Nebraska § 4-210 - Acts prohibited; violations; civil penalty; postsecondary educational institution; powers and duties; injunction; Attorney General; powers and duties; political activities; unlawful acts.

§ 4-210. Acts prohibited; violations; civil penalty; postsecondary educational institution; powers and duties; injunction; Attorney General; powers and duties; political activities; unlawful acts.

(1)(a) A person shall not:

(i) Willfully violate any provision of the Foreign Adversary and Terrorist Agent Registration Act or any rule or regulation under the act; or

(ii) In any registration statement, supplement to such statement, or any other document filed with or furnished to the Attorney General under the act, willfully make a false statement of a material fact.

(b) A person who violates this subsection shall be subject to a civil penalty of up to fifty thousand dollars. The total civil penalties a person may be required to pay under this subsection shall not exceed fifty thousand dollars for any violations occurring in the same calendar year. All penalties collected under this section shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.

(2) If a person found to be in violation of subsection (1) of this section is a student, a faculty member, a researcher, or an adjunct or is otherwise employed by or associated with a postsecondary educational institution, such person may be expelled or dismissed from any role with any postsecondary educational institution in Nebraska and may be prohibited from entering any campus of such an institution in this state. It shall be the purview of the postsecondary educational institution to establish appropriate responses to violations of subsection (1) of this section.

(3) Each postsecondary educational institution in Nebraska shall adopt a policy regarding any permanent expulsion and dismissal of persons found to be in violation of subsection (1) of this section.

(4) In any proceeding under the act brought by the Attorney General in which it is alleged that a person is an agent of a foreign principal from an adversary nation or a foreign terrorist organization, the specific identity of the principal shall be alleged and it shall be the burden of the Attorney General to prove such identity.

(5) Failure to file any registration statement or supplements to such statement as required by section 4-204 shall be considered a continuing violation for as long as such failure exists, notwithstanding any statute of limitation or other statute to the contrary.

(6) Whenever, in the judgment of the Attorney General, any person has engaged in any act or practice that constitutes a violation of the Foreign Adversary and Terrorist Agent Registration Act or any rule or regulation under the act, the Attorney General may apply to the district court for an order enjoining such acts or practices or for an order directing compliance. Upon a showing by the Attorney General that such person has engaged in any such acts or practices, the court may issue a temporary or permanent injunction, restraining order, or such other order that it may deem proper.

(7) If the Attorney General determines that a registration statement does not comply with the requirements of the Foreign Adversary and Terrorist Agent Registration Act or the rules and regulations adopted and promulgated under the act, the Attorney General shall notify the registrant in writing, specifying in what respects the statement is deficient. No person shall act as an agent of a foreign principal from an adversary nation or a foreign terrorist organization at any time ten days or more after receipt of such notification without filing an amended registration statement in full compliance with the requirements of the act and the rules and regulations adopted and promulgated under the act.

(8) It shall be unlawful for any agent of a foreign principal from an adversary nation or a foreign terrorist organization required to register under the Foreign Adversary and Terrorist Agent Registration Act to be a party to any contract, agreement, or understanding, either express or implied, with such foreign principal pursuant to which the amount or payment of the compensation, fee, or other remuneration of such agent is contingent, in whole or in part, upon the success of any political activities carried on by such agent.