PocketLaw | Illinois Compiled Statutes

Agricultural Foreign Investment Disclosure Act.

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(765 ILCS 50/1) (from Ch. 5, par. 601)

Sec. 1. This Act shall be known as the Agricultural Foreign Investment Disclosure Act.

(Source: P.A. 81-187.)

(765 ILCS 50/2) (from Ch. 5, par. 602)

Sec. 2. For purposes of this Act:

(1) the term "agricultural land" means any land located in this State and used for agricultural, forestry, or timber production purposes, except agricultural land used primarily to meet pollution control laws or regulations, as determined by the Director under regulations to be prescribed by the Director;

(2) the term "foreign government" means any government other than the Federal Government or any government of a State or a political subdivision of a State;

(3) the term "foreign person" means:

(A) any individual:

(i) who is not a citizen or national of the United States;

(ii) who is not a citizen of the Northern Mariana Islands or the Trust Territory of the Pacific Islands; or

(iii) who is not lawfully admitted to the United States for permanent residence, or paroled into the United States, under the Immigration and Nationality Act;

(B) any person, other than an individual or a government, which is created or organized under the laws of a foreign government or which has its principal place of business located outside of all the States;

(i) which is created or organized under the laws of any State; and

(ii) in which, as determined by the Director under regulations which the Director shall prescribe, a significant interest or substantial control is directly or indirectly held:

(I) by any individual referred to in subparagraph (A);

(II) by any person referred to in subparagraph (B);

(III) by any foreign government; or

(IV) by any combination of such individuals, persons, or governments; and

(D) any foreign government;

(4) the term "person" includes any individual, corporation, company, association, firm, partnership, society, joint stock company, trust, estate, or any other legal entity;

(5) the term "Director" means the Director of Agriculture; and

(6) the term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, or any other territory or possession of the United States.

(Source: P.A. 81-187.)

(765 ILCS 50/3) (from Ch. 5, par. 603)

Sec. 3. Foreign persons.

(a) Any foreign person who acquires or transfers any interest, other than a leasehold interest of 10 years or less or a security interest, in agricultural land in this State shall submit a report to the Director of Agriculture not later than 90 days after the date of such acquisition or transfer. Such report shall be submitted in such form and in accordance with such procedures as the Director may require and shall contain:

(1) the legal name and the address of such foreign person;
(2) in any case in which such foreign person is an individual, the citizenship of such foreign person;
(3) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person;
(4) the type of interest in the agricultural land of this State which such foreign person acquired or transferred;
(5) the legal description and acreage of such agricultural land;
(6) the purchase price paid for, or any other consideration given for, such interest; the date the interest in the agricultural land was acquired; the amount of the purchase price or the value of the consideration for the agricultural land yet to be paid; the current estimated value of the agricultural land that is being reported;
(7) in any case in which such foreign person transfers such interest, the legal name and the address of the person to whom such interest is transferred and:

(A) in any case in which such transferee is an individual, the citizenship of such transferee; and
(B) in any case in which such transferee is not an individual or a government, the nature of the legal entity holding the interest, the country in which such transferee is created or organized, and the principal place of business of such transferee;

(8) the agricultural purposes for which such foreign person intends, on the date on which such report is submitted to the Director, to use such agricultural land; and
(9) such other information as the Director may require by regulation.

(b) Any foreign person who holds any interest, other than a leasehold interest of 10 years or less or a security interest, in agricultural land of this State on the day before the effective date of this amendatory Act of 1985 shall submit a report to the Director not later than 180 days after such effective date. Such report shall be submitted in such form and in accordance with such procedures as the Director may require and shall contain:

(1) the legal name and the address of such foreign person;
(2) in any case in which such foreign person is an individual, the citizenship of such foreign person;
(3) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person;
(4) the type of interest in agricultural land of this State which is held by such foreign person;
(5) the legal description and acreage of such agricultural land;
(6) the purchase price paid for, or any other consideration given for, such interest; the date the interest in the agricultural land was acquired; the amount of the purchase price or the value of the consideration for the agricultural land yet to be paid; the current estimated value of the agricultural land that is being reported;
(7) the agricultural purposes for which such foreign person:

(A) is using such agricultural land on the date on which such report is submitted to the Director; and
(B) intends, as of such date, to use such agricultural land; and

(8) such other information as the Director may require by regulation.

