| 36 | 64 | | |
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| 37 | 65 | | An Act relating to state government; creating the |
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| 38 | 66 | | Oklahoma Foreign Agents Registration Act; providing |
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| 39 | 67 | | short title; providing legislati ve intent; defining |
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| 40 | 68 | | terms; prescribing requirements to register as a |
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| 41 | 69 | | foreign agent; providing certain requirements for |
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| 42 | 70 | | statement to be filed; providing exemptions; |
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| 43 | 71 | | prescribing requirements for filing and labeling |
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| 44 | 72 | | materials; prescribing method for the maint enance of |
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| 45 | 73 | | records; prescribing requirements upon the Attorney |
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| 46 | 74 | | General; prescribing liability of officers; |
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| 47 | 75 | | prescribing enforcement and penalties; prescribing |
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| 48 | 76 | | certain rules and regulations; providing for |
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| 49 | 77 | | noncodification; providing for codification; and |
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| 50 | 78 | | providing an effective date . |
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| 51 | 79 | | |
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| 52 | 80 | | |
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| 53 | 81 | | |
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| 54 | 82 | | |
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| 55 | 83 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 56 | 84 | | SECTION 1. NEW LAW A new section of law not to be |
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| 57 | 85 | | codified in the Oklahoma Statutes reads as follows: |
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| 58 | 86 | | A. This act shall be known and may be c ited as the “Oklahoma |
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| 59 | 87 | | Foreign Agents Registration Act ”. |
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| 60 | 88 | | B. The purpose of this act is to provide public transparency |
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| 61 | 89 | | for the political and propaganda activities conducted by agents |
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| 62 | 90 | | representing principals from foreign countries of concern. |
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| 93 | 145 | | As used in this act: |
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| 94 | 146 | | 1. “Agent of a foreign principal ” shall mean: |
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| 95 | 147 | | a. any person who acts as an agent, representative, |
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| 96 | 148 | | employee, or servant, or any person who acts in any |
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| 97 | 149 | | other capacity at the order, request, or under the |
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| 98 | 150 | | direction or control of a foreign principal or of a |
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| 99 | 151 | | person any of whose activities are directly or |
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| 100 | 152 | | indirectly supervised, directed, controlled, financed, |
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| 101 | 153 | | or subsidized in whole or in part by a foreign |
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| 102 | 154 | | principal, and who directly or through any other |
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| 103 | 155 | | person: |
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| 104 | 156 | | (1) engages within this state in political activities |
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| 105 | 157 | | for or in the interests of such foreign |
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| 106 | 158 | | principal, |
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| 107 | 159 | | (2) acts within this state as a public relations |
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| 108 | 160 | | counsel, publicity age nt, information service |
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| 109 | 161 | | employee, or political consultant for or in the |
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| 110 | 162 | | interests of such foreign principal, |
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| 111 | 163 | | (3) within this state solicits, collects, disburses, |
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| 112 | 164 | | or dispenses contributions, loans, money, or |
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| 144 | 220 | | political subdivision, agency, or official of |
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| 145 | 221 | | this state, and |
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| 146 | 222 | | b. any person who agrees, consents, assumes, or purports |
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| 147 | 223 | | to act as, or who is or holds himself or herself out |
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| 148 | 224 | | to be, whether or not pursuant to a contractual |
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| 149 | 225 | | relationship, an agent of a foreign principal as |
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| 150 | 226 | | defined in division (1) of subparagraph a of this |
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| 151 | 227 | | paragraph. |
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| 152 | 228 | | Agent of a foreign principal does not include any news or press |
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| 153 | 229 | | service or association organized under the laws of the United States |
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| 154 | 230 | | or of any state or other place subject to the jurisdiction of the |
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| 155 | 231 | | United States, or any newspaper, maga zine, periodical, or other |
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| 156 | 232 | | publication for which there is on file with the Uni ted States Postal |
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| 157 | 233 | | Service information in compliance with federal law, solely by virtue |
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| 158 | 234 | | of any bona fide news or journalistic activities, including the |
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| 159 | 235 | | solicitation or acceptance of advertisements, subscriptions, or |
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| 160 | 236 | | other compensation therefor, as long as it is at least eighty |
