HB 5043 — Relating to requirements, prohibitions and regulation of foreign principals or agents of foreign principals, lobbying by or on behalf of such foreign principals or their agents

(2) 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 any State or other place subject to the jurisdiction of the United States and has its principal place of business within the United States;

and (3) A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country.

(d) The term "government of a foreign country" includes any person or group of persons exercising sovereign de facto or de jure political jurisdiction over any country, or acting on behalf of a foreign government, other than the United States, or over any part of such country, and includes any subdivision of any such group and any group or agency to which such sovereign de facto or de jure authority or functions are directly or indirectly delegated.

(f)(e) The term "foreign"information-service politicalemployee" party" includes any organizationperson orwho anyis otherengaged combination of individuals in afurnishing, countrydisseminating, otheror thanpublishing theaccounts, Uniteddescriptions, States,information, or anydata unitwith orrespect branchto thereof,the havingpolitical, forindustrial, anemployment, aimeconomic, orsocial, purpose,cultural, or whichother isbenefits, engagedadvantages, infacts, anyor activityconditions devotedof inany wholecountry orother inthan part to, the establishment,United administration,States, control, or acquisition of administrationany orgovernment control, of a governmentforeign country, or of a foreign countrypolitical party or of a subdivisionpartnership, thereof,association, orcorporation, theorganization, furtherance or influencingother combination of theindividuals politicalorganized orunder publicthe interests,laws policies,of, or relationshaving ofits aprincipal governmentplace of abusiness foreignin, country or a subdivisionforeign thereof;country;

(g)13 TheCS termfor "public-relationsHB counsel"5043 includes(f) anyThe personterm who"person" engagesincludes directlyan orindividual, indirectlypartnership, inassociation, informing,corporation, advising,organization, or in any wayother representingcombination a principal in any public relations matter pertaining to political or public interests, policies, or relations of suchindividuals; principal;

(h)(g) The term "publicity"political agent"activities" includesmeans any activity that the person whoengaging engagesin directlybelieves will, or indirectlythat the person intends to, in any way influence any agency or official of the publicationGovernment of the United States, and/or the Government of the State of West Virginia, or disseminationany section of oral,the visual,public graphic,within written,the United States with reference to formulating, adopting, or pictorialchanging informationthe domestic or matterforeign policies of anythe kind,United includingStates, publicationor bywith meansreference ofto advertising,the books,political periodicals,or newspapers,public lectures,interests, broadcasts,policies, motionor pictures,relations of a government of a foreign country or otherwise;a foreign political party;

(i)(h) The term "information-service"political employee"consultant" includesmeans any person who isengages engaged in Intrinforming HB 2024R2076 furnishing, disseminating, or publishingadvising accounts,any descriptions,other information,person or data with respectreference to the political,domestic industrial, employment, economic, social, cultural, or otherforeign benefits,policies advantages, facts, or conditions of anythe countryUnited otherStates, thanand/or the UnitedGovernment States or of anythe governmentState of aWest foreignVirginia, country or ofthe a foreign political party or ofpublic ainterest, partnership,policies, association, corporation, organization, or otherrelations combination of individualsa organizedforeign undercountry the laws of, or having its principal place of business in, a foreign country;political party;

(j)(i) The term "registration"public-relations statement"counsel" meansincludes theany registrationperson statementwho requiredengages todirectly beor filedindirectly within theinforming, Secretaryadvising, ofor, Statein ofany Westway Virginiarepresenting, undera §6B-3A-2(a)principal ofin this code, and any supplementspublic theretorelations requiredmatter topertaining be filed under §6B-3A-2(b) of this code, and includes all documents and papers required to bepolitical filed therewith or amendatorypublic thereofinterests, orpolicies, supplemental thereto, whether attached thereto or incorporatedrelations thereinof bysuch reference;principal;

