17. (a) Nationality of registrant___ § 24.28 To whom and by whom notifications are to be made. Title VIII of (b) If American-born, date and place the Espionage Act, approved June 15, of birth.. 1917 (40 Stat. 226), provides in part as (c) If naturalized, date and place of follows: naturalization___. (d) If alien, indicate type of travel document and nature of entry into the United States (whether for business or pleasure, temporary or permanent, etc.), including date, port of entry, type and date of visa, country of origin, country from which entry was made, etc. 18. Official designation of registrant.. SEC. 3. Whoever, other than a diplomatic or consular officer or attaché, shall act in the United States as an agent of a foreign government without prior notification to the Secretary of State, shall be fined not more than $5,000, or imprisoned not more than five years, or both. SEC. 4. The words "foreign government," as used in this act, shall be deemed to include any government, faction, or body of insurgents within a country with which the United States is at peace, which government, faction, or body of insurgents may or may not have been recognized by the United 19. Date of execution of Registration State- States as a government. ment_ The undersigned swears (affirms) that he has read the act (Public, No. 583, 75th Cong., 3d sess.), approved on June 8, 1938, as amended by the act (Public, No. 319, 76th Cong., 1st sess.), approved August 7, 1939, and the regulations issued pursuant thereto; Notifications required to be submitted under the aforementioned provisions of law should be addressed to the Secretary of State. The notification may be made by the agent's government through appropriate diplomatic channels or consular offices, or, in the case of an insurthat he is familiar with the contents of this Supplemental Registration Statement sub-rectionary government, faction, or body, mitted pursuant to such act and regula- by the competent authorities thereof tions, and with the contents of the docu- through an American consular officer; or ments supplementary thereto incorporated therein and constitute a part the notification may be made by the thereof, and that the facts therein set forth agent directly.*+ [Part II, Chap. II, sec. are true to the best of his knowledge, infor1] mation, and belief. which are (If registrant is a partnership, association, or corporation, the signature shall be that of its duly authorized representative.) § 24.27 Public inspection. Registration statements filed with the Secretary pursuant to the Act will, with the exception of statements withdrawn under the provisions of § 24.24, be available for public inspection in the Department of State, Washington, D. C., during all business hours, i. e., from 9 a. m. to 4:30 p. m. on each business day excepting Saturday, and from 9 a. m. to 1 p. m. on Saturdays.*† [Part I, Chap. VI] *§§ 24.27 to 24.36, inclusive, issued under the authority contained in sec. 3, 40 Stat. 226; 22 U.S.C. 233. *For statutory citation, see note to § 24.27. § 24.29 Information to be included in the notification. The notification must include the full name, nationality, business and residence addresses of the agent, a detailed statement of the present and proposed activities of such agent, and the name of the government represented, together with an indication of the date of assumption of duties in the United States and the approximate duration thereof.*† [Part II, Chap. II, sec. 2] § 24.30 Renewal of notification. Notifications must be renewed whenever the purpose, scope, or nature of the agency described therein is changed, and in any case every 12 months throughout the duration of the agency.*† [Part II, Chap. II, sec. 31 § 24.31 Expiration of activities. The Secretary of State should be informed promptly upon the expiration of every agency described in notifications submitted hereunder.** [Part II, Chap. II, sec. 4] § 24.32 To whom notifications apply. $ 32.1 Passport must be submitted to Notifications hereunder shall be deemed the Department of State. No passport to apply to agents either of an organ- heretofore issued shall be valid for use ized foreign government or of any gov-in traveling from the United States to ernment, faction, or body of insurgents any country in Europe unless it is subin a country with which the United mitted to the Department of State for States is at peace, whether such govvalidation.*† ernment, faction, or body is or is not recognized by the United States as a government.** [Part II, Chap. II, sec. 51 $ 24.33 Notification not to be regarded as a claim to diplomatic immunity. No notification given to or received by the Secretary of State pursuant to the aforementioned provisions of law and regulations promulgated thereunder shall be regarded as a claim for or a recognition of the privileges of diplomatic immunity conferred by international law or custom.*† [Part II, Chap. II, sec. 6] § 24.34 Definition of "agent." The term "agent" as used herein shall be deemed to include persons receiving compensation from or who are under the direction of a foreign government or any agency or department thereof.* [Part II, Chap. II, sec. 7] § 24.35 Requirement of notification fulfilled by compliance with provisions of 24.20. Persons who have complied fully with the provisions of § 24.20, shall be considered to have fulfilled the requirement of notification herein provided for.* [Part II, Chap. II, sec. 8] § 24.36 Modification, amendment, or repeal of regulations. The regulations in this part may be modified, amended, or repealed by the Secretary of State without notice.