Foreign Agents Registration Act

Amidst concern about foreign influence, the Justice Department has ramped up enforcement of the Foreign Agents Registration Act (FARA). While it is understandable that policymakers want to protect U.S. politics from foreign interference, FARA is overly broad and vague. It has been repeatedly “weaponized” to target nonprofits, activists, and others. To address this problem, ICNL has called for better targeting of FARA’s provisions.

Foreign Agents Registration Act

 


 

FARA Primers

A SHORT INTRODUCTION

Nick Robinson, FARA is a Catchall Statute-and That’s a Problem, Lawfare, January 2025

ICNL’s short briefer on the danger of FARA to U.S. civil society, July 2023

Nick Robinson, Fixing the FARA Mess, Just Security, March 16, 2022

IN-DEPTH ANALYSIS

ICNL, “Foreign Agents” in an Interconnected World: FARA and the Weaponization of TransparencyDuke Law Journal (2020)

INFLUENCE ABROAD

ICNL, FARA’s Double Life Abroad (2023)

 


 

INTRODUCED LEGISLATION
S 5131 (Risch) Would amend FARA to provide the Justice Department civil investigatory demand authority in enforcement of the Act, create civil penalties, and increase criminal fines. In cases where a foreign principal is organized under the law of or has its principal place of business or residence in China, Russia, or Iran it would also bar an agent under the Act from avoiding registration by using the exemptions in FARA for commercial activity, activity registered under the LDA, or for activities “not serving predominantly a foreign interest”. The list of countries that trigger this limitation on the use of these exemptions could be changed through a joint resolution of Congress.
HR 8174 (Golden) – Would amend FARA to prohibit anyone who once served as a Member of Congress, senior political appointee, or a U.S. general from engaging in registrable activity.

HR 8176 (Golden) – Would amend FARA to prohibit anyone who once served as a Member of Congress, senior political appointee, or a U.S. general from engaging in registrable activity. It would also require nonprofits to report to the IRS and make public contributions of over $50,000 from a foreign government or political party.

3443 (Rubio) Would amend FARA’s Sec. 613(e) exemption to read “Any person engaging or agreeing to engage only in activities in furtherance of bona fide religious, scholastic, academic, or scientific pursuits or of the fine arts, but only if the activities do not promote the political agenda of a government of a foreign country” (with the underlined provision being added through amendment). It is not clear how “promote” or “political agenda” would be defined.

HR 4545 (Gallagher) / S 2229 (Grassley): Would amend FARA to clarify the obligation of individuals who formerly served as agents of foreign principals to register retroactively as foreign agents under the Act with respect to activities carried out previously on behalf of such foreign principals, and for other purposes.

 
PASSED LEGISLATION

Bills or provisions already enacted into law:

116th Congress:

HR 133 (Cuellar): Banning registered foreign agents from receiving forgivable loans under the paycheck protection program in COVID relief legislation.

115th Congress:

HR 5515 (Thornberry): Creating new disclosure requirements for foreign-based media outlets

PREVIOUSLY INTRODUCED LEGISLATION

Bills or provisions introduced by previous sessions of Congress:

117th Congress:

872 (Cotton) Would amend FARA to add to the list of foreign principals certain social media entities that the President has determined are foreign, controlled by a “foreign entity of concern”, over a certain size, and that has engaged in certain activity like altering its platform under the influence of a foreign entity of concern or shared data of U.S. citizens with that entity. It would also require that any person who was an agent of an “untrustworthy applications and social media” entity to continue to register under FARA for two years after their employment ends.

HR 2484 (Castor) Would require a foreign agent that is a candidate for federal office to certify that their committee and leadership PACs are in compliance with provisions of the same bill that restrict among other measure PACs disbursing funds to relatives of the candidate and regulate how unused funds of the PAC may be disbursed.