(k)(j) The term "United"publicity States",agent" whenincludes usedany inperson awho geographicalengages sense,directly includesor theindirectly severalin States, the Districtpublication or dissemination of Columbia,oral, thevisual, Territories,graphic, thewritten, Canalor Zone,pictorial theinformation insularor possessions,matter andof allany otherkind, placesincluding nowpublication orby hereaftermeans subjectof toadvertising, thebooks, civilperiodicals, ornewspapers, militarylectures, jurisdictionbroadcasts, ofmotion thepictures, Unitedthrough States;any internet publication, or other means;

(l)(k) The term "political"registration activities"statement" means any activity that the personregistration engagingstatement inrequired believesto will,be orfiled thatwith the personSecretary intends to, in any way influence any agency or official of the Government of the United States, and/or the Government of the State of West Virginia,Virginia orunder any§6B-3A-2(a) section of thethis publiccode, withinand theany Unitedsupplements Statesthereto withrequired reference to formulating,be adopting,filed orunder changing§6B-3A-2(b) theof domesticthis orcode, foreignand policiesincludes ofall thedocuments Unitedand Statespapers orrequired with reference to thebe politicalfiled therewith or publicamendatory interests,thereof policies, or relationssupplemental ofthereto, awhether governmentattached ofthereto a foreign country or aincorporated foreigntherein politicalby party;reference;

(m)14 TheCS termfor "politicalHB consultant"5043 means(l) anyThe personterm who"United engagesStates", inwhen informingused orin advisinga anygeographical othersense, personincludes with reference to the domesticseveral orStates foreignof, policies of the UnitedDistrict States,of and/orColumbia, the GovernmentTerritories, of the Stateinsular ofpossessions, Westand Virginia,all orother theplaces politicalnow or publichereafter interest,subject policies,to orthe relationscivil of a foreign country or ofmilitary ajurisdiction foreignof, politicalthe party.United States.

(a) No person shall act as an agent of a foreign principal unless he has filed with the Intr HB 2024R2076 Secretary of State of West Virginia a true and complete registration statement and supplements thereto as required by §§6B-3A-2 (a) and (b) of this code or unless he or she is exempt from registration under the provisions of this article.

(1) Registrant's name, principal business address, all other business addresses, and all internet Uniform Resource Locator (URL) web addressesaddresses, and the principal email addresses, for itself and all corporate parent and subsidiary entities in the United States or elsewhere, and all residence addresses, if any;

a copy of every 15 CS for HB 5043 other instrument or document and a statement of the terms and conditions of every oral agreement relating to its organization, powers, and purposes;

the character of the business or other activities of every such foreign principal, and, Intr HB 2024R2076 if any such foreign principal be other than a natural person, a statement of the ownership and control of each;

16 CS for HB 5043 (7) The name, business, and residence addresses, and if an individual, the nationality, of any person other than a foreign principal for whom the registrant is acting, assuming or purporting to act or has agreed to act under such circumstances as require his registration hereunder;

and the nature and amount of contributions, income, money, or thing of value, if any, that the registrant has received during the preceding year from each such person in Intr HB 2024R2076 connection with any of the activities referred to in §6B-3A-2(a) of this code, either as compensation or for disbursement or otherwise, and the form and time of each such payment and from whom received;

(8) A detailed statement of the money and other things of value spent or disposed of by the registrant during the preceding year in furtherance of or in connection with activities which require his or her registration hereunder and which have been undertaken by him or her either as an agent of a foreign principal or for himself or herself or any other person or in connection with any activities relating to his or her becoming an agent of such principal, and a detailed statement of any contributions of money or other things of value made by him or her during the preceding year (other than contributions the making of which is prohibited under the terms of section 613 of Title 18 of the United States Code) in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office;

17 CS for HB 5043 (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 the copies of documents furnished therewith, not misleading.

