HOUSE BILL NO. 1351 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BYRNES.
2880H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 27, RSMo, by adding thereto one new section relating to the foreign agents registration act, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 27, RSMo, is amended by adding thereto one new section, to be 2 known as section 27.200, to read as follows: 27.200. 1. This section shall be known and may be cited as the "Foreign Agents 2 Registration Act". 3 2. As used in this section, the following terms mean: 4 (1) "Adversary nation", countries listed in 15 CFR 791.4; 5 (2) "Agent of a foreign principal" shall include: 6 (a) Any person who acts as an agent, representative, employee, or servant or any 7 person who acts in any other capacity at the order, request, or under the direction or 8 control of a foreign principal or of a person whose activities are directly or indirectly 9 supervised, directed, controlled, financed, or subsidized in whole or in part by a foreign 10 principal, and who directly or through any other person: 11 a. Engages within the state of Missouri in political activities for or in the 12 interests of such foreign principal; 13 b. Acts within the state of Missouri as a public relations counsel, publicity agent, 14 information-service employee, or political consultant for or in the interests of such 15 foreign principal;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1351 2
16 c. Within the state of Missouri, solicits, collects, disburses, or dispenses 17 contributions, loans, money, or other things of value for or in the interest of such foreign 18 principal; or 19 d. Within the state of Missouri, represents the interests of such foreign principal 20 before any agency or public official of the state of Missouri or any political subdivision 21 thereof; and 22 (b) Any person who agrees, consents, assumes, or purports to act as, or who is or 23 holds themselves out to be, whether under a contractual relationship, an agent of a 24 foreign principal. 25 26 "Agent of a foreign principal" shall not include any news or press service or association 27 organized under the laws of the United States or of any state or other place subject to 28 the jurisdiction of the United States; any newspaper, magazine, periodical, or any social 29 media websites and applications that enable users to create and share content or to 30 participate in social networking; or other publication for which there is on file with the 31 United States Postal Service information in compliance with Section 3611 of Title 39 32 solely by virtue of any bona fide news or journalistic activities, including the solicitation 33 or acceptance of advertisements, subscriptions, or other compensation, so long as such 34 media is at least eighty percent beneficially owned by, and its officers and directors, if 35 any, are, citizens of the United States and such news or press service or association, 36 newspaper, magazine, periodical, or other publication is not owned, directed, 37 supervised, controlled, subsidized, or financed, and none of its policies are 38 determined, by any foreign principal or by any agent of a foreign principal required 39 to register under this section; 40 (3) "Foreign political party", any organization or any other combination of 41 individuals in a country other than the United States, or any territory subject to the 42 jurisdiction thereof, having for an aim or purpose, or that is engaged in any activity 43 devoted in whole or in part to, the establishment, administration, control, or acquisition 44 of administration or control, of a government of a foreign country or a subdivision 45 thereof, or the furtherance or influencing of the political or public interests, policies, or 46 relations of a government of a foreign country or a subdivision thereof; 47 (4) "Foreign principal" shall include: 48 (a) A government of a foreign country and a foreign political party; 49 (b) A person outside of the United States unless it is established that such person 50 is an individual and a citizen of and domiciled within the United States or that such 51 person is not an individual and is organized under or created by the laws of the United HB 1351 3
52 States or of any state or other place subject to the jurisdiction of the United States and 53 has its principal place of business within the United States; 54 (c) A partnership, association, corporation, organization, or other combination 55 of persons organized under the laws of or having its principal place of business in a 56 foreign country; 57 (d) A partnership, association, corporation, organization, or other combination 58 of persons that is at least twenty percent beneficially owned by a partnership, 59 association, corporation, organization, or other combination of persons organized under 60 the laws of or having its principal place of business in a foreign country; or 61 (e) A foreign terrorist organization; 62 (5) "Foreign terrorist organization", any organization that appears on the 63 United States Department of State's list of Designated Foreign Terrorist Organizations; 64 (6) "Government of a foreign country", any person or group of persons 65 exercising sovereign de facto or de jure political jurisdiction over any country other 66 than the United States or over any part of such country, inclduing any subdivision of 67 any such group and any group or agency to which such sovereign de facto or de jure 68 authority or functions are directly or indirectly delegated. Such term shall include any 69 faction or body of insurgents within a country assuming to exercise governmental 70 authority whether such faction or body of insurgents has or has not been recognized by 71 the United States; 72 (7) "Information-service employee", any person who is engaged in furnishing, 73 disseminating, or publishing accounts, descriptions, information, or data with respect to 74 the political, industrial, employment, economic, social, cultural, or other benefits, 75 advantages, facts, or conditions of any country other than the United States