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| 161 | 237 | | percent (80%) beneficially owned by, and its officers and directors |
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| 162 | 238 | | are, if any, citizens of the United States, and such news or press |
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| 163 | 239 | | service or association , newspaper, magazine, periodical, or other |
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| 194 | 294 | | by any agent of a foreign principal required to register under this |
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| 195 | 295 | | act; |
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| 196 | 296 | | 2. “Country of particular concern ” shall mean any country |
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| 197 | 297 | | designated by the United States Secretary of State as hostile or a |
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| 198 | 298 | | Country of Particular Concern (CPC); |
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| 199 | 299 | | 3. “Foreign political party ” shall mean any organization or any |
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| 200 | 300 | | other combination of individuals in a country ot her than the United |
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| 201 | 301 | | States, or any unit or branch thereof, having for an aim or purpose, |
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| 202 | 302 | | or which is engaged in any activity devoted in whole or in part to, |
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| 203 | 303 | | the establishment, ad ministration, control, or acquisition of |
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| 204 | 304 | | administration or control of a government of a foreign country or a |
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| 205 | 305 | | subdivision thereof, or the furtherance or influencing of the |
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| 206 | 306 | | political or public interests, policies, or relations of a |
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| 207 | 307 | | government of a foreign co untry or a subdivision thereof; |
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| 208 | 308 | | 4. “Foreign principal” shall mean: |
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| 209 | 309 | | a. a government of a foreign country and a foreign |
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| 210 | 310 | | political party, |
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| 211 | 311 | | b. a person outside of the United States, unless it is |
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| 212 | 312 | | established that such person is an individual and a |
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| 213 | 313 | | citizen of and domiciled within the United States, or |
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| 214 | 314 | | that such person is not an individual and is organized |
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| 244 | 368 | | jurisdiction of the United States and has its |
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| 245 | 369 | | principal place of business within the United States, |
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| 246 | 370 | | c. a partnership, association, corporation , organization, |
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| 247 | 371 | | or other combination of persons organized under the |
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| 248 | 372 | | laws of or having its principal place of business in a |
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| 249 | 373 | | foreign country, or |
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| 250 | 374 | | d. a partnership, association, corp oration, organization, |
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| 251 | 375 | | or other combination of persons that is at least |
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| 252 | 376 | | twenty percent (20%) beneficially owned by a |
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| 253 | 377 | | partnership, association, corporation, organization, |
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| 254 | 378 | | or other combination of persons organized under the |
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| 255 | 379 | | laws of or having its principal pl ace of business in a |
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| 256 | 380 | | foreign country; |
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| 257 | 381 | | 5. “Government of a foreign country ” shall mean any person or |
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| 258 | 382 | | group of persons exercising sovereign de facto or de jure political |
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| 259 | 383 | | jurisdiction over any country, other than the United States, or over |
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| 260 | 384 | | any part of such country, and includes any subdivision of any such |
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| 261 | 385 | | group and any group or agency to which such sovereign de facto or de |
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| 262 | 386 | | jure authority or functions are directly or indirectly delegated. |
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| 263 | 387 | | Such term shall include any faction or body of insurgents within a |
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| 264 | 388 | | country assuming to exercise governmental authority regardless of |
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| 294 | 442 | | 6. “Information service employee ” shall mean any person who is |
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| 295 | 443 | | engaged in furnishing, disseminating, or publ ishing accounts, |
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| 296 | 444 | | descriptions, information, or data with respect to the political, |
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| 297 | 445 | | industrial, employment, economic, social, cultural, or other |
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| 298 | 446 | | benefits, advantages, facts, or conditions of any country other than |
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| 299 | 447 | | the United States or of any government of a foreign country or of a |
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| 300 | 448 | | foreign political party or of a partnership, associat ion, |
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| 301 | 449 | | corporation, organization, or other combination of individuals |
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| 302 | 450 | | organized under the laws of, or having its principal place of |
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| 303 | 451 | | business in, a foreign country; |
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| 304 | 452 | | 7. “Person” means an individual, partnership, association, |
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| 305 | 453 | | corporation, organization, or any other combination of individuals; |