(c) Any person who holds or acquires (on or after the effective date of this amendatory Act of 1985) any interest, other than a leasehold interest of 10 years or less or a security interest, in agricultural land at a time when such person is not a foreign person and who subsequently becomes a foreign person shall submit a report to the Director not later than 90 days after the date on which such person becomes a foreign person. Such report shall be submitted in such form and in accordance with such procedures as the Director may require and shall contain the information required by subsection (b) of this Section. This subsection shall not apply with respect to any person who is required to submit a report with respect to such land under subsection (b) of this Section.

(d) Any foreign person who holds or acquires (on or after the effective date of this amendatory Act of 1985) any interest, other than a leasehold interest of 10 years or less or a security interest, in land at a time when such land is not agricultural land and such land subsequently becomes agricultural land shall submit a report to the Director not later than 90 days after the date on which such land becomes agricultural land. Such report shall be submitted in such form and in accordance with such procedures as the Director may require and shall contain the information required by subsection (b) of this Section. This subsection shall not apply with respect to any person who is required to submit a report with respect to such land under subsection (b) of this Section.

(e) With respect to any foreign person, other than an individual or a government, who is required by subsection (a), (b), (c), or (d) of this Section to submit a report, the Director may, in addition, require such foreign person to submit to the Director a report containing:

(A) the legal name and the address of each person who holds any interest in such foreign person;
(B) in any case in which the holder of such interest is an individual, the citizenship of such holder; and
(C) in any case in which the holder of such interest is not an individual or a government, the nature of the legal entity holding the interest, the country in which such holder is created or organized, and the principal place of business of such holder.

(f) With respect to any person, other than an individual or a government, whose legal name is contained in any report submitted under subsection (e) of this Section, the Director may require such person to submit to the Director a report containing:

(A) the legal name and the address of any person who holds any interest in the person submitting the report under this subsection;
(B) in any case in which the holder of such interest is an individual, the citizenship of such holder; and
(C) in any case in which the holder of such interest is not an individual or a government, the nature of the legal entity holding the interest, the country in which such holder is created or organized, and the principal place of business of such holder.

(Source: P.A. 92-16, eff. 6-28-01.)

(765 ILCS 50/4) (from Ch. 5, par. 604)

Sec. 4. (a) If the Director determines that a person:

(1) has knowingly and willfully failed to submit a report in accordance with the provisions of Section 3; or

(2) has knowingly and willfully submitted a report under Section 3:

(A) which does not contain all the information required to be in such report; or

(B) which contains information that is misleading or false;

such person shall be subject to a civil penalty imposed by the Director. The amount of any such civil penalty shall be determined in accordance with the provisions of subsection (b) of this Section. Any such civil penalty shall be recoverable in a civil action brought by the Attorney General.

(b) The amount of any civil penalty imposed by the Director under subsection (a) of this Section shall be such amount as the Director determines to be appropriate to carry out the purposes of this Act, except that such amount shall not, when added to any federal penalty for violation of the Agricultural Foreign Investment Disclosure Act of 1978 (P.L. 95-460), exceed 25% of the fair market value, on the date of the assessment of such penalty, of the interest in the agricultural land of this State with respect to which such violation occurred. The Director shall establish a procedure for refunding any amounts of the civil penalty imposed under this Act which results in the aggregate penalty imposed by this Act and the Agricultural Foreign Investment Disclosure Act of 1978 (P.L. 95-460) exceeding 25% of the fair market value of such land.

(Source: P.A. 81-187.)

(765 ILCS 50/5) (from Ch. 5, par. 605)

Sec. 5. The Director may take such actions as the Director considers necessary to monitor compliance with the provisions of this Act and to determine whether the information contained in any report submitted under Section 3 accurately and fully reveals the ownership interest of all foreign persons in any foreign person who is required to submit a report under such Section.

(Source: P.A. 81-187.)

(765 ILCS 50/6) (from Ch. 5, par. 606)

Sec. 6. A foreign person required to make a report to the Director by Section 3 of this Act shall be in full compliance with this Act if such person files with the Director a copy of the report filed with the Secretary of the United States Department of Agriculture as required by the Agricultural Foreign Investment Disclosure Act of 1978, as enacted by Public Law 95-460.

(Source: P.A. 81-187.)

(765 ILCS 50/7) (from Ch. 5, par. 607)

Sec. 7. Not later than 90 days after the date of the enactment of this Act, the Director shall prescribe regulations for purposes of carrying out the provisions of this Act.

(Source: P.A. 81-187.)

(765 ILCS 50/8) (from Ch. 5, par. 608)

Sec. 8. (a) Except as provided in subsection (b) of this Section, this Act is effective upon its becoming a law.

(b) Section 3 shall become effective on the date on which regulations prescribed by the Director under Section 7 become effective.

(Source: P.A. 81-187.)

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