§ 951. — Agents of foreign governments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC951]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 45--FOREIGN RELATIONS
Sec. 951. Agents of foreign governments
(a) Whoever, other than a diplomatic or consular officer or attache,
acts in the United States as an agent of a foreign government without
prior notification to the Attorney General if required in subsection
(b), shall be fined under this title or imprisoned not more than ten
years, or both.
(b) The Attorney General shall promulgate rules and regulations
establishing requirements for notification.
(c) The Attorney General shall, upon receipt, promptly transmit one
copy of each notification statement filed under this section to the
Secretary of State for such comment and use as the Secretary of State
may determine to be appropriate from the point of view of the foreign
relations of the United States. Failure of the Attorney General to do so
shall not be a bar to prosecution under this section.
(d) For purposes of this section, the term ``agent of a foreign
government'' means an individual who agrees to operate within the United
States subject to the direction or control of a foreign government or
official, except that such term does not include--
(1) a duly accredited diplomatic or consular officer of a
foreign government, who is so recognized by the Department of State;
(2) any officially and publicly acknowledged and sponsored
official or representative of a foreign government;
(3) any officially and publicly acknowledged and sponsored
member of the staff of, or employee of, an officer, official, or
representative described in paragraph (1) or (2), who is not a
United States citizen; or
(4) any person engaged in a legal commercial transaction.
(e) Notwithstanding paragraph (d)(4), any person engaged in a legal
commercial transaction shall be considered to be an agent of a foreign
government for purposes of this section if--
(1) such person agrees to operate within the United States
subject to the direction or control of a foreign government or
official; and
(2) such person--
(A) is an agent of Cuba or any other country that the
President determines (and so reports to the Congress) poses a
threat to the national security interest of the United States
for purposes of this section, unless the Attorney General, after
consultation with the Secretary of State, determines and so
reports to the Congress that the national security or foreign
policy interests of the United States require that the
provisions of this section do not apply in specific
circumstances to agents of such country; or
(B) has been convicted of, or has entered a plea of nolo
contendere with respect to, any offense under section 792
through 799, 831, or 2381 of this title or under section 11 of
the Export Administration Act of 1979, except that the
provisions of this subsection shall not apply to a person
described in this clause for a period of more than five years
beginning on the date of the conviction or the date of entry of
the plea of nolo contendere, as the case may be.
(June 25, 1948, ch. 645, 62 Stat. 743; Pub. L. 97-462, Sec. 6, Jan. 12,
1983, 96 Stat. 2530; Pub. L. 98-473, title II, Sec. 1209, Oct. 12, 1984,
98 Stat. 2164; Pub. L. 99-569, title VII, Sec. 703, Oct. 27, 1986, 100
Stat. 3205; Pub. L. 103-199, title II, Sec. 202, Dec. 17, 1993, 107
Stat. 2321; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(R), Sept. 13,
1994, 108 Stat. 2148.)
Historical and Revision Notes
Based on section 601 of title 22, U.S.C., 1940 ed., Foreign
Relations and Intercourse (June 15, 1917, ch. 30, title VIII, Sec. 3, 40
Stat. 226; Mar. 28, 1940, ch. 72, Sec. 6, 54 Stat. 80).
Mandatory punishment provision was rephrased in the alternative.
Minor changes in phraseology were made.
References in Text
Section 11 of the Export Administration Act of 1979, referred to in
subsec. (e)(2)(B), is classified to section 2410 of Title 50, Appendix,
War and National Defense.
Amendments
1994--Subsec. (a). Pub. L. 103-322 substituted ``fined under this
title'' for ``fined not more than $75,000''.
1993--Subsec. (e)(2)(A). Pub. L. 103-199 substituted ``Cuba or any
other country that the President determines (and so reports to the
Congress) poses a threat to the national security interest of the United
States for purposes of this section'' for ``the Soviet Union, the German
Democratic Republic, Hungary, Czechoslovakia, Poland, Bulgaria, Romania,
or Cuba''.
1986--Subsec. (e). Pub. L. 99-569 added subsec. (e).
1984--Pub. L. 98-473 designated existing provisions as subsec. (a),
substituted ``Attorney General if required in subsection (b)'' for
``Secretary of State'', and added subsecs. (b) to (d).
1983--Pub. L. 97-462 increased limitation on fines to $75,000 from
$5,000.
Effective Date of 1983 Amendment
Amendment by Pub. L. 97-462 effective 45 days after Jan. 12, 1983,
see section 4 of Pub. L. 97-462, set out as a note under section 2071 of
Title 28, Judiciary and Judicial Procedure.