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| 306 | 454 | | 8. “Political activity” means any activity that the person |
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| 307 | 455 | | engaging in believes will, or that the person intends to, in any way |
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| 308 | 456 | | influence this state or any political subdivision, agency, or |
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| 309 | 457 | | official of this state, or any section of the public within this |
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| 310 | 458 | | state with reference to formulating, adopting, or changing the |
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| 311 | 459 | | domestic or foreign policies of the United States or of this state |
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| 312 | 460 | | with reference to the political or public interests, policies, or |
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| 313 | 461 | | relations of a government of a foreign country or a foreign |
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| 314 | 462 | | political party; |
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| 345 | 517 | | policies, or relations of a foreign country or of a foreign |
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| 346 | 518 | | political party; |
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| 347 | 519 | | 10. “Prints” means newspapers and periodicals, books, |
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| 348 | 520 | | pamphlets, sheet music, visiting cards, address cards, printing |
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| 349 | 521 | | proofs, engravings, photographs, pictures, drawings, plans, maps, |
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| 350 | 522 | | patterns to be cut out, catalogs, prospectuses, advertisements, and |
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| 351 | 523 | | printed, engraved, lithographed, or autographed notices of various |
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| 352 | 524 | | kinds, and, in general, all impressions or reproductions obtai ned on |
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| 353 | 525 | | paper or other material assimilable to paper, on parchment or on |
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| 354 | 526 | | cardboard, by means of printing, engraving, lithography, autography, |
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| 355 | 527 | | or any other easily recognizable mechanical process, with the |
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| 356 | 528 | | exception of the copying press, stamps with movable o r immovable |
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| 357 | 529 | | type, and the typewriter; |
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| 358 | 530 | | 11. “Public relations counsel ” shall mean any person who |
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| 359 | 531 | | engages directly or indirectly in informing, advising, or in any way |
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| 360 | 532 | | representing a principal in any public relations matter pertaining |
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| 361 | 533 | | to political or public i nterests, policies, or relations of such |
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| 362 | 534 | | principal; |
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| 363 | 535 | | 12. “Publicity agent” shall mean any person who engages |
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| 364 | 536 | | directly or indirectly in the publication or dissemination of oral, |
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| 365 | 537 | | visual, graphic, written, or pictorial information or matter of any |
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| 396 | 592 | | 13. “Registration statement ” shall mean the registration |
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| 397 | 593 | | statement and any supplements required to be filed with the Attorney |
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| 398 | 594 | | General under Section 3 or 4 of this act and shall include all |
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| 399 | 595 | | documents and papers required to be filed with the statement or |
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| 400 | 596 | | supplements, or amendatory of the statement or supplements, whether |
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| 401 | 597 | | attached or incorporated by reference; and |
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| 402 | 598 | | 14. “United States”, when used in a geographical sense, means |
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| 403 | 599 | | the fifty States, the District of Columbia, and the territories, the |
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| 404 | 600 | | insular possessions, and all other places now or hereafter subject |
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| 405 | 601 | | to the civil or military jurisdiction of the United States. |
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| 406 | 602 | | SECTION 3. NEW LAW A new section of law to be codified |
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| 407 | 603 | | in the Oklahoma Statutes as Section 13002 of Title 74, unless there |
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| 408 | 604 | | is created a duplication in numbering, reads as follows: |
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| 409 | 605 | | A. No person shall act as an agent of a foreign principal from |
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| 410 | 606 | | a country of particular concern unless he or she has filed with the |
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| 411 | 607 | | Attorney General a true and complete registration statement and |
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| 412 | 608 | | supplements as required by this subsection and subsection B of this |
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| 413 | 609 | | section, or unless he or she is exempt from registration unde r the |
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| 414 | 610 | | provisions of this act. Except as provided in this act, every |
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| 415 | 611 | | person who becomes an agent of a foreign principal from a country of |
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| 416 | 612 | | particular concern shall, within ten (10) days thereafter, file with |
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| 447 | 667 | | concern to file a registration statement shall, after the tenth day |
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| 448 | 668 | | of his or her becoming such agent, con tinue from day to day, and |
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| 449 | 669 | | termination of such status shall not relieve such a gent from his or |
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| 450 | 670 | | her obligation to file a registration statement for the period |
