[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR73.1]

[Page 299]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 73--NOTIFICATIONS TO THE ATTORNEY GENERAL BY AGENTS OF FOREIGN GOVERNMENTS--Table of Contents
 
Sec. 73.1  Definition of terms.

    (a) The term agent means all individuals acting as representatives 
of, or on behalf of, a foreign government or official, who are subject 
to the direction or control of that foreign government or official, and 
who are not specifically excluded by the terms of the Act or the 
regulations thereunder.
    (b) The term foreign government includes any person or group of 
persons exercising sovereign de facto or de jure political jurisdiction 
over any country, other than the United States, or over any part of such 
country, and includes any subdivision of any such group or agency to 
which such sovereign de facto or de jure authority or functions are 
directly or indirectly delegated. Such term shall include any faction or 
body of insurgents within a country assuming to exercise governmental 
authority whether such faction or body of insurgents has or has not been 
regarded by the United States as a governing authority.
    (c) The term prior notification means the notification letter, 
telex, or facsimile must be received by the addressee named in Sec. 73.3 
prior to commencing the services contemplated by the parties.
    (d) When used in 18 U.S.C. 951(d)(1), the term duly accredited means 
that the sending State has notified the Department of State of the 
appointment and arrival of the diplomatic or consular officer involved, 
and the Department of State has not objected.
    (e) When used in 18 U.S.C. 951(d) (2) and/or (3), the term 
officially and publicly acknowledged and sponsored means that the person 
described therein has filed with the Secretary of State a fully-executed 
notification of status with a foreign government; or is a visitor, 
officially sponsored by a foreign government, whose status is known and 
whose visit is authorized by an agency of the United States Government; 
or is an official of a foreign government on a temporary visit to the 
United States, for the purpose of conducting official business internal 
to the affairs of that foreign government; or where an agent of a 
foreign government is acting pursuant to the requirements of a Treaty, 
Executive Agreement, Memorandum of Understanding, or other understanding 
to which the United States or an agency of the United States is a party 
and which instrument specifically establishes another mechanism for 
notification of visits by agents and the terms of such visits.
    (f) The term legal commercial transaction, for the purpose of 18 
U.S.C. 951(d)(4), means any exchange, transfer, purchase or sale, of any 
commodity, service or property of any kind, including information or 
intellectual property, not prohibited by federal or state legislation or 
implementing regulations.