1364 (Grassley) Would amend FARA to provide civil investigative demand authority to the Justice Department to enforce FARA; increase criminal fines for violating the Act; require new disclosure of foreign agent status to members of Congress and their staff; provide new civil penalties for failure to properly register; require the Attorney General to develop a comprehensive strategy for enforcing FARA; and require the Comptroller General to both analyze the effectiveness of FARA and audit the use of the Lobbying Disclosure Act FARA exemption.

HR 1819 (Wilson) Would amend the Foreign Agents Registration Act of 1938 to limit the exemption from the registration requirements of such Act for persons engaging in activities in furtherance of bona fide religious, scholastic, academic, or scientific pursuits or the fine arts to activities which do not promote the political agenda of a foreign government, to amend the Higher Education Act of 1965 to clarify the disclosures of foreign gifts by institutions, and for other purposes.

Res. 189 (Bergman) Would ban journalists who work for a media company that has failed to register under FARA after being directed to do so by the Justice Department from access to the U.S. Capitol. Journalists who work for a media company that has registered under FARA would be limited to no more than 10 reporters at the U.S. Capitol. A reporter for any media outlet owned or controlled by a foreign government must undergo a background check by the FBI to gain access to the Capitol.

434 (Cornyn): Would create a new category in FARA of “country of concern” that consists of China, Russia, Iran, North Korea, Cuba, and Syria. Neither the commercial exemption nor LDA exemption in FARA would apply to agents of these countries. This amendment would sunset in 2026.

HR 1 (Sarbanes): To expand Americans’ access to the ballot box, reduce the influence of big money in politics, strengthen ethics rules for public servants, and implement other anti-corruption measures for the purpose of fortifying our democracy, and for other purposes.

HR 337 (Spanberger): To amend the Foreign Agents Registration Act of 1938 to clarify the application to informational materials posted on online platforms by agents of foreign principals of the disclaimer requirements applicable under such Act to informational materials transmitted by agents of foreign principals through the United States mails, and for other purposes.

319 (Wicker): To amend the Foreign Agents Registration Act of 1938, as amended, to strengthen the conspicuous statement required on certain informational materials, and for other purposes.

HR 1419 (Omar): To amend the Foreign Agents Registration Act of 1938 to establish a separate unit within the Department of Justice for the investigation and enforcement of such Act, to provide the Attorney General with the authority to impose civil money penalties for violations of such Act, and to require agents of foreign principals who are registered under such Act to disclose transactions involving things of financial value conferred on officeholders.

HR 665 (Posey): To provide that a former Member of Congress or former senior Congressional employee who receives compensation as a lobbyist representing a foreign principal shall not be eligible for retirement benefits or certain other Federal benefits.

HR 417 (Posey): To provide that a former Member of Congress or former senior congressional employee who receives compensation as a lobbyist shall not be eligible for retirement benefits or certain other Federal benefits.

577 (Rubio): To amend the Foreign Agents Registration Act of 1938 to limit the exemption from the registration requirements of such Act for persons engaging in activities in furtherance of bona fide religious, scholastic, academic, or scientific pursuits or the fine arts to activities which do not promote the political agenda of a foreign government, to amend the Higher Education Act of 1965 to clarify the disclosures of foreign gifts by institutions, and for other purposes.

HR 1535 (Wilson): To amend the Foreign Agents Registration Act of 1938 to limit the exemption from the registration requirements of such Act for persons engaging in activities in furtherance of bona fide religious, scholastic, academic, or scientific pursuits or the fine arts to activities which do not promote the political agenda of a foreign government, to amend the Higher Education Act of 1965 to clarify the disclosures of foreign gifts by institutions, and for other purposes.

687 (Risch): To amend the Foreign Agents Registration Act to allow the President on the Recommendation of the Secretary of State, Secretary of Education, and Attorney General to waive the educational exemption in FARA for an institution of higher education that has received a gift or entered into an agreement with a foreign government. The Act would also allow the President to designate a country a “National Security Concern” and waive the exemptions for foreign principals for up to one year. It would also ban senior State Department officials after retirement from serving as foreign agents of countries designated a national security concern.