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| 451 | 671 | | during which he or she was an agent of a foreign principal from a |
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| 452 | 672 | | country of particular concern. The registration statement shall |
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| 453 | 673 | | include the following, which shall be regarded as material for the |
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| 454 | 674 | | purposes of this subsection: |
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| 455 | 675 | | 1. The registrant’s name, principal business address, and all |
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| 456 | 676 | | other business addresses in the United States or elsewhere, and all |
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| 457 | 677 | | residence addresses, if any; |
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| 458 | 678 | | 2. The status of the registrant; if an indiv idual, nationality; |
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| 459 | 679 | | if a partnership, name, residence addresses, and nationality of each |
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| 460 | 680 | | partner and a true and complete copy of its articles of partnership; |
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| 461 | 681 | | if an association, c orporation, organization, or any other |
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| 462 | 682 | | combination of individuals, the name, residence addresses, and |
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| 463 | 683 | | nationality of each director and officer and of each person |
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| 464 | 684 | | performing the functions of a director or officer and a true and |
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| 465 | 685 | | complete copy of its charter, articles of incorporation, |
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| 466 | 686 | | association, constitution, and bylaws, and amendme nts thereto; a |
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| 467 | 687 | | copy of every other instrument or document and a statement of the |
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| 498 | 742 | | 3. A comprehensive statement of the nature of the registrant ’s |
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| 499 | 743 | | business; a complete list of the registrant ’s employees and a |
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| 500 | 744 | | statement of the nature of the work of each; the name and address of |
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| 501 | 745 | | every foreign principal from a country of particular concern for |
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| 502 | 746 | | whom the registrant is actin g, assuming or purporting to act, or has |
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| 503 | 747 | | agreed to act; the character of the business or other activities of |
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| 504 | 748 | | every such foreign principal from a country of particular concern, |
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| 505 | 749 | | and, if any such foreign principal from a country of particular |
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| 506 | 750 | | concern be other than a natural person, a statement of the ownership |
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| 507 | 751 | | and control of each; and the extent, if any, to which each such |
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| 508 | 752 | | foreign principal from a country of particular concern is |
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| 509 | 753 | | supervised, directed, owned, controlled, financed, or subsidized, in |
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| 510 | 754 | | whole or in part, by any government of a foreign country or foreign |
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| 511 | 755 | | political party, or by any other foreign principal from a country of |
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| 512 | 756 | | particular concern; |
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| 513 | 757 | | 4. Copies of each written agreem ent and the terms and |
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| 514 | 758 | | conditions of each oral agreement, including all modifications of |
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| 515 | 759 | | such agreements, or, where no contract exists, a full statement of |
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| 516 | 760 | | all the circumstances, by reason of which the registrant is an agent |
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| 517 | 761 | | of a foreign principal from a co untry of particular concern; a |
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| 518 | 762 | | comprehensive statement of the nature and metho d of performance of |
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| 549 | 817 | | for each such foreign principal from a country of particular |
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| 550 | 818 | | concern, including a detailed statement of any such activity which |
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| 551 | 819 | | is a political activity; |
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| 552 | 820 | | 5. The nature and number of contributions, income, money, or |
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| 553 | 821 | | thing of value, if any, that the registrant has received within the |
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| 554 | 822 | | preceding one hundred eighty (180) days from each such foreign |
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| 555 | 823 | | principal from a country of particular concern, either as |
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| 556 | 824 | | compensation or for disbursement or otherwise, and the form and time |
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| 557 | 825 | | of each such payment and from whom such payment was received; |
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| 558 | 826 | | 6. A detailed statement of every activity which the registrant |
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| 559 | 827 | | is performing or is assuming or purporting or has agreed to perform |
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| 560 | 828 | | for himself or herself or any other person other than a foreig n |
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| 561 | 829 | | principal from a country of particular concern and which requires |
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| 562 | 830 | | his or her registration under this act, including a detailed |
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| 563 | 831 | | statement of any such activity which is a political activity; |
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| 564 | 832 | | 7. The name, business, and residence addresses, and if an |
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| 565 | 833 | | individual, the nationality, of any person other than a foreign |
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| 566 | 834 | | principal from a country of particular concern for whom the |
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| 567 | 835 | | registrant is acting, assuming or purporting to act, or has agreed |
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| 568 | 836 | | to act under such circumstances as required by his or her |
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| 569 | 837 | | registration under this act; the extent to which each such person is |
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| 600 | 892 | | particular concern; and the nature and amount of contributions, |
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| 601 | 893 | | income, money, or thing of value, if any, that the registrant has |
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| 602 | 894 | | received during the preceding one hundred eighty (180) days from |
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| 603 | 895 | | each such person in connection with any of the activitie s referred |
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| 604 | 896 | | to in paragraph 6 of this subsection, either as compensation or for |
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| 605 | 897 | | disbursement or otherwise, and the form and time of each such |
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| 606 | 898 | | payment and from whom received; |
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| 607 | 899 | | 8. A detailed statement of the money and other things of value |
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| 608 | 900 | | spent or disposed of by the registrant during the preceding one |
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| 609 | 901 | | hundred eighty (180) days in furtherance of or in connection with |
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| 610 | 902 | | activities which require his or her registration under this act and |
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| 611 | 903 | | which have been undertaken by him or her either as an agent of a |
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| 612 | 904 | | foreign principal from a country of particular concern or for |
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| 613 | 905 | | himself or herself or any ot her person or in connection with any |
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| 614 | 906 | | activities relating to his or her becoming an agent of such |
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| 615 | 907 | | principal from a country of particular concern, and a detailed |
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| 616 | 908 | | statement of any contributions of money or other things of value |
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| 617 | 909 | | made by him or her during the preceding one hundred eighty (180) |
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| 618 | 910 | | days other than contributions prohibited under federal law in |
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| 619 | 911 | | connection with an election to any political office or in connection |
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| 651 | 967 | | such agreements, or, where no contract exists, a full statement of |
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| 652 | 968 | | all the circumstances, by reason of which the registrant is |
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| 653 | 969 | | performing or assuming or purporting or has agreed to perform for |
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| 654 | 970 | | himself or herself or for a foreign principal from a country of |
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| 655 | 971 | | particular concern or for any person other tha n a foreign principal |
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| 656 | 972 | | from a country of particular concern any activities whic h require |
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| 657 | 973 | | his or her registration under this act; |
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| 658 | 974 | | 10. Such other statements, information, or documents pertinent |
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| 659 | 975 | | to the purposes of this subsection as the Attorney General, havi ng |
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| 660 | 976 | | due regard for the national security and the public interest, may |
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| 661 | 977 | | require; and |
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| 662 | 978 | | 11. Any further statements and copies of documents necessary to |
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| 663 | 979 | | make the statements made in the registration statement and |
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| 664 | 980 | | supplements, and the copies of accompanying docume nts, not |
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| 665 | 981 | | misleading. |
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| 666 | 982 | | B. Every agent of a foreign principal from a country of |
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| 667 | 983 | | particular concern who has filed a registration statement required |
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| 668 | 984 | | by subsection A of this section shall, within thirty (30) days after |
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| 669 | 985 | | the expiration of each period of six (6) m onths succeeding such |
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| 670 | 986 | | filing, file with the Attorney General a supplement to the statement |
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| 702 | 1042 | | make the information required under this section accurate, complete, |
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| 703 | 1043 | | and current with respect to such period. In connection with the |
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| 704 | 1044 | | information furnished under paragraphs 3, 4, 6, and 9 of subsection |
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| 705 | 1045 | | A of this section, the registrant shall give notice to the Attorney |
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| 706 | 1046 | | General of any changes within ten (10) days after such changes |
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| 707 | 1047 | | occur. If the Attorney General, having due regard for the national |
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| 708 | 1048 | | security and the public interest, determines that it is necessary to |
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| 709 | 1049 | | carry out the purposes of this act, he or she may, in any particular |
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| 710 | 1050 | | case, require supplements to the registration statement to be filed |
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| 711 | 1051 | | at more frequent intervals in respect to all or particular items o f |
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| 712 | 1052 | | information to be furnished. |
