Amends TCA Title 3; Title 4; Title 8; Title 48; Title 61 and Title 62.

As described below, this bill requires an individual or legal entity ("person") acting as an agent of a foreign principal from the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, the Syrian Arab Republic, or another entity or country so deemed by the governor in consultation with the attorney general ("country of concern") to file a registration statement with the attorney general. As used in this bill, an "agent of a foreign principal" is described as follows:<br /> <br /> (1) Means a person who acts as an agent, representative, employee, or servant, or a person who acts in another capacity at the order, request, or under the direction or control of a foreign principal or of a person 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 another person (i) engages within this state in political activities for or in the interests of such foreign principal; (ii) acts within this state as a public relations counsel, publicity agent, information service employee, or political consultant for or in the interest of such foreign principal; (iii) within this state solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of such foreign principal; or (iv) within this state represents the interests of such foreign principal before an agency or official of this state or a local government of this state; <br /> <br /> (2) Means a person who agrees, consents, assumes, or purports to act as, or who is or holds the person out to be, whether or not pursuant to a contractual relationship, an agent of a foreign principal; and<br /> <br /> (3) Does not mean a news or press service or association organized under the laws of the United States or of another state or territory subject to the jurisdiction of the United States, or a newspaper, magazine, periodical, or other publication solely by virtue of bona fide news or journalistic activities, including the solicitation or acceptance of advertisements, subscriptions, or other compensation therefor, so long as it is at least 80 percent beneficially owned by, and its officers and directors, if any, are, citizens of the United States, and such news or press service or association, newspaper, magazine, periodical, or other publication, is not owned, directed, supervised, controlled, subsidized, or financed, and none of its policies are determined by, a foreign principal or an agent of a foreign principal required to register under this bill.<br /> <br /> As used in this bill, "foreign principal" means the following:<br /> <br /> (A) The government of a foreign country or the governing body of a foreign political party; <br /> <br /> (B) A person outside of the United States, unless it is established that such person is an individual and a citizen of and domiciled within the United States, or that such person is not an individual and is organized under or created by the laws of the United States or of another state or territory subject to the jurisdiction of the United States and that has its principal place of business located within the United States; <br /> <br /> (C) A partnership, association, corporation, organization, or other combination of individuals organized under the laws of or having its principal place of business located in a foreign country; or<br /> <br /> (D) A partnership, association, corporation, organization, or other combination of individuals that is at least 20 percent beneficially owned by a partnership, association, corporation, organization, or other combination of individuals organized under the laws of or having its principal place of business located in a foreign country.<br /> <br /> REQUIREMENTS TO REGISTER<br /> <br /> This bill generally prohibits a person from acting as an agent of a foreign principal from a country of concern unless the person has filed with the attorney general a true and complete registration statement and supplements thereto as required by this bill. Every person who becomes an agent of a foreign principal from a country of concern generally, within 10 days thereafter, must file with the attorney general, in duplicate, a registration statement under oath on a form promulgated by the attorney general. The obligation of an agent of a foreign principal from a country of concern to file a registration statement, after the tenth day of becoming such an agent, continues from day to day, and termination of such status does not relieve such agent from the obligation to file a registration statement for the period during which the person was an agent of a foreign principal from a country of concern.<br /> <br /> This bill requires the registration statement to include the following, which must be regarded as material for the purposes of this provision:<br /> <br /> (1) Registrant's name, principal business address, and all other business addresses in the United States or elsewhere, and all residential addresses, if any;<br /> <br /> (2) Status of the registrant;<br /> <br /> (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 each, the name and address of every foreign principal from a country of concern for whom the registrant is acting, assuming, or purporting to act or has agreed to act, the character of the business or other activities of every such foreign principal from a country of concern, and, if such foreign principal from a country of concern be other than a natural person, a statement of the ownership and control of each, and the extent 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 a government of a foreign country or foreign political party, or by another foreign principal from a country of concern;<br /> <br /> (4) Copies of each written agreement and the terms and conditions of each oral agreement, including all modifications to 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 concern, a comprehensive statement of the nature and method of performance of each such contract, and of the existing and proposed activity or activities engaged in or to be engaged in by the registrant as an agent of a foreign principal from a country of concern for each such foreign principal from a country of concern, including a detailed statement of such activity which is a political activity;<br /> <br /> (5) The nature and amount of contributions, income, money, or thing of value that the registrant has received within the preceding 180 days from each foreign principal from a country of concern, either