§ 2386. — Registration of certain organizations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2386]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 115--TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
Sec. 2386. Registration of certain organizations
(A) For the purposes of this section:
``Attorney General'' means the Attorney General of the United
States;
``Organization'' means any group, club, league, society, committee,
association, political party, or combination of individuals, whether
incorporated or otherwise, but such term shall not include any
corporation, association, community chest, fund, or foundation,
organized and operated exclusively for religious, charitable,
scientific, literary, or educational purposes;
``Political activity'' means any activity the purpose or aim of
which, or one of the purposes or aims of which, is the control by force
or overthrow of the Government of the United States or a political
subdivision thereof, or any State or political subdivision thereof;
An organization is engaged in ``civilian military activity'' if:
(1) it gives instruction to, or prescribes instruction for, its
members in the use of firearms or other weapons or any substitute
therefor, or military or naval science; or
(2) it receives from any other organization or from any
individual instruction in military or naval science; or
(3) it engages in any military or naval maneuvers or activities;
or
(4) it engages, either with or without arms, in drills or
parades of a military or naval character; or
(5) it engages in any other form of organized activity which in
the opinion of the Attorney General constitutes preparation for
military action;
An organization is ``subject to foreign control'' if:
(a) it solicits or accepts financial contributions, loans, or
support of any kind, directly or indirectly, from, or is affiliated
directly or indirectly with, a foreign government or a political
subdivision thereof, or an agent, agency, or instrumentality of a
foreign government or political subdivision thereof, or a political
party in a foreign country, or an international political
organization; or
(b) its policies, or any of them, are determined by or at the
suggestion of, or in collaboration with, a foreign government or
political subdivision thereof, or an agent, agency, or
instrumentality of a foreign government or a political subdivision
thereof, or a political party in a foreign country, or an
international political organization.
(B)(1) The following organizations shall be required to register
with the Attorney General:
Every organization subject to foreign control which engages in
political activity;
Every organization which engages both in civilian military activity
and in political activity;
Every organization subject to foreign control which engages in
civilian military activity; and
Every organization, the purpose or aim of which, or one of the
purposes or aims of which, is the establishment, control, conduct,
seizure, or overthrow of a government or subdivision thereof by the use
of force, violence, military measures, or threats of any one or more of
the foregoing.
Every such organization shall register by filing with the Attorney
General, on such forms and in such detail as the Attorney General may by
rules and regulations prescribe, a registration statement containing the
information and documents prescribed in subsection (B)(3) and shall
within thirty days after the expiration of each period of six months
succeeding the filing of such registration statement, file with the
Attorney General, on such forms and in such detail as the Attorney
General may by rules and regulations prescribe, a supplemental statement
containing such information and documents as may be necessary to make
the information and documents previously filed under this section
accurate and current with respect to such preceding six months' period.
Every statement required to be filed by this section shall be
subscribed, under oath, by all of the officers of the organization.
(2) This section shall not require registration or the filing of any
statement with the Attorney General by:
(a) The armed forces of the United States; or
(b) The organized militia or National Guard of any State, Territory,
District, or possession of the United States; or
(c) Any law-enforcement agency of the United States or of any
Territory, District or possession thereof, or of any State or political
subdivision of a State, or of any agency or instrumentality of one or
more States; or
(d) Any duly established diplomatic mission or consular office of a
foreign government which is so recognized by the Department of State; or
(e) Any nationally recognized organization of persons who are
veterans of the armed forces of the United States, or affiliates of such
organizations.
(3) Every registration statement required to be filed by any
organization shall contain the following information and documents:
(a) The name and post-office address of the organization in the
United States, and the names and addresses of all branches, chapters,
and affiliates of such organization;
(b) The name, address, and nationality of each officer, and of each
person who performs the functions of an officer, of the organization,
and of each branch, chapter, and affiliate of the organization;
(c) The qualifications for membership in the organization;
(d) The existing and proposed aims and purposes of the organization,
and all the means by which these aims or purposes are being attained or
are to be attained;
(e) The address or addresses of meeting places of the organization,
and of each branch, chapter, or affiliate of the organization, and the
times of meetings;
(f) The name and address of each person who has contributed any
money, dues, property, or other thing of value to the organization or to
any branch, chapter, or affiliate of the organization;
(g) A detailed statement of the assets of the organization, and of
each branch, chapter, and affiliate of the organization, the manner in
which such assets were acquired, and a detailed statement of the
liabilities and income of the organization and of each branch, chapter,
and affiliate of the organization;
(h) A detailed description of the activities of the organization,
and of each chapter, branch, and affiliate of the organization;
(i) A description of the uniforms, badges, insignia, or other means
of identification prescribed by the organization, and worn or carried by
its officers or members, or any of such officers or members;
(j) A copy of each book, pamphlet, leaflet, or other publication or
item of written, printed, or graphic matter issued or distributed
directly or indirectly by the organization, or by any chapter, branch,
or affiliate of the organization, or by any of the members of the
organization under its authority or within its knowledge, together with
the name of its author or authors and the name and address of the
publisher;
(k) A description of all firearms or other weapons owned by the
organization, or by any chapter, branch, or affiliate of the
organization, identified by the manufacturer's number thereon;
(l) In case the organization is subject to foreign control, the
manner in which it is so subject;
(m) A copy of the charter, articles of association, constitution,
bylaws, rules, regulations, agreements, resolutions, and all other
instruments relating to the organization, powers, and purposes of the
organization and to the powers of the officers of the organization and
of each chapter, branch, and affiliate of the organization; and
(n) Such other information and documents pertinent to the purposes
of this section as the Attorney General may from time to time require.
All statements filed under this section shall be public records and
open to public examination and inspection at all reasonable hours under
such rules and regulations as the Attorney General may prescribe.
(C) The Attorney General is authorized at any time to make, amend,
and rescind such rules and regulations as may be necessary to carry out
this section, including rules and regulations governing the statements
required to be filed.
(D) Whoever violates any of the provisions of this section shall be
fined under this title or imprisoned not more than five years, or both.
Whoever in a statement filed pursuant to this section willfully
makes any false statement or willfully omits to state any fact which is
required to be stated, or which is necessary to make the statements made
not misleading, shall be fined under this title or imprisoned not more
than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 808; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(I), (L), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 14-17 (Oct. 17, 1940, ch.
897, Secs. 1-4, 54 Stat. 1201-1204).
Section consolidates sections 14-17 of title 18, U.S.C., 1940 ed.,
as subsections (a), (b), (c), and (d), respectively, of this section,
with necessary changes of phraseology and translation of section
references.
Words ``upon conviction'' which preceded ``be subject'' were omitted
as surplusage, as punishment cannot otherwise be imposed.
Amendments
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $10,000'' in penultimate par. and for ``fined not
more than $2,000'' in last par.
Section Referred to in Other Sections
This section is referred to in title 22 section 612; title 50 App.
section 34.