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| 713 | 1053 | | C. The registration statement and supplements shall be executed |
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| 714 | 1054 | | under oath as follows: If the registrant is an individual, by him |
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| 715 | 1055 | | or her; if the registrant is a partnership, by the majority of the |
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| 716 | 1056 | | members thereof; if the re gistrant is a person other than an |
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| 717 | 1057 | | individual or a partnership, by a majority of the officers thereof |
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| 718 | 1058 | | or persons performing the functions of officers or by a majority of |
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| 719 | 1059 | | the board of directors thereof or persons performing the functions |
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| 720 | 1060 | | of directors, if any. |
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| 753 | 1117 | | filing shall not preclude prosecution for willful failure to file a |
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| 754 | 1118 | | registration statement or supplement when due, for a willful false |
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| 755 | 1119 | | statement of a material fact or the willful om ission of a material |
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| 756 | 1120 | | fact required to be stated, or the willful omission of a material |
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| 757 | 1121 | | fact or copy of a material document necessary to make the statements |
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| 758 | 1122 | | made in a registration statement and supplements, and the copies of |
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| 759 | 1123 | | accompanying documents, not misl eading. |
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| 760 | 1124 | | E. If an agent of a foreign principal from a country of |
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| 761 | 1125 | | particular concern required to register under the provisions of this |
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| 762 | 1126 | | act has previously registered, the Attorney General, in order to |
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| 763 | 1127 | | eliminate inappropriate duplication, may permit incorpora tion by |
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| 764 | 1128 | | reference in the registration statement or supplements filed under |
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| 765 | 1129 | | this act of any information or documents previously filed by such |
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| 766 | 1130 | | agent of a foreign principal from a country of particular concern |
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| 767 | 1131 | | under the provisions of this section. |
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| 768 | 1132 | | SECTION 4. NEW LAW A new section of law to be codified |
|---|
| 769 | 1133 | | in the Oklahoma Statutes as Section 13003 of Title 74, unless there |
|---|
| 770 | 1134 | | is created a duplication in numbering, reads as follows: |
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| 803 | 1191 | | SECTION 5. NEW LAW A new section of law to be codified |
|---|
| 804 | 1192 | | in the Oklahoma Statutes as Section 13004 of Title 74, unless there |
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| 805 | 1193 | | is created a duplication in numbering, reads as follows: |
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| 806 | 1194 | | The requirements of Sections 3 and 4 of this act shal l not apply |
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| 807 | 1195 | | to the following agents of foreign principals: |
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| 808 | 1196 | | 1. A duly accredited diplomatic or consular officer of a |
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| 809 | 1197 | | foreign government who is so recognized by the United States |
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| 810 | 1198 | | Department of State, while the officer is engaged exclusively in |
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| 811 | 1199 | | activities that are recognized by the United States Department of |
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| 812 | 1200 | | State as being within the scope of the functions of the officer; |
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| 813 | 1201 | | 2. Any official of a foreign government, if such government is |
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| 814 | 1202 | | recognized by the United States, who is not a public relations |
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| 815 | 1203 | | counsel, publicity agent, information service employee, or a citizen |
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| 816 | 1204 | | of the United States, whose name and status and the character of |
|---|
| 817 | 1205 | | whose duties as such official are of public record with the United |
|---|
| 818 | 1206 | | States Department of State, while the official is engaged |
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| 819 | 1207 | | exclusively in activities that are recognized by the Department of |
|---|
| 820 | 1208 | | State as being within the scope of the functions of such official; |
|---|
| 821 | 1260 | | 3. Any member of the staff of, or any person employed by, a |
|---|
| 822 | 1261 | | duly accredited diplomatic or consular officer of a foreign |
|---|
| 823 | 1262 | | government who is so recognized by the United States Department of |
|---|
| 824 | 1263 | | State, other than a public relations counsel, publicity agent, or |
|---|
| 825 | 1264 | | information service employee, whose name and status and the |
|---|
| 826 | 1265 | | character of whose duties as such member or employee are of public |
|---|
| 854 | 1266 | | record in the United States Department of State, while the member or |
|---|
| 855 | 1267 | | employee is engaged exclusively in the performance of activities |
|---|
| 856 | 1268 | | that are recognized by the United States Department of State as |
|---|
| 857 | 1269 | | being within the scope of the functions of such member or emplo yee; |
|---|
| 858 | 1270 | | or |
|---|
| 859 | 1271 | | 4. Any person qualified to practice law in this state, if he or |
|---|
| 860 | 1272 | | she engages or agrees to engage in the legal representation of a |
|---|
| 861 | 1273 | | disclosed foreign principal from a country of particular concern |
|---|
| 862 | 1274 | | before any state court or any agency of this state or an entity of a |
|---|
| 863 | 1275 | | political subdivision of this state; provided, for purposes of this |
|---|
| 864 | 1276 | | act, legal representation does not include attempts to influence or |
|---|
| 865 | 1277 | | persuade agency personnel or officials other than in the course of |
|---|