(b) Every agent of a foreign principal who has filed a registration statement required by §6B-3A-2(a) of this code, within thirty days after the expiration of each period of six months succeeding such filing, file with the Secretary of State of West Virginia a supplement thereto under Intr HB 2024R2076 oath, on a form prescribed by the Secretary of State of West Virginia, which shall set forth with respect to such preceding six months' period such facts as the Secretary of State of West Virginia, having due regard for the national security and the public interest, may deem necessary to make the information required under this section accurate, complete, and current with respect to such period.

nor shall it preclude 18 CS for HB 5043 prosecution, as provided for in this article, for willful failure to file a registration statement or supplement thereto when due or for a willful false statement of a material fact therein or 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, not misleading.

(e) The Secretary of State of West Virginia may, by regulation, provide for the exemption-exemption Intrfrom HB 2024R2076 From the requirement of furnishing any of the information required by this section of any agent of a foreign principal, where by reason of the nature of the functions or activities of such person the Secretary of State of West Virginia, having due regard for the national security and the public interest, determines that such registration, or the furnishing of such information, as the case may be, is not necessary to carry out the purposes of this article.

(c) Any member of the staff of, or any person employed by, a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, other 19 CS for HB 5043 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 in the Department of State, while said member or employee is engaged exclusively in the performance of activities which are recognized by the Department of State as being within the scope of the functions of such member or employee;

(d) Any person engaging or agreeing to engage onlyonly. (1) in private and nonpolitical activities Intr HB 2024R2076 in furtherance of the bona fide trade or commerce of such foreign principal;

(1) in private and nonpolitical activities in furtherance of the bona fide trade or commerce of such foreign principal;

(f) Any person, or employee of such person, whose foreign principal is a government of a foreign country the defense of which the President deems vital to the defense of the United States while,while: (1) such person or employee engages only in activities which are in furtherance of the policies, public interest, or national defense both of such government and of the Government of the United States, and are not intended to conflict with any of the domestic or foreign policies of the Government of the United States, (2) each communication or expression by such person or employee which he intends to, or has reason to believe will, be published, disseminated, or circulated among any section of the public, or portion thereof, within the United States, is a part of such activities and is believed by such person to be truthful and accurate and the identity of such person as an agent of such foreign principal is disclosed therein, and (3) such government of a foreign country furnishes to the United States Secretary of State for transmittal to, and retention for the duration of this article by, the United States Attorney General such information as to the identity and activities of such person or employee at such times as the Attorney General may require.

Upon(1) noticesuch toperson theor Governmentemployee ofengages whichonly suchin personactivities iswhich anare agentin orfurtherance toof suchthe personpolicies, public interest, or employee,national thedefense Attorneyboth General,of havingsuch duegovernment regardand forof the publicGovernment interestof the United States, and nationalare defense,not may,intended to conflict with any of the approvaldomestic or foreign policies of the SecretaryGovernment of State,the United States, and shall,(2) ateach thecommunication requestor ofexpression theby Secretarysuch ofperson State,or terminateemployee inwhich wholehe intends to, or inhas partreason to believe will, be published, disseminated, or circulated among any section of the exemptionpublic, hereinor portion thereof, within the United States, is a part of anysuch activities and is believed by such person orto employee;be truthful and accurate and the identity of such person as an agent of such foreign principal is disclosed therein.

20 CS for HB 5043 (g) Any person qualified to practice law, insofar as he or she engages or agrees to engage in the legal representation of a disclosed foreign principal before any court of law or any agency of the Government of the UnitedState States:of West Virginia:

Provided, That for the purposes of this subsection legal Intr HB 2024R2076 representation does not include attempts to influence or persuade agency personnel or officials other than in the course of judicial proceedings, criminal or civil law enforcement inquiries, investigations, or proceedings, or agency proceedings required by statute or regulation to be conducted on the record.