as compensation or for disbursement or otherwise, and the form and time of each such payment and from whom the payment was received;<br /> <br /> (6) A detailed statement of each activity that the registrant is performing, assuming, purporting, or has agreed to perform for himself or another person other than a foreign principal from a country of concern and that requires registration hereunder, including a detailed statement of activity that is a political activity;<br /> <br /> (7) If the registrant is an individual, the nationality of each person other than a foreign principal from a country of concern for whom the registrant is acting, assuming, or purporting to act or has agreed to act under such circumstances as require registration hereunder, the extent to which each such person is supervised, directed, owned, controlled, financed, or subsidized, in whole or in part, by a government of a foreign country or foreign political party or by a foreign principal from a country of concern, and the nature and amount of contributions, income, money, or thing of value that the registrant has received during the preceding 180 days from each such person in connection with the activities referred to in (6) above, either as compensation or for disbursement or otherwise, and the form and time of each such payment and from whom the payment was received;<br /> <br /> (8) A detailed statement of the money and other things of value spent or disposed of by the registrant during the preceding 180 days in furtherance of or in connection with activities that require registration hereunder and that have been undertaken by the registrant either as an agent of a foreign principal from a country of concern or for the registrant or another person or in connection with activities relating to the registrant becoming an agent of such principal from a country of concern, and a detailed statement of contributions of money or other things of value made by the registrant during the preceding 180 days in connection with an election to a political office or in connection with a primary election, convention, or caucus held to select candidates for political office;<br /> <br /> (9) Copies of each written agreement and the terms and conditions of each oral agreement or, where no contract exists, a full statement of all the circumstances, by reason of which the registrant is performing, assuming, purporting, or has agreed to perform for the registrant, a foreign principal from a country of concern, or for a person other than a foreign principal from a country of concern activities that require registration;<br /> <br /> (10) Such other statements, information, or documents pertinent to the purposes of this bill as the attorney general, having due regard for the national security and the public interest, may from time to time require; and<br /> <br /> (11) Such further statements and such further copies of documents as are necessary to make the statements made in the registration statement and supplements thereto, and copies of documents furnished therewith that are true and correct.<br /> <br /> This bill requires each agent of a foreign principal from a country of concern that has filed a registration statement to, within 30 days after the expiration of each period of six months succeeding such filing, file with the attorney general a supplement under oath, on a form promulgated by the attorney general, which must set forth with respect to such preceding six-month period such facts as the attorney general, having due regard for the national security and the public interest, may deem necessary to make the information required under this bill accurate, complete, and current with respect to such period. In connection with the information furnished under the above provisions (3), (4), (6), and (9), the registrant is required to give notice to the attorney general of all changes therein within 10 days after such changes occur. If the 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 bill, then the attorney general may, in a particular case, require supplements to the registration statement to be filed at more frequent intervals with respect to all or particular items of information to be furnished.<br /> <br /> This bill requires the registration statement and supplements to be executed under oath if the registrant (i) is an individual, by the registrant; (ii) is a partnership, by the majority of the members thereof; and (iii) is a person other than an individual or a partnership, by a majority of the officers 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.<br /> <br /> This bill provides that the fact that a registration statement or supplement has been filed does not automatically deem that the registrant is in full compliance with this bill. Such filing does not indicate that the attorney general has passed upon the merits of such registration statement or supplement thereto. Such filing does not preclude prosecution, as provided for in this bill, for willful failure to file a registration statement or supplement thereto when due or for the willful submission of a false statement of a material fact therein, the willful omission of a material fact required to be stated therein, or the willful omission of a material fact or 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, true and correct.<br /> <br /> This bill authorizes the attorney general, in order to eliminate inappropriate duplication, to permit the incorporation by reference in the registration statement or supplements of information or documents previously filed by such agent of a foreign principal from a country of concern under this bill if an agent of a foreign principal from a country of concern has previously registered with the attorney general under this bill.<br /> <br /> RETROACTIVE TRANSPARENCY<br /> <br /> This bill requires a person who acted as an agent of a foreign principal from a country of concern during the period from January 1, 2014, until July 1, 2024, to file with the attorney general a true and complete retroactive registration statement and supplements.