Agency Procedure Concerning the Treatment of Foreign State Respondents at the Initiation of the Enforcement Process
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Issuing agencies
Abstract
The Federal Election Commission is adopting a procedure concerning the enforcement process in situations where the respondent to a complaint is a foreign state, a political subdivision of a foreign state, a head of state or other foreign official acting in his or her official capacity, or an agency or instrumentality of a foreign state.
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<title>Federal Register, Volume 87 Issue 42 (Thursday, March 3, 2022)</title>
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[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Rules and Regulations]
[Pages 11950-11951]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04358]
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FEDERAL ELECTION COMMISSION
11 CFR Part 111
[Notice 2022-04]
Agency Procedure Concerning the Treatment of Foreign State
Respondents at the Initiation of the Enforcement Process
AGENCY: Federal Election Commission.
ACTION: Adoption of Agency procedure.
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SUMMARY: The Federal Election Commission is adopting a procedure
concerning the enforcement process in situations where the respondent
to a complaint is a foreign state, a political subdivision of a foreign
state, a head of state or other foreign official acting in his or her
official capacity, or an agency or instrumentality of a foreign state.
DATES: The procedure is adopted as of March 3, 2022.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Mark Knop, Assistant
General Counsel, 1050 First Street NE, Washington, DC 20463, (202) 694
1650 or (800) 424 9530.
SUPPLEMENTARY INFORMATION: This procedure requires the Commission to
adopt a supplemental notification process in matters involving foreign
state respondents.
In all enforcement matters in which a foreign state, political
subdivision of a foreign state, a head of state or other foreign
official acting in his or her official capacity, or any agency or
instrumentality of a foreign state is identified as a respondent, the
Office of General Counsel (``OGC''), prior to issuing the notification
letters required by 52 U.S.C. 30109(a)(1), will notify the Office of
the Legal Adviser at the Department of State (``Department'') of the
receipt of the complaint and of the Commission's statutory notification
obligations. This procedure does not alter the Commission's statutory
obligation to issue notification letters to respondents within the
period required by 52 U.S.C. 30109(a)(1).
In such matters, OGC will provide a simultaneous report to the
Commission concerning the notification to the Department and will
promptly inform the Commission of any subsequent communications between
OGC and the Department.
Within forty-five days of receiving a complaint naming a foreign
state respondent, OGC will make a recommendation to the Commission as
to whether consultation with the Department is appropriate to obtain
its views concerning any legal or factual question presented by the
matter.
This notification represents a general statement announcing the
general
[[Page 11951]]
course of action that the Commission intends to follow. This rule of
agency procedure does not constitute an agency regulation requiring
notice of proposed rulemaking, opportunities for public participation,
prior publication, and delay in effective date under 5 U.S.C. 553 of
the Administrative Procedure Act (``APA''). The provisions of the
Regulatory Flexibility Act, 5 U.S.C. 605(b), which apply when notice
and comment are required by the APA or another statute, are not
applicable.
Dated: February 18, 2022.
On behalf of the Commission,
Allen J. Dickerson,
Chairman, Federal Election Commission.
[FR Doc. 2022-04358 Filed 3-2-22; 8:45 am]
BILLING CODE 6715-01-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.