Oklahoma Statutes as Section 13007 of Title 74, unless there
is created a duplication in n umbering, reads as fo llows:
A. The Oklahoma Attorney General shall retain in perman ent form
one copy of all registration statements furnished under this act,
and the same shall be public records and open to public examination
and inspection at such reasonable hours, under suc h regulations, as
the Oklahoma Attorney General may prescribe, and copies of the same
shall be furnished to every applic ant at such reasonable fee as the
Oklahoma Attorney General may prescribe.
B. The Oklahoma Attorney General shall, promptly upon receip t,
transmit one copy of every registration statement filed here under
and one copy of every amendment or supplemen t thereto filed
hereunder, to the United States Secretary of State for such comment
and use as the United States Secretary of State may determi ne to be
appropriate from the point of view of the foreign rela tions of the
United States. Failure of the Oklahoma Attorney General to transmit
such copy shall not be a bar to prosecution under th is act.
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C. The Oklahoma Attorney General is authorized to furnish to
departments and agencies in the executive branch and committees of
the State Legislature suc h information obtained by him or her in the
administration of this act, including the names of registrants under
this act, copies of registration stateme nts, or parts thereof, or
other documents or information filed under this act, as may be
appropriate in the li ght of the purposes of this act.
D. The Oklahoma Attorney General shall every six (6) months
report to the State Legislature concerning administr ation of this
act, including registrations filed pursuant to th is act, and the
nature, sources, and content of political propaganda disseminated
and distributed.
E. The Oklahoma Attorney General shall every month report on a
web portal administered by the Oklahoma Attorney General concerning
administration of this act, including registrations filed pursuant
to this act, and the nature, sources, and content of political
propaganda disseminated and distributed.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13008 of Title 74, unless there
is created a duplicat ion in numbering, reads as follows:
Each officer, or person performing the functions of an officer,
and each director, or person perfor ming the functions of a director,
of an agent of a foreign principal from a country of concern which
is not an individual shall be under obligation to cause such agent
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to execute and file a registration statement and supplements theret o
as and when such filing is required under subsections A and B of
Section 3 or of Section 4 of this act and shall also be under
obligation to cause such agent to comply with all the requirements
of Section 6 and Section 7 of this act and all other require ments of
this act. Dissolution of any organization acting as an agent of a
foreign principal from a country of concern shall not relieve any
officer, or person performing the functions of an officer, or any
director, or person performing the functions of a director, from
complying with the provisions of this section. In case of failure
of any such agent of a foreign principal from a country of concern
to comply with any of the requirements of this act, each of its
officers, or persons performing the funct ions of officers, and each
of its directors, or persons performing the functions of directors,
shall be subject to prosecution therefor.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13009 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. Any person who:
1. Willfully violates any provision of this act or any
regulation thereunder ; or
2. In any registration statement or supplement thereto or in
any other document filed wit h or furnished to the Oklahoma Attorney
General under the provisions of this subsection willfully makes a
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false statement of a material fact or willfully omits any material
fact required to be stated therein or willfully omits a materi al
fact or a copy of a material document necessary to make the
statements therein and the copies of documents furnished therewith
not misleading, shall, upon conviction thereof, be punished by a
fine of not more than One Hundred Thousand Dollars ($100,000.00) or
by imprisonment for not more than five (5) years, or both, except
that in the case of a violation of Section 6 of this act or of
subsection G of this section, the punishment shall be a fine of not
more than Fifty Thousand Dollars ($50,000.00) or imprisonment for
not more than twelve (12) months, or both.
B. Any person who is a student, faculty member, researcher,
adjunct, or otherwise em ployed or associated with an institution
within The Oklahoma State System of Higher Education who:
1. Willfully violates any provision of this act or any
regulation thereunder; or
2. In any registration statement or supplement thereto or in
any other document filed with or furnished to the Oklahoma Attorney
General under the provisions of this subsection willfully m akes a
false statement of a material fact or willfully omits any material
fact required to be stated therein or willfully om its a material
fact or a copy of a material document necessary to make the
statements therein and the copies of documents furnished therewith
not misleading, shall, upon conviction thereof, be expelled or
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dismissed from any role with an institution of high er education in
Oklahoma and shall be prohibited from entering any campus in this
state.
3. Each institution of higher education in Oklahoma shall adopt
a policy for expulsion or dismissal of individuals found in
violation of this act.
C. In any proceeding under this act in which it is charged that
a person is an agent of a foreign principal from a country of
concern with respect to a foreign principal o utside of the United
States of America, proof of the specific identity of the foreign
principal from a country of c oncern shall be permissible but not
necessary.
D. Any alien who shall be convicted of a violation of, or a
conspiracy to violate, any provis ion of this act or any regulation
thereunder shall be subject to referral to the United States
Department of Justic e for removal pursuant to Chapter 4 of Title II
of the Immigration and Nationality Act (8 U.S.C.A. Section 1221 et
seq.).
E. Failure to file any such registration statement or
supplements thereto as is required by either Section 3A or Section
3B of this act shall be considered a continuing offense for as long
as such failure exists, notwithstanding any statute of limitatio n or
other statute to the contrary.
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F. Whenever in the judgment of the Oklahoma Attorney General,
any person who is engaged in or about to engage in any acts which
constitute or will constitute a violation of any provision of this
act, or regulations issu ed thereunder, or whe never any agent of a
foreign principal from a country of concer n fails to comply with any
of the provisions of this act or the regulations issued thereunder,
or otherwise is in violation of the act, the Oklahoma Attorney
General may make application to the appropriate state court for an
order enjoining such acts or enjoining such person from continuing
to act as an agent of such foreig n principal from a country of
concern, or for an order requiring compliance with any appropriate
provision of the act or regulation thereunder. The state court
shall have jurisdiction and authority to issue a temporary or
permanent injunction, restraining order, or such other order, which
it may deem proper.
G. If the Oklahoma Attorney General determines that a
registration statement does not comply with the requirements of this
act or the regulations issued thereunder, he or she shall so notify
the registrant in writing, s pecifying in what respects the statement
is deficient. It shall be unlawful for any person to act as an
agent of a foreign principal from a country of concern at any time
ten (10) days or more after receipt of such notifi cation without
filing an amended registration statement in full compliance with the
requirements of this act and the regulations issued thereunder.
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H. It shall be unlawful for any agent of a foreign principal
from a country of concern required to register under this act to be
a party to any contract, agreement, or understanding, either express
or implied, with such forei gn principal from a country of concern
pursuant to which the amount or payment of the compensation, fee, or
other remuneration of such age nt is contingent in whole or in pa rt
upon the success of any political activities carried on by such
agent.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 13010 of Title 74, unless there
is created a duplication in numberi ng, reads as follows:
The Oklahoma Attorney General may at any time make, prescribe,
amend, and rescind such forms as he or she may deem necessary to
carry out the provisions of this act.
SECTION 12. This act shall become effective November 1, 2024.
Passed the House of Representatives the 12th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate