18 U.S.C. § 219

Officers and employees acting as agents of foreign principals

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(a) Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938 or a lobbyist required to register under the Lobbying Disclosure Act of 1995 in connection with the representation of a foreign entity, as defined in section 3(6) of that Act shall be fined under this title or imprisoned for not more than two years, or both.(b) Nothing in this section shall apply to the employment of any agent of a foreign principal as a special Government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest. A copy of any certification under this paragraph shall be forwarded by the head of such agency to the Attorney General who shall cause the same to be filed with the registration statement and other documents filed by such agent, and made available for public inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938, as amended.(c) For the purpose of this section “public official” means Member of Congress, Delegate, or Resident Commissioner, either before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency, or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government.(Added Pub. L. 89–486, § 8(b), July 4, 1966, 80 Stat. 249; amended Pub. L. 98–473, title II, § 1116, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 99–646, § 30, Nov. 10, 1986, 100 Stat. 3598; Pub. L. 101–647, title XXXV, § 3511, Nov. 29, 1990, 104 Stat. 4922; Pub. L. 104–65, § 12(b), Dec. 19, 1995, 109 Stat. 701.)Editorial NotesReferences in Text

The Foreign Agents Registration Act of 1938, as amended, referred to in subsec. (a), is act June 8, 1938, ch. 327, 52 Stat. 631, which is classified generally to subchapter II (§ 611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. Section 6 of the Foreign Agents Registration Act of 1938 is classified to section 616 of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 22 and Tables.

The Lobbying Disclosure Act of 1995, referred to in subsec. (a), is Pub. L. 104–65, Dec. 19, 1995, 109 Stat. 691, which is classified principally to chapter 26 (§ 1601 et seq.) of Title 2, The Congress. Section 3(6) of the Act is classified to section 1602(6) of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 2 and Tables.

Prior Provisions

A prior section 219 was renumbered section 214.

Amendments

1995—Subsec. (a). Pub. L. 104–65 substituted “or a lobbyist required to register under the Lobbying Disclosure Act of 1995 in connection with the representation of a foreign entity, as defined in section 3(6) of that Act” for “, as amended,”.

1990—Subsec. (c). Pub. L. 101–647 substituted “Government” for “Governments” before “thereof”.

1986—Subsec. (a). Pub. L. 99–646, § 30(1), designated first par. as subsec. (a) and amended it generally, which prior to amendment read as follows: “Whoever, being a public official of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, including the District of Columbia, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined not more than $10,000 or imprisoned for not more than two years, or both.”

Subsec. (b). Pub. L. 99–646, § 30(2), designated second par. as subsec. (b).

Subsec. (c). Pub. L. 99–646, § 30(2), (3), designated third par. as subsec. (c) and substituted “Delegate” for “Delegate from the District of Columbia” and “branch of Government” for “branch of Government, or a juror”.

1984—Pub. L. 98–473 substituted “a public official” for “an officer or employee” in first par., and inserted par. defining “public official”.

Statutory Notes and Related SubsidiariesEffective Date of 1995 Amendment

Amendment by Pub. L. 104–65 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 104–65, set out as an Effective Date note under section 1601 of Title 2, The Congress.

Effective Date

Section effective ninety days after July 4, 1966, see section 9 of Pub. L. 89–486, set out as an Effective Date of 1966 Amendment note under section 611 of Title 22, Foreign Relations and Intercourse.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1979–2025 · leading case: Mohammad Sami v. United States of Am., 617 F.2d 755 (D.C. Cir. 1979).

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Mohammad Sami v. United States of Am., 617 F.2d 755 (D.C. Cir. 1979). “18 U.S.C. § 219 (1976). 7 . A close reading of the statute supports this interpretation.”

United States v. Steven Bruce Smith, 196 F.3d 676 (6th Cir. 1999). “In sentencing the defendant under the Robbery guideline (§ 2B3.1) for the carjacking count, the district court applied the specific offense characteristic for brandishing a firearm, § 2B3.”

United States v. Jordan, 591 F. Supp. 2d 686 (S.D.N.Y. 2008). “§ 2266 (2) (defining “course of conduct”); 18 U.S.C. §§ 219 (2), 1365(h)(3) (defining “serious bodily injury” and incorporated by reference into 18 U.”

Applicability of 18 U.S.C. § 219 to Rep. Members of Fed. Advisory Committees (OLC 1999). · cites it 9× “Applicability of 18 U.S.C. § 219 to Representative Members of Federal Advisory Committees Representative members of federal advisory committees — i.”

Applicability of 18 U.S.C. § 219 to Retired Foreign Serv. Officers (OLC 1987). · cites it 3× “Applicability of 18 U.S.C. § 219 to Retired Foreign Service Officers A retired foreign service officer is not a public official of the United States subject to 18 U.”

Hauser v. Smith (D. Ariz. 2021). “22 · Fifteenth Cause of Action under 18 U.S.C. §§ 219 (acting as agents of foreign 23 principals), 951 (acting as agents of foreign governments) and 22 U.”

Santos v. Barlett (M.D. Fla. 2025). “infringed on her rights in violation of the Fourteenth Amendment, 18 U.S.C. § 219 , 42 U.S.C. § 1983 , 42 U.”

Applicability of 18 U.S.C. § 219 to Members of Fed. Advisory Committees (OLC 1991). · cites it 2× “Applicability of 18 U.S.C. § 219 to Members of Federal Advisory Committees S ection 219(a) o f Title 18 o f the United S tates C ode applies to m em bers o f federal advisory com m ittees, including the Advisory C om m ittee for T rade Policy and N egotiations, that are governed…”

Applicability of the Emoluments Clause to Nongovernmental Members of ACUS (OLC 2010). “(quoting Applicability of 18 U.S.C. § 219 to Members of Federal Advisory Committees, 15 Op.”

Application of the Emoluments Clause to a Member of the President's Council on Bioethics (OLC 2005). “at 123, expressed in dictum five years earlier, that all federal advisory committee posi- tions were covered by the Emoluments Clause, see Applicability of 18 U.S.C. § 219 to Members of Federal Advisory Committees, 15 Op.”

Applicability of the Emoluments Clause to Non-Gov't Members of ACUS (II) (OLC 2010). “(quot- 184 Applicability of the Emoluments Clause to Non-Government Members of ACUS ( II ) ing Applicability of 18 U.S.C. § 219 to Members of Federal Advisory Committees, 15 Op.”

Applicability of the Emoluments Clause to Non-Gov't Members of ACUS (OLC 1993). “ACUS points out that our April 1991 Opinion stated that 18 U.S.C. § 219 does not implicitly disqualify an individual from serving on an advisory committee sim ply because he or she is a partner at a firm that is required by statute to register as a foreign agent.”

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