(a) The term agent means all individuals acting asrepresentatives of, or on behalf of, a foreign government or official, who aresubject to the direction or control of that foreign government or official, andwho are not specifically excluded by the terms of the Act or the regulationsthereunder.

(b) The term foreign government includes any person or group ofpersons exercising sovereign de facto or de jure political jurisdiction over anycountry, other than the United States, or over any part of such country, andincludes any subdivision of any such group or agency to which such sovereign defacto or de jure authority or functions are directly or indirectly delegated.Such term shall include any faction or body of insurgents within a countryassuming to exercise governmental authority whether such faction or body ofinsurgents has or has not been regarded by the United States as a governingauthority.

(c) The term prior notification means the notification letter,telex, or facsimile must be received by the addressee named in § 73.3prior to commencing the services contemplated by the parties.

(d) When used in 18 U.S.C. 951(d)(1), the term duly accreditedmeans that the sending State has notified the Department of State of theappointment and arrival of the diplomatic or consular officer involved, and theDepartment of State has not objected.

(e) When used in 18 U.S.C. 951(d) (2) and/or (3), the term officially and publicly acknowledged and sponsored means that theperson described therein has filed with the Secretary of State a fully-executednotification of status with a foreign government; or is a visitor, officiallysponsored by a foreign government, whose status is known and whose visit isauthorized by an agency of the United States Government; or is an official of aforeign government on a temporary visit to the United States, for the purpose ofconducting official business internal to the affairs of that foreign government;or where an agent of a foreign government is acting pursuant to the requirementsof a Treaty, Executive Agreement, Memorandum of Understanding, or otherunderstanding to which the United States or an agency of the United States is aparty and which instrument specifically establishes another mechanism fornotification of visits by agents and the terms of such visits.

(f) The term legal commercial transaction, for the purpose of18 U.S.C. 951(d)(4), means any exchange, transfer, purchase or sale, of anycommodity, service or property of any kind, including information orintellectual property, not prohibited by federal or state legislation orimplementing regulations.

(a) The exemption provided in 18 U.S.C. 951(d)(4) for a “legalcommercial transaction” shall not be available to any person actingsubject to the direction or control of a foreign government or official wheresuch person is an agent of the Soviet Union, the German Democratic Republic,Hungary, Czechoslovakia, Poland, Bulgaria, Romania or Cuba; or has beenconvicted of or entered a plea of nolo contendere to any offense under 18 U.S.C.792-799, 831 or 2381, or under section 11 of the Export Administration Actof 1979, 50 U.S.C. app. 2410.

(b) The provisions of 18 U.S.C. 951(e)(2)(A) do not apply if the AttorneyGeneral, after consultation with the Secretary of State, determines and reportsto Congress that the national security or foreign policy interests of the UnitedStates require that these provisions do not apply in specific circumstances toagents of such country.

(c) The provisions of 18 U.S.C. 951(e)(2)(B) do not apply to a persondescribed in this clause for a period of more than five years beginning on thedate of the conviction or the date of entry of the plea of nolo contendere.

(a) Notification shall be made by the agent in the form of a letter, telex,or facsimile addressed to the Attorney General, directed to the attention of theRegistration Unit of the Criminal Division, except for those agents described inparagraphs (b) and (c) of this section. The document shall state that it is anotification under 18 U.S.C. 951, and provide the name or names of the agentmaking the notification, the firm name, if any, and the business address oraddresses of the agent, the identity of the foreign government or official forwhom the agent is acting, and a brief description of the activities to beconducted for the foreign government or official and the anticipated duration ofthe activities. Each notification shall contain a certification, pursuant to 28U.S.C. 1746, that the notification is true and correct.

(b) Notification by agents engaged in law enforcement investigations orregulatory agency activity shall be in the form of a letter, telex, or facsimileaddressed to the Attorney General, directed to the attention of Interpol-UnitedStates National Central Bureau. Notification by agents engaged in intelligence,counterintelligence, espionage, counterespionage or counterterrorism assignmentor service shall be in the form of a letter, telex, or facsimile addressed tothe Attorney General, directed to the attention of the nearest FBI LegalAttache. In case of exceptional circumstances, notification shall be providedcontemporaneously or as soon as reasonably possible by the agent or the agent'ssupervisor. The letter, telex, or facsimile shall include the information setforth in paragraph (a) of this section.

(c) Notification made by agents engaged in judicial investigations pursuantto treaties or other mutual assistance requests or letters rogatory, shall bemade in the form of a letter, telex, or facsimile addressed to the AttorneyGeneral, directed to the attention of the Office of International Affairs,Criminal Division. The letter, telex, or facsimile shall include the informationset forth in paragraph (a) of this section.

(d) Any subsequent change in the information required by paragraph (a) ofthis section shall require a notification within 10 days of the change.

(e) Notification under 18 U.S.C. 951 shall be effective only if it has beendone in compliance with this section, or if the agent has filed a registrationunder the Foreign Agents Registration Act of 1938, as amended, 22 U.S.C. 611, et seq., which provides the information required by paragraphs (a)and (d) of this section.

The fact that a notification has been filed shall not necessarily be deemedfull compliance with 18 U.S.C. 951 or these regulations on the part of theagent; nor shall it indicate that the Attorney General has in any way passed onthe merits of such notification or the legality of the agent's activities; norshall it preclude prosecution, as provided for in 18 U.S.C. 951, for failure tofile a notification when due, or for a false statement of a material facttherein, or for an omission of a material fact required to be stated therein.

(a) An agent shall, within 30 days after the termination of his agencyrelationship, advise the Attorney General of such change.

(b) All notifications pursuant to this part will automatically expire fiveyears from the date of the most recent notification.

(c) An agent, whose notification expires pursuant to (b) above, must file anew notification within 10 days if the relationship continues.

The filing of a notification under this section shall not be deemedcompliance with the requirements of the Foreign Agents Registration Act of 1938,as amended, 22 U.S.C. 611, et seq., nor compliance with any otherstatute.