| 866 | 1278 | | judicial proceedings, criminal or civ il law enforcement inquiries, |
|---|
| 867 | 1279 | | investigations, or proceedings, or agency proceedings required by |
|---|
| 868 | 1280 | | statute or regulation to be conducted on the record. |
|---|
| 869 | 1281 | | SECTION 6. NEW LAW A new section of law to be codified |
|---|
| 870 | 1282 | | in the Oklahoma Statutes as Section 13005 of Title 74, unless there |
|---|
| 871 | 1283 | | is created a duplication in numbering, reads as follows: |
|---|
| 905 | 1341 | | principal from a country of particul ar concern (i) in the form of |
|---|
| 906 | 1342 | | prints, or (ii) in any other form which is reaso nably adapted to |
|---|
| 907 | 1343 | | being, or which he or she believes will be or intends to be, |
|---|
| 908 | 1344 | | disseminated or circulated among two or more persons shall, no later |
|---|
| 909 | 1345 | | than forty-eight (48) hours aft er the beginning of the transmittal, |
|---|
| 910 | 1346 | | file two copies of the materials with the Attorney General. |
|---|
| 911 | 1347 | | B. It shall be unlawful for any person within the United States |
|---|
| 912 | 1348 | | who is an agent of a foreign principal from a country of particular |
|---|
| 913 | 1349 | | concern and required to re gister under the provisions of this act to |
|---|
| 914 | 1350 | | transmit or cause to be transmitted in the United States mail or by |
|---|
| 915 | 1351 | | any means or instrumentality of interstate or foreign commerce any |
|---|
| 916 | 1352 | | informational materials for or in the interests of such foreign |
|---|
| 917 | 1353 | | principal without placing in the informational materials a |
|---|
| 918 | 1354 | | conspicuous statement that the materials are distributed by the |
|---|
| 919 | 1355 | | agent on behalf of the foreign principal and that additional |
|---|
| 920 | 1356 | | information is on file with the Attorney General. The Attorney |
|---|
| 921 | 1357 | | General shall determin e what constitutes a conspicuous statement for |
|---|
| 922 | 1358 | | the purposes of this section. |
|---|
| 956 | 1416 | | particular concern within this state to transmit, convey, or |
|---|
| 957 | 1417 | | otherwise furnish to any government agency or official of this |
|---|
| 958 | 1418 | | state, including any member or committee of the Le gislature or |
|---|
| 959 | 1419 | | governing body of a political subdivision, any political propaganda, |
|---|
| 960 | 1420 | | or to request from any such agency or official any information or |
|---|
| 961 | 1421 | | advice with respect to any mat ter pertaining to the political or |
|---|
| 962 | 1422 | | public interests, policies, relations, or political party that is in |
|---|
| 963 | 1423 | | the interests of the foreign principal from a country of particular |
|---|
| 964 | 1424 | | concern or pertaining to the foreign or domestic policies of the |
|---|
| 965 | 1425 | | United States or this state, unless the propaganda or the request is |
|---|
| 966 | 1426 | | prefaced or accompanied by a true and accurate statement to the |
|---|
| 967 | 1427 | | effect that such person is registered as an agent of a foreign |
|---|
| 968 | 1428 | | principal from a country of particular concern. |
|---|
| 969 | 1429 | | E. Whenever any agent of a for eign principal from a country of |
|---|
| 970 | 1430 | | particular concern required to register under this act appears |
|---|
| 971 | 1431 | | before a committee of the Legislature or a governing body of a |
|---|
| 972 | 1432 | | political subdivision to testify for or in the interests of the |
|---|
| 973 | 1433 | | foreign principal, he or she shal l, at the time of such appearance, |
|---|
| 1005 | 1489 | | SECTION 7. NEW LAW A new section of law to be codified |
|---|
| 1006 | 1490 | | in the Oklahoma Statutes as Section 13006 of Title 74, unless there |
|---|
| 1007 | 1491 | | is created a duplication in numbering, reads as follows: |
|---|
| 1008 | 1492 | | Any agent of a foreign principal from a country of particular |
|---|
| 1009 | 1493 | | concern registered under thi s act shall keep and preserve while an |
|---|
| 1010 | 1494 | | agent of a foreign principal the books of account and other records |
|---|
| 1011 | 1495 | | with respect to all of his or her activities, the disclosure of |
|---|
| 1012 | 1496 | | which is required under the provisions of this act, in accordance |
|---|
| 1013 | 1497 | | with such business and accounting practices, and shall preserve the |
|---|
| 1014 | 1498 | | same for a period of three (3) years following the termination of |
|---|
| 1015 | 1499 | | such status. Until regulations are in effect under this sectio n, |
|---|
| 1016 | 1500 | | any agent of a foreign principal from a country of particular |
|---|
| 1017 | 1501 | | concern shall keep books of account and shall preserve all written |
|---|
| 1018 | 1502 | | records with respect to his or her activities. Such books and |
|---|
| 1019 | 1503 | | records shall be open at all reasonable times to the inspecti on of |
|---|
| 1020 | 1504 | | any official charged with the enforcement of this act. It shall be |
|---|
| 1021 | 1505 | | unlawful for any person to willfully conceal, destroy, obliterate, |
|---|
| 1022 | 1506 | | mutilate, or falsify, or to attempt to conceal, destroy, obliterate, |
|---|
| 1023 | 1507 | | mutilate, or falsify, or to cause to be concea led, destroyed, |
|---|
| 1056 | 1564 | | A. The Attorney General shall retain one copy of all |
|---|
| 1057 | 1565 | | registration statements furnished under this act, and such |
|---|
| 1058 | 1566 | | statements shall be public records and open to public examination |
|---|
| 1059 | 1567 | | and inspection at such reasonable hours as the Attorney General may |
|---|
| 1060 | 1568 | | prescribe. Copies of such statements shall be furnished to every |
|---|
| 1061 | 1569 | | applicant at a reasonable fee prescribed by the Attorney General. |
|---|
| 1062 | 1570 | | B. Upon receipt, the Attorney General shall promptly tr ansmit |
|---|
| 1063 | 1571 | | one copy of any registration statement, amendment, or supplement |
|---|
| 1064 | 1572 | | filed under this act to the United States Secretary of State for |
|---|
| 1065 | 1573 | | comment and use as the Secretary of State determines to be |
|---|
| 1066 | 1574 | | appropriate for the foreign relations of the United States. Failure |
|---|
| 1067 | 1575 | | of the Attorney General to transmit such copy shall not be a bar to |
|---|
| 1068 | 1576 | | prosecution under this act. |
|---|
| 1069 | 1577 | | C. The Attorney General may furnish to departments and agencies |
|---|
| 1070 | 1578 | | in the executive branch and committees of the Legislature any |
|---|
| 1071 | 1579 | | information obtained in the administration of this act, including |
|---|
| 1072 | 1580 | | the names of registrants, copies of registration statements or parts |
|---|
| 1073 | 1581 | | of such statements, or other documents or information filed under |
|---|
| 1074 | 1582 | | this act as may be appropriate. |
|---|
| 1106 | 1638 | | information shall be made available monthly on the website of the |
|---|
| 1107 | 1639 | | Attorney General. |
|---|
| 1108 | 1640 | | SECTION 9. NEW LAW A new section of law to be codified |
|---|