<br /> <br /> EXEMPTIONS<br /> <br /> This bill provides that the above provisions do not apply to the following agents of foreign principals:<br /> <br /> (1) A duly accredited diplomatic or consular officer of a foreign government who is so recognized by the U.S. department of state, while the officer is engaged exclusively in activities that are recognized by the U.S. department of state as being within the scope of the functions of the officer;<br /> <br /> (2) An official of a foreign government, if such government is recognized by the United States, who is not a public relations counsel, publicity agent, information service employee, or a U.S. citizen, whose name and status and the character of whose duties as such official are of public record within the U.S. department of state, while the official is engaged exclusively in activities that are recognized by the U.S. department of state as being within the scope of the functions of the official;<br /> <br /> (3) A member of the staff of, or a person employed by, a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the U.S. department of state, other than a public relations counsel, publicity agent, or information service employee, whose name and status and the character of whose duties as such member or employee are of public record within the U.S. department of state, while said member or employee is engaged exclusively in the performance of activities that are recognized by the U.S. department of state as being within the scope of the functions of such member or employee;<br /> <br /> (4) A person qualified to practice law in this state, insofar as the person engages or agrees to engage in the legal representation of a disclosed foreign principal from a country of concern before a state court or an agency or department of this state or a local government of this state; however, legal representation does not include attempts to influence or persuade agency or department personnel or officials other than in the course of judicial proceedings, criminal or civil law enforcement inquiries, investigations, or proceedings, or agency or department proceedings required by statute or rule to be conducted on the record.<br /> <br /> FILING AND LABELING OF INFORMATIONAL MATERIAL<br /> <br /> This bill requires each person within this state who is an agent of a foreign principal from a country of concern and that is required to register under this bill and that transmits or causes to be transmitted in the United States by mail or by other means or instrumentalities of interstate or foreign commerce informational materials for or in the interests of such foreign principal from a country of concern in the form of prints or in a form that is reasonably adapted to being, or which the person believes will be, or that the person intends to be, disseminated or circulated among two or more persons to, not later than 48 hours after the beginning of the transmittal thereof, file with the attorney general two copies of such materials.<br /> <br /> This bill provides that it is unlawful for a person within this state who is an agent of a foreign principal from a country of concern and required to register under this bill to transmit or cause to be transmitted in the United States by mail or other means or instrumentalities of interstate or foreign commerce informational materials for or in the interests of such foreign principal from a country of concern without placing in such informational materials a conspicuous statement that the materials are distributed by the agent on behalf of the foreign principal from a country of concern, and that additional information is on file with the attorney general. The attorney general may by rule define what constitutes a conspicuous statement for the purposes of this provision.<br /> <br /> This bill requires the copies of informational materials required to be filed with the attorney general to be available for public inspection in accordance with rules promulgated by the attorney general.<br /> <br /> This bill further provides that it is unlawful for a person within this state who is an agent of a foreign principal from a country of concern required to register under this bill to transmit, convey, or otherwise furnish to an agency, department, or official of this state or local government of this state for or in the interests of such foreign principal from a country of concern political propaganda or to request from such agency, department, or official for or in the interests of such foreign principal from a country of concern information or advice with respect to a matter pertaining to political or public interests, policies, or relations with a foreign country of concern or a political party from a country of concern, or pertaining to the foreign or domestic policies of the United States or this state 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 in accordance with this bill.<br /> <br /> This bill requires that whenever an agent of a foreign principal from a country of concern required to register under this bill appears before a committee of the general assembly or the governing body of a local government to testify for or in the interests of such foreign principal from a country of concern, the agent must, at the time of such appearance, furnish the committee with a copy of the agent's most recent registration statement filed with the attorney general as an agent of a foreign principal from a country of concern for inclusion in the records of the committee or body as part of the agent's testimony.<br /> <br /> MAINTENANCE OF BOOKS AND RECORDS<br /> <br /> This bill requires each agent of a foreign principal from a country of concern registered under this bill to keep and preserve while an agent of a foreign principal from a country of concern such books of account and other records with respect to all of the agent's activities, the disclosure of which is required under this bill, in accordance with such business and accounting practices as the attorney general, having due regard for the national security and the public interest, may by rule prescribe as necessary or appropriate for the enforcement of this bill and to preserve the same for a period of three years following the termination of such status. Until rules are in effect under this bill, each agent of a foreign principal from a country of concern must keep books of account and must preserve all written records with respect to the agent's activities. Such books and records must be open at all reasonable times for inspection by an official charged with the enforcement of this bill. It is unlawful for a person willfully to conceal, destroy, obliterate, mutilate, or falsify, or to attempt to conceal, destroy, obliterate, mutilate, or falsify, or to cause to be concealed, destroyed, obliterated, mutilated, or falsified, books or records required to be kept under this bill.