(a) Every person within the United States who is an agent of a foreign principal and required to register under the provisions of this article and who transmits or causes to be transmitted in the United States mails or by any means or instrumentality of interstate or foreign commerce any informational materials to, within or from the State of West Virginia for or in the interests of such foreign principalprincipal, (i) in the form of prints, or (ii) in any other form which is reasonably adapted to being, or which he or she believes will be, or which he or she intends to be, disseminateddisseminated, or circulated among two or more persons shall, not later than forty-eight hours after the beginning of the transmittal thereof, file with the Secretary of State of West Virginia two copies thereof.

(b) It shall be unlawful for any person within the United States who is an agent of a foreign principal and required to register under the provisions of this article to transmit or cause to be transmitted in the United States mails or by any means or instrumentality of interstate or foreign commerce any informational materials to, within or from the State of West Virginia for or in the interests of such foreign principal without placing in such informational materials a conspicuous statement that the materials are distributed by the agent on behalf of the foreign principal,principal. and that additional information is on file with the Department of Justice, Washington, District of Columbia.

The21 CS for HB 5043 (c) It shall be unlawful for any person within the United States Attorneywho Generalis mayan byagent ruleof definea whatforeign constitutesprincipal arequired conspicuousto statementregister Intrunder HBthe 2024R2076provisions of this article to transmit, convey, or otherwise furnish to any agency or official of any Government entity constituted within the State of West Virginia, for or in the purposesinterests of such foreign principal any political propaganda or to request from any such agency or official for or in the interests of such foreign principal any information or advice with respect to any matter pertaining to the political or public interests, policies or relations of a foreign country or of a political party or pertaining to the policies of the State of West Virginia 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 such foreign principal under this subsection.article.

(c)(d) TheWhenever copiesany agent of informationala materialsforeign principal required byto register under this article appears before any committee of the Legislature of the State of West Virginia to betestify for or in the interests of such foreign principal, he or she shall, at the time of such appearance, furnish the committee with a copy of his or her most recent registration statement filed with the UnitedSecretary Statesof AttorneyState Generalof shallWest beVirginia availableas an agent of such foreign principal for publicinclusion inspectionin underthe suchrecords regulationsof the committee as hepart mayof prescribe.his testimony.

(d) It shall be unlawful for any person within the United States who is an agent of a foreign principal required to register under the provisions of this article to transmit, convey, or otherwise furnish to any agency or official of any Government entity constituted within the State of West Virginia, for or in the interests of such foreign principal any political propaganda or to request from any such agency or official for or in the interests of such foreign principal any information or advice with respect to any matter pertaining to the political or public interests, policies or relations of a foreign country or of a political party or pertaining to the policies of the State of West Virginia 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 such foreign principal under this article.

(e) Whenever any agent of a foreign principal required to register under this article appears before any committee of the Legislature of the State of West Virginia to testify for or in the interests of such foreign principal, he or she shall, at the time of such appearance, furnish the committee with a copy of his or her most recent registration statement filed with the Secretary of State of West Virginia as an agent of such foreign principal for inclusion in the records of the committee as part of his testimony.

Every agent of a foreign principal registered under this article shall keep and preserve while he or she is an agent of a foreign principal such books of account and other records with respect to all his or her activities, the disclosure of which is required under the provisions of this article, in accordance with such business and accounting practices, as the United States Attorney General and/or the Secretary of State of West Virginia, having due regard for the national security Intr HB 2024R2076 and the public interest, may by regulation prescribe as necessary or appropriate for the enforcement of the provisions of this article and shall preserve the same for a period of three years following the termination of such status.

Such books and 22 CS for HB 5043 records shall be open at all reasonable times to the inspection of any official charged with the enforcement of this article.

(a) Each officer, or person performing the functions of an officer, and each director, or Intr HB 2024R2076 person performing the functions of a director, of an agent of a foreign principal which is not an individual shall be under obligation to cause such agent to execute and file a registration statement and supplements thereto as and when such filing is required under §§6B-3A-2(a) and (b) of this code and shall also be under obligation to cause such agent to comply with all the requirements of 23 CS for HB 5043 sections §§6B-3A-4(a) and (b) and §6B-3A-5 of this code and all other requirements of this article.