** [Part III] *$$ 32.1 to 32.8, inclusive, issued under the authority contained in sec. 1, 44 Stat. 887; 22 U.S.C. 211a, and E.O. 7856, Mar. 31, 1938; 3 F.R. 681. The source of §§ 32.1 to 32.8, inclusive, is Departmental Order 811, Secretary of State, Sept. 4, 1939; 4 F.R. 3892. § 32.2 Documentary evidence concerning imperativeness of proposed travel— (a) Travel for commercial purposes. Before the Department of State will validate any passport heretofore issued for use in any country in Europe, it will be necessary for the person to whom the passport was issued to submit documentary evidence concerning the imperativeness of his proposed travel. A person who desires to travel in Europe for commercial purposes must support his application for the validation of his passport or for the issue of a passport with a letter from the head of the firm in the interests of which he intends to go to Europe. Such letter must state not only the names of the European countries which the applicant expects to visit and the objects of his visits thereto, but in addition, whether or not the applicant is a salaried employee of the firm concerned; and if so, how long he has been known to the firm and for what period of time he has been in its employ. If the applicant is going to Europe on a commission and not a salary basis, that fact also should be specifically stated. If the applicant for a passport is himself the head of the concern for which he is going to Europe, he must submit a letter from another officer of the concern or a letter from the head of some other reputable concern who has had business transactions with the applicant and has knowledge of the business in which the applicant is engaged and the object and necessity of his proposed trip to Europe. (b) Purpose other than commercial business. An applicant who is going to Europe for any purpose other than commercial business must satisfy the Department of State that it is imperative that *For statutory citation, see note to § 24.27. he go, and he must submit satisfactory | a person to whom a passport has been documentary evidence substantiating his issued use it in violation of the conditions statement concerning the imperativeness of his proposed trip.*† § 32.3 False and misleading statements. In view of the exigencies of the present situation and the consequent necessity of exercising the greatest care in the validation of passports or the issue of new passports, the Department of State will be obliged to hold applicants and firms responsible for any false or misleading statements made by them in connection with applications for passports, and any such false or misleading statements would be in violation of section 220 of Title 22 of the United States Code, which reads as follows: Whoever shall willfully and knowingly make any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws, or whoever shall willfully and knowingly use or attempt to use, or furnish to another for use, any passport the issue of which was secured in any way by reason of any false statement, shall be fined not more than $2,000 or imprisoned not more than five years or both. *+ § 32.4 Women and children. Women and children will not be included in passports issued to their husbands or fathers unless the urgent and imperative necessity of accompanying them is conclusively established.*† § 32.5 Travel in opposing belligerent countries. Passports will not, as a rule, be validated or issued for travel in opposing belligerent countries.*† § 32.6 Protection of the United States (a) Failure to submit passport to Department of State for validation. Should a person now having a valid passport proceed to any European country without first having submitted his passport to the Department of State for validation, the protection of the United States may be withheld from him while he is abroad. (b) Violation of the conditions or restrictions contained in passport. Should or restrictions contained therein, the protection of the United States may likewise be withheld from him while he is abroad and he will be liable for prosecution under the provisions of section 221 of Title 22 of the United States Code, which reads in part as follows: ingly use or attempt to use any passport in violation of the conditions or restrictions therein contained, or of the rules prescribed pursuant to the laws regulating the be printed on the passport; issuance of passports, which said rules shall be fined not more than $2,000 or imprisoned not more than five years, or both. whoever shall willfully and know shall § 32.7 Validity restricted to period necessary to accomplish purpose. Hereafter when a passport is validated for or issued for use in Europe, its validity shall be restricted to the period necessary to accomplish the purpose of the intended visit to Europe but in no case beyond a period of 6 months. *+ § 32.8 Passports in possession of persons now residing abroad. Passports in possession of persons now residing abroad shall in due course be submitted to American consular officers for appropriate endorsement under special instructions to be sent to such officers at a later date.*† PART 44-STUDY AND RESEARCH IN | officials of the Department, be requested. Sec. THE DEPARTMENT 44.1 Files of date later than December 31, 1918, not available. 44.2 Files of date preceding December 31, 1918; conditions of availability. 44.3 Interpretation. If such permission is requested, the expenses of communicating with the foreign government (cost of telegrams, postage, et cetera) will be met by the person desiring to consult the papers. (b) To whom permission to consult records is granted. Permission to con § 44.1 Files of date later than Decem-sult the records of the Department ber 31, 1918, not available. In view of the through the date fixed by the Department contemporary international situation it may be granted, subject to the limitations will not be possible to make the confiden- set forth in this part, to such persons as tial or unpublished files and records of lawyers, publicists, historians, instructors the Department of a date later than De- and professors in accredited colleges and cember 31, 1918 available to persons who universities, and holders of the doctor's degree (or its equivalent) in foreign relaare not officials of the United States Gov- tions or allied subjects from such colleges ernment. In order that the Depart- and universities, Provided, That they are ment's records may be made available as authorities of recognized standing in the liberally as circumstances permit, the field to which the records relate and that Department each year will give consider- they have an important and definite use ation to the situation then existing with for the information desired. Due to lack a view to advancing the date fixed when- of personnel the Department is not in ever such action is deemed possible. The a position to assemble large quantities use of these records by Government offi- of papers or extensive files for consultacials will be subject to such conditions as tion by persons not officials of the Govthe chiefs of the appropriate policy divi-ernment and requests for permission to sions in the Department of State may consult material should therefore be defdeem it advisable to prescribe. (27 Stat. initely limited in scope and confined to 395; 20 U.S.C. 91) [Dept. Order 796, June specific subjects or particular papers. 