The CES enforces four registration statutes: (1) the Foreign Agents Registration Act of 1938, as amended, 22 U.S.C. § 611 et seq.; (2) the Voorhis Act, 18 U.S.C. § 2386; (3) the Act of August 1, 1956, 50 U.S.C. § § 851 to 857; and (4) the Federal Regulation of Lobbying Act, 2 U.S.C. § 261 et seq.; and a related statute, 18 U.S.C. § 219, which is a conflict of interest provision. The express prior approval of the National Security Division or higher authority must be obtained before prosecution may be initiated under any of these provisions. See JM 9-90.020. In addition, the CES is responsible for the supervision of prosecutions under 2 U.S.C. § 441e, the foreign campaign contribution prohibition. The CES should be consulted before initiating grand jury proceedings, or seeking an indictment or filing an information under these provisions. In addition, the Counterintelligence and Export Control Section or higher authority must be consulted prior to the dismissal of any counts pursuant to the Foreign Agents Registration Act of 1938, as amended 22 U.S.C. § 611 et seq. See JM 9-90.020.

[updated January 2020]