or of any 76 government of a foreign country, a foreign political party, or a partnership, association, 77 corporation, organization, or other combination of individuals organized under the laws 78 of, or having its principal place of business in, a foreign country; 79 (8) "Person", an individual, partnership, association, corporation, organization, 80 or any other combination of individuals; 81 (9) "Political activities", any activity that the person engaging in believes will, or 82 that the person intends to, in any way influence any agency or public official of the state 83 of Missouri or any political subdivision thereof or any section of the public within the 84 state of Missouri with reference to formulating, adopting, or changing the domestic or 85 foreign policies of the United States or of the state of Missouri with reference to the 86 political or public interests, policies, or relations of a government of a foreign country or 87 a foreign political party; HB 1351 4
88 (10) "Political consultant", any person who engages in informing or advising any 89 other person with reference to the policies of the state of Missouri or the political or 90 public interest, policies, or relations of a foreign country or of a foreign political party; 91 (11) "Prints", newspapers and periodicals, books, pamphlets, sheet music, 92 visiting cards, address cards, printing proofs, engravings, photographs, pictures, 93 drawings, plans, maps, patterns to be cut out, catalogs, prospectuses, advertisements, 94 and printed, engraved, lithographed, or autographed notices of various kinds, and, in 95 general, all impressions or reproductions obtained on paper or other material 96 assimilable to paper, on parchment, or on cardboard, by means of printing, 97 engraving, lithography, autography, or any other easily recognizable mechanical 98 process. Prints shall not include the copying press, stamps with movable or immovable 99 type, and the typewriter; 100 (12) "Public relations counsel", any person who engages directly or indirectly in 101 informing, advising, or in any way representing a principal in any public relations 102 matter pertaining to political or public interests, policies, or relations of such principal; 103 (13) "Publicity agent", any person who engages directly or indirectly in the 104 publication or dissemination of oral, visual, graphic, written, or pictorial information or 105 matter of any kind, including publication by means of advertising, books, periodicals, 106 newspapers, lectures, broadcasts, motion pictures, or otherwise; 107 (14) "Registration statement", the registration statement required to be filed 108 with the attorney general under this section and any supplements thereto, including all 109 documents and papers attached or incorporated by reference. 110 3. No person shall act as an agent of a foreign principal from an adversary 111 nation or foreign terrorist organization unless he or she has filed with the attorney 112 general a true and complete registration statement as required by this section or unless 113 he or she is exempt from registration under the provisions of this section. Except as 114 hereinafter provided, every person who becomes an agent of a foreign principal from an 115 adversary nation or foreign terrorist organization shall, within ten days, file with the 116 attorney general a registration statement under oath on a form prescribed by the 117 attorney general. The agent shall be required to keep his or her registration current and 118 update information as required for the entire time during which he or she serves as an 119 agent for a foreign principal from an adversary nation or foreign terrorist organization. 120 The registration statement shall include the following: 121 (1) The registrant's name, principal business address and all other business 122 addresses in the United States or elsewhere, and all residence addresses, if any; 123 (2) Status of the registrant; if an individual, the individual's nationality; if a 124 partnership, the name, residence addresses, and nationality of each partner and a true HB 1351 5
125 and complete copy of its articles of copartnership; if an association, corporation, 126 organization, or any other combination of suchindividuals, the name, residence 127 addresses, and nationality of each director and officer and of each person performing 128 the functions of a director or officer and a true and complete copy of its charter, articles 129 of incorporation, association, constitution, and bylaws, and amendments thereto; a copy 130 of every other instrument or document and a statement of the terms and conditions of 131 every oral agreement relating to its organization, powers, and purposes; and a statement 132 of its ownership and control; 133 (3) A comprehensive statement of the nature of the registrant's business; a 134 complete list of the registrant's employees and a statement of the nature of the work of 135 each; the name and address of every foreign principal from an adversary nation or 136 foreign terrorist organization for whom the registrant is acting, assuming or purporting 137 to act, or has agreed to act; the character of the business or other activities of every such 138 foreign principal from an adversary nation or foreign terrorist organization, and, if any 139 such foreign principal from an adversary nation or foreign terrorist organization be 140 other than a natural person, a statement of the ownership and control of each; and the 141 extent, if any, to which each such foreign principal from an adversary nation or foreign 142 terrorist organization is supervised, directed, owned, controlled, financed, or subsidized, 143 in whole or in part, by any government of a foreign country or foreign political party, or 144 by any other foreign principal from an adversary nation or foreign terrorist 145 organization; 146 (4) Copies of each written agreement and the terms and conditions of each oral 147 agreement, including all modifications of such agreements, or, where no contract exists, 148 a full statement of all the