(a) Any person who--who— (1) Willfully violates any provision of this article or any regulation thereunder, or (2) In any registration statement or supplement thereto or in any other document filed with or furnished to the Secretary of State of West Virginia under the provisions of this article willfully makes a false statement of a material fact or willfully omits any material fact required to be stated therein or willfully omits a material fact or a copy of a material document necessary to make the statements therein and the copies of documents furnished therewith not misleading, shall, upon conviction thereof, befor punished by a finefirst ofoffense notthereunder morebe thanpunished $10,000 or by imprisonment for not more than five years, or both, except that in the case of a violation of subdivisions (b), (e), or (f) of §6B- 3A-4 of this code or of subdivisions (g) or (h) of this §6B-3A-8 of this code the punishment shall be a fine of not more than $5,000 or imprisonment for not more than sixthree months, or both.both;

Intrfor HBa 2024R2076second (b)offense Anythereunder alienby whoa shallfine be convicted of anot violationmore of,than or$10,000 a conspiracy to violate, any provision of this article or anyby regulationimprisonment thereunder shall, upon sentencing for suchnot convictionmore bythan thesix courtmonths, inor whichboth; the case was tried, be transferred to the custody of United States Immigration and Customs Enforcement for disposition.

(c)and Failurefor toa filethird any such registration statement or supplementssubsequent theretooffense, as is required by eithera §6B-3A-2(a)fine or §6B-3A-2(b) of thisnot codemore shallthan be$100,000 consideredor aby continuingimprisonment offense for asnot longmore asthan suchone failureyear, exists, notwithstanding any statute of limitation or otherboth. statute to the contrary.

(d)(b) WheneverAny inalien thewho judgmentshall ofbe theconvicted Secretary of Statea ofviolation Westof, Virginia any person is engaged in or abouta conspiracy to engageviolate, in any acts which constitute or will constitute a violation of any provision of this article,article or regulations issued thereunder, or whenever any agentregulation ofthereunder ashall, foreignupon principalsentencing failsfor tosuch complyconviction withby any24 ofCS thefor provisionsHB of5043 this article or the regulationscourt issued thereunder, or otherwise is in violationwhich of the article,case thewas Secretarytried, ofbe Statetransferred of West Virginia may make application to the appropriatecustody courts in the State of WestUnited VirginiaStates forImmigration anand orderCustoms enjoiningEnforcement such acts or enjoining such person from continuing to act as an agent of such foreign principal, or for andisposition. order requiring compliance with any appropriate provision of the article or regulation thereunder.

(c) Whenever in the judgment of the Secretary of State of West Virginia any person is engaged in or about to engage in any acts which constitute or will constitute a violation of any provision of this article, or regulations issued thereunder, or whenever any agent of a foreign principal fails to comply with any of the provisions of this article or the regulations issued thereunder, or otherwise is in violation of the article, the Secretary of State of West Virginia may make application to the appropriate courts in the State of West Virginia for an order enjoining such acts or enjoining such person from continuing to act as an agent of such foreign principal, or for an order requiring compliance with any appropriate provision of the article or regulation thereunder.

(e)(d) If the Secretary of State of West Virginia determines that a registration statement does not comply with the requirements of this article or the regulations issued thereunder, he or she shall so notify the registrant in writing, specifying in what respects the statement is deficient.

(f)(d) It shall be unlawful for any agent of a foreign principal required to register under this article to be a party to any contract, agreement, or understanding, either express or implied, with such foreign principal pursuant to which the amount or payment of the compensation, fee, or other Intr HB 2024R2076 remuneration of such agent is contingent in whole or in part upon the success of any political activities carried on by such agent.

25 The Secretary of State of West Virginia may at any time make, prescribe, amend, and rescind such rules, regulations, and forms as he may deem necessary to carry out the provisions of this article.

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