| 1109 | 1641 | | in the Oklahoma Statutes as Section 13008 of Title 74, unless there |
|---|
| 1110 | 1642 | | is created a duplication in numbering, reads as follows: |
|---|
| 1111 | 1643 | | Each officer or director, or person performing the functions of |
|---|
| 1112 | 1644 | | an officer or director, of a n agent of a foreign principal from a |
|---|
| 1113 | 1645 | | country of particular concern which is not an individual shall cause |
|---|
| 1114 | 1646 | | such agent to execute and file a registration statement and |
|---|
| 1115 | 1647 | | supplements when such filing is required under subsections A and B |
|---|
| 1116 | 1648 | | of Section 3 or under Section 4 of this act and shall cause the |
|---|
| 1117 | 1649 | | agent to comply with all other requirements of this act. |
|---|
| 1118 | 1650 | | Dissolution of an organization acting as an agent of a foreign |
|---|
| 1119 | 1651 | | principal from a country of particular concern shall not relieve any |
|---|
| 1120 | 1652 | | officer or director, or person performing the functions of an |
|---|
| 1121 | 1653 | | officer or director, from complying with the provisions of this |
|---|
| 1122 | 1654 | | section. In case of failure of any agent of a foreign principal |
|---|
| 1123 | 1655 | | from a country of particular concern to comply with the requirements |
|---|
| 1124 | 1656 | | of this act, each of its officers or directors, or persons |
|---|
| 1157 | 1713 | | A. Any person who willfully: |
|---|
| 1158 | 1714 | | 1. Violates any provision of this act or any regu lation |
|---|
| 1159 | 1715 | | promulgated pursuant to this act; or |
|---|
| 1160 | 1716 | | 2. In any registration statement, supplement, or other document |
|---|
| 1161 | 1717 | | filed with or furnished to the Attorney General under this act: |
|---|
| 1162 | 1718 | | a. makes a false statement of a material fact, |
|---|
| 1163 | 1719 | | b. omits any material fact required to be stated therein, |
|---|
| 1164 | 1720 | | or |
|---|
| 1165 | 1721 | | c. omits a material fact or a copy of a material docu ment |
|---|
| 1166 | 1722 | | necessary to make such statements or the copy of |
|---|
| 1167 | 1723 | | documents furnished not misleading, |
|---|
| 1168 | 1724 | | shall, upon conviction, be guilty of a felony punishable by a fine |
|---|
| 1169 | 1725 | | not to exceed One Hun dred Thousand Dollars ($100,000.00) or by |
|---|
| 1170 | 1726 | | imprisonment in the custody of the Department of Corrections for a |
|---|
| 1171 | 1727 | | term not to exceed five (5) years, or by both such fine and |
|---|
| 1172 | 1728 | | imprisonment. In the case of a violation of Section 6 of this act |
|---|
| 1173 | 1729 | | or of subsection G o f this section, the punishment shall be a fine |
|---|
| 1174 | 1730 | | not to exceed Fifty Thousand Do llars ($50,000.00) or a term of |
|---|
| 1207 | 1787 | | 1. Violates any provision of this act or any regulation |
|---|
| 1208 | 1788 | | promulgated under such provision; or |
|---|
| 1209 | 1789 | | 2. In any registration statement or supplement or in any other |
|---|
| 1210 | 1790 | | document filed with or furnished to the Attorney General under the |
|---|
| 1211 | 1791 | | provisions of this subsection: |
|---|
| 1212 | 1792 | | a. makes a false statement of a material fact, |
|---|
| 1213 | 1793 | | b. omits any material fact required to be stated therein, |
|---|
| 1214 | 1794 | | or |
|---|
| 1215 | 1795 | | c. omits a material fact or a copy of a material document |
|---|
| 1216 | 1796 | | necessary to make such statements or the copy of |
|---|
| 1217 | 1797 | | documents furnished not misleading, |
|---|
| 1218 | 1798 | | shall, upon conviction, be expelled or dismissed from any role with |
|---|
| 1219 | 1799 | | an institution of higher education in this state and shall be |
|---|
| 1220 | 1800 | | prohibited from entering any campus in this state. |
|---|
| 1221 | 1801 | | C. In any proceeding under this act in which it is charged that |
|---|
| 1222 | 1802 | | a person is an agent of a foreign principal from a country of |
|---|
| 1223 | 1803 | | particular concern with respect to a foreign principal outside of |
|---|
| 1224 | 1804 | | the United States, proof of the specific identity of the foreign |
|---|
| 1258 | 1862 | | of the Immigration and Nationality Act, 8 U.S.C.A., Section 1221 et |
|---|
| 1259 | 1863 | | seq. |
|---|
| 1260 | 1864 | | E. Failure to file any such registration statement or |
|---|
| 1261 | 1865 | | supplements as is required by either subsection A or B of Section 3 |
|---|
| 1262 | 1866 | | of this act shall be considered a continuing offense for as long as |
|---|
| 1263 | 1867 | | such failure exists, notwithstanding any statute of limitation or |
|---|
| 1264 | 1868 | | other statute to the contrar y. |
|---|
| 1265 | 1869 | | F. Whenever in the judgment of the Attorney General, any person |
|---|
| 1266 | 1870 | | who is engaged in or about to engage in any acts which constitute or |
|---|
| 1267 | 1871 | | will constitute a violation of, or fails to comply with, any |
|---|
| 1268 | 1872 | | provision of this act, the Attorney General may make appli cation to |
|---|
| 1269 | 1873 | | the appropriate state court for an order enjoining such acts or |
|---|
| 1270 | 1874 | | enjoining such person from continuing to act as an agent of such |
|---|
| 1271 | 1875 | | foreign principal from a country of particular concern, or for an |
|---|
| 1272 | 1876 | | order requiring compliance with any appropriate pro vision of the |
|---|
| 1273 | 1877 | | act. The state court shall have jurisdiction and authority to i ssue |
|---|
| 1274 | 1878 | | a temporary or permanent injunction, restraining order, or such |
|---|
| 1275 | 1879 | | other order, which it may deem proper. |
|---|
| 1309 | 1937 | | of such notification without filing an amended registration |
|---|
| 1310 | 1938 | | statement in full compliance with the requirements of this act. |
|---|
| 1311 | 1939 | | H. It shall be unlawful for any agent of a foreign principal |
|---|
| 1312 | 1940 | | from a country of particular concern required to register under this |
|---|
| 1313 | 1941 | | act to be a party to any contract, agreement, or understanding, |
|---|
| 1314 | 1942 | | either express or implied, with such foreign principal from a |
|---|
| 1315 | 1943 | | country of particular concern pursuant to which the amount or |
|---|
| 1316 | 1944 | | payment of the compensation, fee, or other remuneration of such |
|---|
| 1317 | 1945 | | agent is contingent in whole or in part upon the success of any |
|---|
| 1318 | 1946 | | political activities carried on by such agent. |
|---|
| 1319 | 1947 | | SECTION 11. NEW LAW A new section of law to be codified |
|---|
| 1320 | 1948 | | in the Oklahoma Statutes as Section 13010 of Title 74, unless there |
|---|
| 1321 | 1949 | | is created a duplication in numbering, reads as follows: |
|---|
| 1322 | 1950 | | The Attorney General shall promulgate rules necessary to |
|---|
| 1323 | 1951 | | effectuate the provisions of this act, and may at any time make, |
|---|
| 1324 | 1952 | | prescribe, amend, and rescind any forms as he or she may deem |
|---|
| 1325 | 1953 | | necessary to effectuate the p rovisions of this act. |
|---|