; (C) any officially and publicly acknowledged and sponsored member of the staff of, or employee of, an officer, official, or representative described in paragraph (A) or (B), who is not a United States citizen; or (D) any person engaged in a legal commercial transaction. (5) Rule of construction Notwithstanding paragraph (4)(D), any person engaged in a legal commercial transaction shall be considered to be an agent of a foreign government for purposes of this section if— (A) such person agrees to operate within the United States subject to the direction or control of a foreign government or official; and (B) such person— (i) is an agent of Cuba or any other country that the President determines (and so reports to the Congress) poses a threat to the national security interest of the United States for purposes of this section, unless the Attorney General, after consultation with the Secretary of State, determines and so reports to the Congress that the national security or foreign policy interests of the United States require that the provisions of this section do not apply in specific circumstances to agents of such country; or (ii) has been convicted of, or has entered a plea of nolo contendere with respect to, any offense under section 792 through 799, 831, or 2381 of this title or under section 11 of the Export Administration Act of 1979, except that the provisions of this subsection shall not apply to a person described in this clause for a period of more than 5 years beginning on the date of the conviction or the date of entry of the plea of nolo contendere, as the case may be. (b) Foreign agents registration criminal enforcement (1) Violations; false statements and willful omissions Any person who— (A) willfully violates any provision of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq.) or any regulation thereunder