19, 1939; 4 F.R. 2955] § 44.2 Files of date preceding December 31, 1918; conditions of availability. The confidential or unpublished records of the Department of a date prior to December 31, 1918, or such subsequent date as may be fixed by the Department, may be made available to persons who are not officials of the United States Government, subject to the following conditions: (c) Aliens. An application from an alien to consult the Department's records under this order shall be considered only if accompanied by a letter from the head of the Embassy or Legation at Washington of the country of which the alien is a citizen, subject or national. Such a letter must show that the applicant is favorably known to the appropriate embassy or legation and that the mission is familiar with the purpose of the applicant's work (a) Files not available. Files which are in current use in the Department or (d) Applications; procedure. All apwhich cannot be made public without the plications to consult the original recdisclosure of confidences reposed in the ords of the Department of date prior to Department or without adversely affect- the one fixed by the Department shall ing the public interest should not be made | be referred to the Chief of the Division available to inquirers. Papers received of Research and Publication. If the by the Department from a foreign gov- Chief of the Division of Research and ernment which have not been released for Publication is of the opinion that the publication by that government should applicant possesses the requisite qualinot be made available to inquirers with-fications as set forth in this part, he out the consent of the government concerned. If there is reason to believe a foreign government may be willing to permit the use of the papers in question under certain conditions the permission may, in the discretion of the appropriate vant papers and files which the appli shall have assembled and shall submit to the chief of the policy division charged with the consideration of questions in the field which is the object of the research or inquiry all of the rele cant desires to consult, with the exceptions hereinafter noted. If the applicant is permitted to use all or part of the papers desired, the chief of the policy division concerned will inform the Chief of the Division of Research and Publication under what conditions the papers may be examined, that is, whether copies may be made of the relevant documents or whether only notes may be taken and whether the copies or notes may be published in whole or in part or used only for background information, or any other conditions which the chief of the policy division mentioned may deem it advisable to prescribe. This decision will be final except in cases of unusual importance where the question may be referred to an Assistant Secretary of State or higher officer. Documents or papers previously released or published, and unpublished papers clearly involving no question of policy, may be made available to qualified applicants by the Chief of the Division of Research and Publication without reference to other officials. (e) Notes made on files; examination. Upon receiving the decision of the chief of the policy division mentioned, with the conditions therein deemed advisable and necessary to prescribe, the Chief of the Division of Research and Publication will thereupon arrange for the applicant to consult the files subject to the conditions mentioned. After the papers have been consulted the ap plicant will submit all notes, copies of documents, et cetera, which he has made to the Chief of the Division of Research and Publication. The latter, when necessary, will refer these notes, copies, et cetera, to the chief of the policy division concerned for examination if desired by the chief of the latter division. The chief of this policy division may, after such examination, return the papers to the Chief of the Division of Research and Publication for transmittal to the applicant or he may, in his discretion, retain the notes and refuse the applicant permission to use them. (27 Stat. 395; 20 U.S.C. 91) [Dept. Order 796, June 19, 1939; 4 F.R. 2955] § 44.3 Interpretation. The provisions of this part are to be interpreted as liberally as possible. In this regard it is to be borne in mind that the further it is possible to go in the way of promoting legitimate historical research and the study of the foreign policy of the United States without violating the confidences necessary for the transaction of diplomatic affairs, the more likely the Department will be to receive the support and trust of the intelligent public. (27 Stat. 395; 20 U.S.C. 91) [Dept. Order 796, June 19, 1939; 4 F.R. 2956] PART 55C-TRAVEL NOTE: This part has been redesignated as Part 156. Subchapter B-The Foreign Service NOTE: Executive Order 7927, July 14, 1938, consolidated the former Consular Regulations and the former Diplomatic Instructions into a single set of regulations known as the Foreign Service Regulations. The former Consular Regulations having general applicability and legal effect appeared as Parts 76-96 of the first edition of the Code of Federal Regulations. The former Diplomatic Instructions having general applicability and legal effect appeared as Part 97 of the first edition of the Code of Federal Regulations. The new Foreign Service Regulations issued during the calendar year 1939 appear as Parts 102-105 and 108-114 of this Supplement. Executive Order 7968, Sept. 3, 1938 which appeared under this subchapter in the 1938 Supplement has been redesignated and is reprinted as Part 105 in this Supplement. |