Title
Supreme Court
Foreign Agents Registration Law
Law
Batas Pambansa Blg. 39
Decision Date
Sep 7, 1979
The Foreign Agents Act of 1979 in the Philippines regulates the activities of foreign agents, requiring them to register and disclose their political activities, with violations resulting in imprisonment, fines, or deportation.

Law Summary

Declaration of Policy

  • Purpose to regulate foreign agents' activities for national security.
  • Requires registration and disclosure of political activities.
  • Ensures government and public awareness of foreign agents' identity and actions.

Definition of Terms

  • "Person": individual, partnership, association, corporation, or similar.
  • "Foreign principal": foreign government, political party, foreigner, or foreign-controlled entity.
  • "Foreign agent": person acting or agreeing to act on behalf of a foreign principal in political or information roles, excluding accredited diplomats, UN officials, and bona fide foreign press employees.
  • "Political activity": any activity influencing Philippine government or public on policy matters.
  • "Political propaganda": communication aimed at influencing public or government on foreign political interests or advocating dissension or overthrow of the Philippine government.
  • Roles defined: political consultant, public relations counsel, publicity agent, information representative.

Registration

  • Foreign agents must register with the Ministry of Justice within 30 days if existing agents, or 10 days if newly appointed.
  • Registration includes personal and business details, foreign principal identity, contract terms, compensation, and detailed activities.
  • Termination as foreign agent does not relieve past registration obligations.

Additional Statement

  • Biannual semi-annual statements required updating registration information.
  • Details of persons involved other than foreign principals, financial transactions, and expenditures related to activities must be disclosed.

Statement Open to Public Scrutiny

  • All registration documents are permanent public records.
  • Ministry of Justice must transmit copies to Foreign Affairs and Public Information Ministry for foreign relations and internal policy review.

Exemptions

  • Act does not apply to persons engaged only in:
    • Private, non-political bona fide trade or commerce activities.
    • Bona fide charitable, religious, scholastic, academic, artistic, scientific pursuits.
    • Legal representation of foreign principals before courts or agencies, excluding influence attempts beyond official business.

Amended Registration

  • Minister of Justice may require amended registration statements if initial filings are deficient.
  • Unlawful to act as foreign agent without amended compliant registration.

Filing and Labelling of Political Propaganda

  • Foreign agents must file copies of political propaganda within 48 hours of dissemination.
  • Information on places, times, and extent of dissemination must be provided.

Injunction

  • Minister of Justice may seek court orders to enforce compliance.
  • Courts have authority to issue injunctions and restraining orders.
  • Proceedings are prioritized and expedited.

Unlawful Acts

  • Prohibitions include:
    • Transmitting political propaganda or requesting political information without registration disclosure.
    • Contracts with payment contingent on political success.
    • Contributions to political candidate selection processes.
  • Soliciting or receiving contributions from foreign agents or principals is illegal.
  • Public officers, employees, or spouses are prohibited from acting as foreign agents unless certification of national interest employment is obtained.

Penalties

  • Violations subject to up to 5 years imprisonment, fines up to P10,000, or both.
  • Corporate officers liable for violations by entities.
  • Foreign offenders subject to deportation after penalties.

Rules and Regulations

  • Minister of Justice to promulgate implementing rules within 15 days after publication.

Separability Clause

  • Unconstitutional provisions do not affect the remainder of the Act.

Repealing Clause

  • Conflicting laws are repealed or modified.

Effectivity

  • Act effective upon approval on September 7, 1979.

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