APPLICABILITY OF FOREIGN AGENTS REGISTRATION ACT

UNCLAS USUN NEW YORK 000183 SIPDIS SIPDIS PASS TO IO/UNP AND L/DL E.O. 12958: N/A TAGS: OFDP SUBJECT: APPLICABILITY OF FOREIGN AGENTS REGISTRATION ACT TO US CITIZENS WORKING FOR PERMANENT MISSIONS TO THE UN ¶1. Summary and Action Request - USUN seeks Department's guidance in responding to an inquiry from an American citizen working as a (non-diplomat) Adviser/Press Officer at the Iraq Permanent Mission to the UN (PMUN) whether the Foreign Agents Registration Act (FARA) (22 U.S.C. Section 611 et seq., Title 28 C.F.R. Part 5) applies to her. USUN also would like the Department to clarify FARA's applicability to US citizens, permanent residents and foreign nationals (including permanent resident aliens) working as Service employees or as Administrative and Technical (A&T) equivalent staff, as opposed to those in diplomatic-level posts) at Permanent Missions. End summary and action request. ¶2. USUN asks whether Section 613 exceptions (b) and/or (c) apply, or whether American citizens attached to press offices at Permanent Missions to the UN register with the Department of Justice as foreign agents under FARA? ¶3. USUN notes that Service employees and Administrative and Technical (A&T) equivalent employees working at Permanent Missions to the UN are already registered with the Department of State (through USUN),including their names, statuses and job titles. Are these individuals regarded as working for the Permanent Representative at each Permanent Mission to the UN, who is a diplomat duly accredited by the UN and so recognized by the Department of State? If so, does Section 613(c) exempt American citizens, premanent residents and foreign nationals from the FARA requirements? KHALILZAD