Voglio sapere a riguardo di…

lotter on DSK11XQN23PROD with RULES1

32224

Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Rules and Regulations
entity is defined as an entity included in one of the following categories:
1 A government of a foreign country as defined by FARA 22 U.S.C.
611e;
2 A foreign political party as defined by FARA 22 U.S.C. 611f;
3 An individual or entity registered as an agent of a foreign principal, under section 611c of FARA 22 U.S.C.
611c, whose foreign principal is a government of a foreign country, a foreign political party, or is directly or indirectly operated, supervised, directed, owned, controlled, financed, or subsidized by a government of a foreign country or by a foreign political party as defined by FARA, and that is acting in its capacity as an agent of such foreign principal;
4 An entity meeting the definition of a U.S.-based foreign media outlet pursuant to section 722 of the Act that has filed a report with the Commission 47 U.S.C. 624.
The adopted definition is largely consistent with the definition proposed in the NPRM except for the exclusion of foreign missions for the reasons discussed below.
15. As discussed in the NPRM, in establishing these categories to define covered foreign governmental entities that will trigger the disclosure requirement, the Commission relies on existing definitions, statutes, or determinations by the U.S. Government as to when an entity or individual is a foreign government, a foreign political party, or acting in the United States as an agent on behalf of a foreign government or foreign political party.
Relying on these sources allows us to draw on the substantial experience and authority in such matters that already exists within the Federal Government and avoids involving the Commission, or the broadcaster, in subjective determinations regarding who qualifies as a foreign governmental entity.
16. FARA. In particular, the Commission finds that reliance on both the definitions contained in FARA and the list of agents registered pursuant to that act is appropriate. As discussed in the NRPM, this long-standing statute was designed specifically to identify those foreign entities or individuals that Congress has determined should be known to the U.S. Government and the American public when they are seeking to influence American public opinion, policy, and laws. The Commission notes that no commenters object to the its proposed use of the definitions set forth in FARA or the list of foreign agents registered pursuant to that statute as the primary basis for its foreign sponsorship
VerDate Sep<11>2014

17:19 Jun 16, 2021

Jkt 253001

identification rules. Accordingly, the Commission finds that including government of a foreign country and foreign political party, as defined by FARA, within the group of entities and individuals that trigger its foreign sponsorship identification rules is appropriate given its primary goal of ensuring that foreign governmentprovided programming is properly disclosed to the public. Rather than seeking to craft its own definitions, the Commission finds it more appropriate to turn to a definition of foreign government and foreign political party contained in a pre-existing statute designed to promote transparency about foreign governmental activity in the United States. Similarly, including FARAregistered agents of foreign principals who are defined by their engagement in certain activities in the United States on behalf of foreign interests furthers the Commissions goal of increasing transparency when such agents may be seeking to persuade the audiences of broadcast stations.
17. The Commission notes that FARA
generally requires an agent of foreign principal undertaking certain activities in the United States such as, political activities or acting in the role of public relations counsel, publicity agent, or political consultant on behalf of a foreign principal to register with the Department of Justice. Section 611b1
of FARA states that the term foreign principal includes the government of a foreign country and a foreign political party 22 U.S.C. 611b1.
For purposes of its foreign sponsorship identification rules, the Commission includes FARA agents whose foreign principal is either a government of a foreign country, a foreign political party, or is directly or indirectly operated, supervised, directed, owned, controlled, financed, or subsidized by a government of a foreign country or by a foreign political party as those terms are defined in sections 611e and f of FARA respectively 22 U.S.C. 611e, f. As stated in the NPRM, to the extent that an agent of a foreign principal, whose foreign principal is either a government of a foreign country or a foreign political party is providing programming to U.S. broadcast stations in its capacity as an agent to that principal, it is reasonable that the public should be made aware of that fact. The Commission also clarifies, however, that the proposed disclosure is required not only when programming is provided by an agent of a foreign principal whose foreign principal is a government of a foreign country or a foreign political
PO 00000

Frm 00040

Fmt 4700

Sfmt 4700

party, but also when the foreign principal is directly or indirectly operated, supervised, directed, owned, controlled, financed, or subsidized by a government of a foreign country or by a foreign political party. This clarification to the original proposal will ensure that the foreign sponsorship identification rules cannot be circumvented by the existence or creation of additional corporate and/or ownership layers between the entity acting as a foreign principal and the government of a foreign country or foreign political party. This information is readily ascertainable by those who examine the FARA database.
18. The Commission recognizes that a given entity may be registered as an agent for multiple foreign principals or for a foreign principal other than a government of a foreign country or a foreign political party. The Commission emphasizes, however, that its foreign sponsorship identification rules apply only when the FARA agent is acting in its capacity as a registered agent of a principal that is a government of a foreign country, a foreign political party, or is directly or indirectly operated, supervised, directed, owned, controlled, financed, or subsidized by a government of a foreign country or by a foreign political party.
19. U.S.-Based Foreign Media Outlet.
In addition to drawing on FARA-based definitions and registrations and consistent with the NPRM, the Commission concludes that its foreign governmental entity definition should also extend to any entity or individual subject to section 722 of the Act that has filed a report with the Commission.
Section 722 extends to any U.S.-based foreign media outlet that: a Produces or distributes video programming that is transmitted, or intended for transmission, by a multichannel video programming distributor MVPD to consumers in the United States and b would be an agent of a foreign principal but for an exemption in FARA. The Commission notes that Section 722 provides that the term foreign principal has the meaning given such term in section 611b1 of FARA, which limits the scope of the definition of foreign principal to a government of a foreign country and a foreign political party. The Commission incorporates this limitation from section 722 of the Act into its foreign sponsorship identification rules to include both a government of a foreign country and foreign political party, as those terms are defined by FARA, within its definition of foreign governmental entity. Although the
E:FRFM17JNR1.SGM

17JNR1