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3.3. The law about _регистрации foreigners and the Law about _регистрации the persons, had training preparation in system _разведки the foreign state

A little earlier, in June of the same 1940, by the Congress has been accepted still

One registration law which also was actively enough used

Counterspionage in interests of maintenance of safety of the country from the external

Threats.

It is the Law on registration of the foreigners, called also the law

Smith [743]. The law consists of three titles, first of which enters the criminal

Responsibility for appeals to overthrow of the constitutional system of the USA, and

Also for instigation and the propaganda activity directed against the government of the USA or against its activity, also does not contain any registration requirements. Does not contain instructions about obligatory registration and the second title of the law which includes the list of the requirements shown to driving to USA on the basis of the immigration legislation to foreigners, and basically represents amendments and additions to the Law on immigrants from 1917 [744].

Registration requirements contain only in the third title of the law. These requirements concern the persons driving to the USA which do not have the American citizenship. Obligatory registration in the Ministry of Justice is established, in particular, for the persons operating in territory of the USA as the agent of the foreign government. For evasion from registration or for granting at registration of falsehoods by the law punishment under criminal law in the form of imprisonment for the term up to ten years or the penalty to five thousand dollars is established.

The law on registration of foreigners enters also obligatory daktiloskopirovanie foreigners driving to the USA. The exception of registration general rules has been made only for diplomatic and administratively-technicians official representations, officials of the foreign states and some other categories of foreign subjects [745].

In addition to the registration laws named above in 50th years one more act which directly establishes the requirement about registration passage to those persons who on the professional skills can participate in prospecting or subversive activities against the USA is accepted. The Law on registration of the persons, had training preparation in system of investigation of the foreign state 1956 [746] became this law.

Owing to this act of obligatory registration in the Ministry of Justice all persons possessing skills or had training preparation in the field of espionage, counterespionage, sabotage or diversionary activity, or informed on tactics of the foreign state or party on the given questions come under. Without fail persons who serve in prospecting or counterprospecting divisions of the foreign state [747] should be registered also. Infringements as passage of registration or evasion from registration are punished by imprisonment within 5 years or the penalty to 10 thousand dollars. To the persons who do not have citizenship of the USA, according to the Law deportation [748] can be applied also.

The law on registration of the persons, had training preparation in system of investigation of the foreign state, considerably enough differs from the other registration laws used in interests of counterspionage. Such laws as the Law on registration of foreigns agent or the Law on registration of foreigners on character of norms containing in them directly do not specify that they are components of system of maintenance of safety of the American state from external prospecting or subversive activities. Registration measures containing in them formally urged to provide only interests of the state in sphere of is administrative-registration activity.

Though that fact is rather obvious, that the list of subjects of obligatory registration according to these laws of the organisations and persons closely enough korrigiruetsja with interests of maintenance of safety of the state from external threat, nevertheless legally is a question only of drawing up of administrative accounts of the organisations financed and directed from abroad representing the foreign states or the organisations persons or is simple about the foreigners arriving to the USA. The law of 1956 with all evidence especially specific subject who is coming under to registration, - "defines the persons, had training preparation in the field of espionage, counterespionage, sabotage or diversionary activity" [749].

It is actually possible to say that in the Law on registration of the persons, had training preparation in system of investigation of the foreign state of 1956 that fact for the first time is absolutely openly admitted that the registration legislation was actively used and planned to further not less active use in interests of counterprospecting maintenance of safety of the country. This law has designated for the first time as such category of persons coming under to obligatory registration which owing to the vocational training could participate or supervise over the razvedyvatelno-subversive activities of the foreign state directed against the USA, and owing to it represented potential threat of safety of the American state.

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A source: Dundukov Michael Jurevich. INVESTIGATION In the MACHINERY OF GOVERNMENT of the USA (ISTORIKO-LEGAL ASPECT). The dissertation on competition of a scientific degree of the doctor of juridical science. Moscow 2014. 2014

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