HR 3389 (Gallagher): Amending FARA to prohibit certain individuals from service as an agent of a foreign principal. 

1724 (Grassley): Amending FARA to provide Civil Investigative Demand authority and other powers to the Justice Department to enforce FARA.

1754 (Cotton): Amending FARA to repeal the exemption from registration for persons providing private and nonpolitical representation of trade and commercial interests, and the exemption from registration under such Act for persons filing disclosure reports under the Lobbying Disclosure Act of 1995, in connection with the representation of companies based in China.  

HR 5859 (Buck)/S 3172 (Lummis): Requires that the Justice Department create a standardized structured digital format for FARA registrants.

HR 7264 (Budd): Would amend FARA to require that those who receive funding or anything of value from Russian foreign principals register as a foreign agent under the Act.

HB 4847 (Porter): Would repeal the LDA exemption in FARA; add a requirement for the Attorney General to approve individual cases of the legal exemption; create new requirements for labeling of online material covered by FARA; provide the Attorney General civil investigative demand authority, and civil penalties to enforce the Act; create registration fees to cover the cost of the FARA unit; establish a FARA investigation and enforcement unit within the Justice Department; and require the Justice Department to come up with a comprehensive enforcement strategy for FARA.

HR 1806 (Golden): Would ban former members of Congress, senior political appointees, or general or flag officers of the U.S. military from engaging in conduct that would require registration under FARA.

S 3165 (Bennet): Would require anyone who is a registered foreign agent who is running for federal office to certify that each authorized committee and leadership PAC is in compliance with the Federal Election Campaign Act.

HR 2055 (Quigley): Would eliminate the LDA exemption in FARA.

S 1311 (Cotton): Would require any person “associated with a foreign talent recruitment program of the People’s Republic of China, either as a recruiter or recruit” to register under FARA.

S 1479 (Rubio): Would create new labeling requirements for those registered under FARA.

S 4901 (Cornyn): Would amend FARA to exclude agents of “foreign adversaries” from the commercial and LDA exemptions of FARA. “Foreign adversaries” as defined in the bill currently include through Executive Order the governments of China, Russia, Cuba, and North Korea.

HR 9199 (Pfluger) Amends FARA so that the exceptions to registering for commercial activity or if one is registered under the Lobbying Disclosure Act do not apply if one is an agent of a “country of concern”, which are defined as China, Russia, Iran, North Korea, Cuba, and Syria.

HR 9140 (Wilson) Amends FARA to prohibit any person from receiving compensation to be an agent of a “foreign adversary”. Foreign adversary is defined by the Secretary of Commerce pursuant to any executive order, law, or regulation in effect at the time. An additional penalty is added to FARA for violating receiving compensation from a foreign adversary, which is paying an amount equal to or up to twice the compensation received from the foreign adversary.

116th Congress:

HR 1 (Sarbanes)
HR 867 (Castro)
HR 1467 (Omar)
HR 1566 (Jayapal)
480 (Rubio)
HR 1522 (Gallagher)
HR 1612 (Fitzpatrick)
949 (Udall)
987 (Coons)
HR 5122 (Buck)
1762 (Grassley)
HR 5733 (Moulton)
3313 (Rubio)
4207 (Harris)
HR 8464 (Spanberger)
4272 (Risch)

115th Congress:

House Bill 4170 (Johnson)
Senate Bill 2482 (Feinstein/Cornyn)
Senate Bill 2039 (Grassley)
Senate Bill 625 (Shaheen/Young)
Senate Bill 1679 (Duckworth)
HR 585 (DeFazio)
HR 2811 (Cicilline)
HR 5354 (Moultan)
Senate Bill 2583 (Rubio)
HR 5336 (Wilson)
HR 6010 (Smith)
HR 6248(Kaptur)
Senate Bill 3274 (Bennet)
HR 6533 (Sarbanes)

 


 

