[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 [www.gpo.gov]
[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