<br /> <br /> PUBLIC TRANSPARENCY AND EXAMINATION OF RECORDS<br /> <br /> This bill requires the attorney general to retain in permanent form one copy of all registration statements furnished under this bill, and the same must be public records and open to public examination and inspection at such reasonable hours in accordance with rules promulgated by the attorney general, and copies of the same must be furnished to each person who makes such a request for a reasonable fee as promulgated by the attorney general by rule.<br /> <br /> Additionally, this bill requires the attorney general to, promptly upon receipt of a registration statement, transmit one copy filed hereunder and one copy of each amendment or supplement thereto filed hereunder, to the U.S. secretary of state for such comment and use as the United States secretary of state may determine to be appropriate for foreign relations of the United States. Failure of the attorney general to transmit such copies is not a bar to prosecution under this bill.<br /> <br /> This bill (i) authorizes the attorney general to furnish to departments and agencies in the executive branch and committees of the general assembly such information obtained by the attorney general in the administration of this bill; (ii) requires the attorney general to, every six months, report to the general assembly concerning the administration of this bill; and (iii) requires the attorney general to, every month, post on a website maintained by the attorney general concerning the administration of this bill.<br /> <br /> OFFICER LIABILITY<br /> <br /> This bill requires each officer, or person performing the functions of an officer, and each director, or person performing the functions of a director, of an agent of a foreign principal from a country of concern that is not an individual to execute and file a registration statement and supplements thereto as and when such filing is required under this bill and must also comply with all the requirements of this bill. Dissolution of an organization acting as an agent of a foreign principal from a country of concern does not permit an officer, or person performing the functions of an officer, or a director, or person performing the functions of a director, from complying with the provisions of this bill. In case of failure of such agent of a foreign principal from a country of concern to comply with the requirements of this bill, each of its officers, or persons performing the functions of officers, and each of its directors, or persons performing the functions of directors, are subject to prosecution therefor.<br /> <br /> ENFORCEMENT<br /> <br /> This bill provides that a person who willfully violates this bill or, in a registration statement, supplement, or other document filed with or furnished to the attorney general under this bill, who willfully makes a false statement of a material fact, willfully omits a material fact required to be stated in such documents, or willfully omits a material fact or a copy of a material document necessary to make such statements, must, upon conviction, be punished by a fine of not more than $100,000 or by imprisonment for not more than five years, or both; however, in the case of a violation filing and labeling requirements or the amount or payment of the compensation, fee, or other remuneration of such agent is contingent in whole or in part upon the success of political activities carried on by such agent, the punishment must be a fine of not more than $50,000 or imprisonment for not more than 12 months, or both.<br /> <br /> This bill provides that in a proceeding under this bill in which it is charged that a person is an agent of a foreign principal from a country of concern, with respect to the foreign principal outside of the United States, proof of the specific identity of the foreign principal from a country of concern is permissible but not necessary.<br /> <br /> This bill provides that an alien who is convicted of a violation of, or a conspiracy to violate, a provision of this bill or a rule promulgated thereunder is subject to referral to the U.S. department of justice for removal pursuant to the federal Immigration and Nationality Act.<br /> <br /> This bill provides that failure to file a registration statement or supplements as required by this bill is considered a continuing offense for as long as such failure exists.<br /> <br /> This bill authorizes the attorney general to make an 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 foreign principal from a country of concern, or for an order requiring compliance with the appropriate provision of this bill or rule promulgated thereunder whenever, in the judgment of the attorney general, a person is engaged in or about to engage in an act that constitutes or will constitute a violation of a provision of this bill, or rules promulgated thereunder, or whenever an agent of a foreign principal from a country of concern fails to comply with this bill or the rules promulgated thereunder, or otherwise is in violation of this bill. The state court has jurisdiction and authority to issue a temporary or permanent injunction, restraining order, or such other order which it may deem proper.<br /> <br /> This bill provides that if the attorney general determines that a registration statement does not comply with this bill, then the attorney general must notify the registrant in writing, specifying in what respects the statement is deficient. It is unlawful for a person to act as an agent of a foreign principal from a country of concern at any time 10 days or more after receipt of such notification without filing an amended registration statement in full compliance with this bill.<br /> <br /> This bill prohibits an agent of a foreign principal from a country of concern required to register under this bill to be a party to a contract, agreement, or understanding, either express or implied, with the foreign principal from a country of concern pursuant to which the amount or payment of the compensation, fee, or other remuneration of such agent is contingent in whole or in part upon the success of political activities carried on by such agent.<br /> <br /> RULEMAKING<br /> <br /> This bill authorizes the attorney general to promulgate rules to effectuate this bill.<br />