FARA Investigations & Enforcement

advisory opinions and FARA ENFORCEMENT BY THE JUSTICE DEPARTMENT

2024

Justice Department Advisory Opinion requiring that a media and press consultant for a foreign based religious organization must register under FARA. The advisory opinion finds the consultant must register because it is engaging in “political activities”, as a “publicity agent”, and as an “information service employee” under FARA on behalf of the foreign based religious organization. It finds the religious exemption in FARA does not apply because some of the covered activities are “political activities” that “extend beyond religious pursuits”. These include positioning the leader of the religious organization “as an independent, transformative religious leader who can help foster interfaith cooperation among U.S. religious and social institutions” and be an outspoken advocate for religious tolerance. By taking actions to enhance the leader’s “image” in the U.S. media rather than just furthering religious pursuits, it finds this qualifies as “political activities”. February 29, 2024.

Justice Department Advisory Opinion that finds a U.S. nonprofit does not have to register under FARA for receiving a grant from a foreign nonprofit. The advisory opinion found that the U.S. nonprofit was exempt under the “activities not serving predominantly a foreign interest” exemption (22 U.S.C. § 613(d)(2)) because it had demonstrated that (1) activities relating to the grant were “directly in furtherance of objectives” of the U.S. nonprofit; (2) the U.S. nonprofit’s activities “were not significantly influenced” by the foreign donor; and (3) the U.S. nonprofit’s “activities were not directed by and did not directly promote the public or political interests of a foreign government or foreign political party.” March 14, 2024

Justice Department Advisory Opinion requiring that a U.S. entity register under FARA for soliciting [redacted] from a foreign government office and disseminating [redacted] from a foreign government office on social media and distributing [redacted] to the U.S. entities volunteers. The U.S. entity is also planning to invite foreign political party members to [redacted] for their volunteers. As such, even though the U.S. entity claims it is not acting at the order or request or under the direction or control of a foreign government or political party, “there is sufficient agency relationship in this matter to satisfy FARA’s requirements.” The U.S. entity’s “coordination” with the foreign political party and government “on activities that directly advance those foreign principals’ interests demonstrates that” the U.S. entity “is assuming or purporting to act as an agent or a representative of” the foreign political party and/or foreign government office under FARA. March 25, 2024.

Justice Department advisory opinion finding that an overseas foreign volunteer of a U.S. nonprofit that planned to lobby Congress did not have to register. The U.S. nonprofit also did not have to register because it was not acting at the direction, control, order or request of the foreign volunteer. Rather the volunteer was acting on behalf of the U.S. nonprofit. May 10, 2024

Justice Department advisory opinion rejecting a U.S. law firm’s claim that it qualifies for FARA’s legal exemption. A foreign nonprofit had created a fee arrangement with the U.S. law firm to represent US organizations in litigation against corporations responsible for a specific issue (the issue is redacted in the opinion). The Department finds that since the goal of the litigation is to influence policy in the U.S. under the direction of the foreign nonprofit that the law firm would be engaging in registrable “political activities” under FARA. Since the foreign nonprofit would not be the plaintiff of the law firm, but instead U.S. organizations would be, the legal exemption does not apply. June 24, 2024

Justice Department advisory opinion finding a journalist did not have to register for attending a conference in another country at the invitation of a foreign government. The government will pay expenses to the conference, but not additional compensation. The government is not pushing the journalist to write on any topic. As such, they are not required to register as long as the journalist does not act at the direction, order, or request of the foreign government when they return and are not “under obligation” to the foreign government to act in a specific manner after they return. August 22, 2024

Justice Department advisory opinion finding that a consultant to a foreign foundation does not have to register for working on branding and other tasks because the work will take place entirely abroad and the intended audience is not within the United States. September 20, 2024

2023

Justice Department Advisory Opinion finding that a U.S. nonprofit does not have to register under FARA for sending retired U.S. military officers to lecture foreign government officials in another country; sending 40 Americans to train first responders in the country; or lobbying Congress to enhance this country’s security posture. The U.S. nonprofit is engaging in these activities on its “own initiative”, and not at the request of a foreign government or foreign principal. As such, no agency relationship is created between the U.S. nonprofit and the foreign government. May 24, 2023