circumstances, by reason of which the registrant is an agent of 149 a foreign principal from an adversary nation or foreign terrorist organization and a 150 comprehensive statement of the nature and method of performance of each such 151 contract and of the existing and proposed activity or activities engaged in or to be 152 engaged in by the registrant as agent of a foreign principal from an adversary nation or 153 foreign terrorist organization for each such foreign principal from an adversary nation 154 or foreign terrorist organization, including a detailed statement of any such activity that 155 is a political activity; 156 (5) The nature and amount of contributions, income, money, or thing of value, if 157 any, that the registrant has received within the preceding one hundred eighty days from 158 each such foreign principal from an adversary nation or foreign terrorist organization, 159 either as compensation or for disbursement or otherwise, and the form and time of each 160 such payment and from whom received; HB 1351 6
161 (6) A detailed statement of every activity that the registrant is performing or is 162 assuming or purporting or has agreed to perform for themselves or any other person 163 other than a foreign principal from an adversary nation or foreign terrorist 164 organization and that requires their registration hereunder, including a detailed 165 statement of any such activity that is a political activity; 166 (7) The name, business, and residence addresses, and if an individual, the 167 nationality, of any person other than a foreign principal from an adversary nation or 168 foreign terrorist organization for whom the registrant is acting, assuming, or purporting 169 to act or has agreed to act under such circumstances as require their registration 170 hereunder; the extent to which each such person is supervised, directed, owned, 171 controlled, financed, or subsidized, in whole or in part, by any government of a foreign 172 country or foreign political party or by any other foreign principal from an adversary 173 nation or foreign terrorist organization; and the nature and amount of contributions, 174 income, money, or thing of value, if any, that the registrant has received during the 175 preceding one hundred eighty days from each such person in connection with any of the 176 activities referred to in subdivision (6) of this subsection, either as compensation or for 177 disbursement or otherwise, and the form and time of each such payment and from 178 whom received; 179 (8) A detailed statement of the money and other things of value spent or disposed 180 of by the registrant during the preceding one hundred eighty days in furtherance of or 181 in connection with activities that require their registration hereunder and that have 182 been undertaken by them either as an agent of a foreign principal from an adversary 183 nation or foreign terrorist organization or for themselves or any other person or in 184 connection with any activities relating to them becoming an agent of such principal from 185 an adversary nation or foreign terrorist organization and a detailed statement of any 186 contributions of money or other things of value made by them during the preceding one 187 hundred eighty days, other than contributions that are prohibited by federal law or the 188 laws of this state, in connection with an election to any political office or in connection 189 with any primary election, convention, or caucus held to select candidates for any 190 political office; 191 (9) Copies of each written agreement and the terms and conditions of each oral 192 agreement, including all modifications of such agreements, or, where no contract exists, 193 a full statement of all the circumstances, by reason of which the registrant is performing 194 or assuming or purporting or has agreed to perform for themselves or for a foreign 195 principal from an adversary nation or foreign terrorist organization or for any person 196 other than a foreign principal from an adversary nation or foreign terrorist 197 organization any activities that require their registration hereunder; and HB 1351 7
198 (10) Such other statements, information, or documents pertinent to the purposes 199 of this subsection as the attorney general may deem necessary. 200 4. Every agent of a foreign principal from an adversary nation or foreign 201 terrorist organization who has filed a registration statement required by subsection 3 of 202 this section shall file a supplemental registration every six months on a form prescribed 203 by the attorney general. The supplement shall update any information that has changed 204 since the original registration or the previous supplement. If there is a change in any 205 information provided in an initial registration or a supplement, the registrant shall file 206 an update with the attorney general within ten days of such change. The attorney 207 general may, at his or her discretion, require supplemental information to be filed more 208 regularly than every six months. 209 5. Registrations shall be subscribed and sworn under oath. For a business entity 210 filing a registration, the oath shall be subscribed and sworn by at least fifty percent of its 211 governing body or officers. 212 6. Timely registration and supplementation and acceptance of such filings by the 213 attorney general shall not be sufficient to indicate full compliance with this section, nor 214 shall timely filings preclude persecution under this section. 215 7. If any agent of a foreign principal from an adversary nation or foreign 216 terrorist organization, required to register under the provisions of this section, has 217 previously registered with the attorney general under this section, the attorney general 218 may permit the incorporation by reference of any information or documents previously 219 filed by such agent of a foreign principal from an adversary nation or foreign terrorist 220 organization under the provisions of such section. 221 8. Any person who acted as an agent of a foreign principal from an adversary 22