Justice Department Advisory Opinion finding that a U.S. nonprofit that delivers foreign language courses had to register under FARA for proposed activities on behalf of a foreign association funded by a foreign government. The U.S. nonprofit would enter into a contract with the foreign association to provide funding for cultural center projects. The advisory opinion finds that the requirements in the contract, including that historical topics are linked to current issues, constitutes “political activities” under FARA. As such, while the U.S. nonprofit claims its activities are subject to the Section 613(e) exemption for activities “in furtherance of the bona fide religious, scholastic, academic, or scientific pursuits or of the fine arts”, the advisory opinion finds they do not qualify because they are “political activities”.  June 12, 2023

Justice Department Advisory Opinion finding that a consulting firm does not have to register under FARA for its work with an international humanitarian agency, which is funded by foreign governments from around the world. The consulting firm plans to engage with members of Congress to increase their awareness of the agency’s work and to increase U.S. government funding of the agency. The international humanitarian agency is a foreign principal under the Act and the consulting firm would be acting as their agent to influence U.S. government policy. The consulting firm though is exempt from registering because its activities fall under Section 613(d)(2) of “[a]ny person engaging or agreeing to engage only . . . in other activities not serving predominantly a foreign interest.” The advisory opinion finds that “Because [consulting firm]’s activities on behalf of the [international humanitarian agency] are neither directed by a foreign government or foreign political party nor intended to promote the interests of either” they fall under the exemption. The advisory opinion further finds that the consulting firm does not meet the requirements of 613(d)(3)’s exemption for soliciting funds for medical aid or food or clothing because its work also includes broader advocacy on behalf of the humanitarian agency.  July 6, 2023

Justice Department Advisory Opinion finding that a U.S. entity does not have to register under FARA for work on behalf of a foreign nonprofit that acts as a voice for interfaith relations with other religions. The U.S. entity’s activities for the foreign nonprofit, including helping set up and publicize a U.S. event for foreign dignitaries and religious figures on “the role of faith in bridging social divides”, would qualify it as a “publicity agent” and “information-service employee” under FARA. However, the U.S. entity’s activity qualifies for the religious exemption under 613(e) because according to the advisory opinion the foreign nonprofit is a religious organization that does not advocate policy positions or endorse candidates and the U.S. entity’s activities will consist of providing logistical support for events. July 7, 2023

Justice Department Advisory Opinion finding that a nonprofit must register under FARA if it receives funding from an agency of a foreign government for a proposed initiative in the United States. The initiative would provide a criminal defense program to nationals of the foreign country in the United States and train the foreign government’s consular officials on legal processes. The initiative will also include a community outreach component in the United States. The opinion finds that if the nonprofit pursued this initiative it would engage in “political activities” under FARA in its criminal defense program and its outreach activities would constitute “public relations counsel” under FARA. Further, its training of consular officials of law would constitute being a “political consultant” under FARA and if the nonprofit received funding from the foreign government and disbursed those funds it would also be “collecting, disbursing, and dispensing” in the interests of a foreign country, which is a registrable activity under FARA. September 29, 2023

Justice Department Advisory Opinion requiring that the U.S. chapter of a foreign political party register under FARA. The U.S. chapter would be operating under “the authority” of the foreign political party and would be engaging in “political activities”, as a “public relations counsel”, as an “information service employee”, and would solicit or collect donations in the United States (all registrable activities under FARA). December 19, 2023.

Justice Department Advisory Opinion finding that a U.S. nonprofit working on atrocity crimes would have to register under FARA for proposed engagements with a foreign government office. An employee of the foreign government office and the U.S. nonprofit had discussed multiple areas where the U.S. nonprofit could provide support, including providing the foreign government with information about violators, conducting research to better understand the impact of sanctions, and other informational packages. The U.S. nonprofit would also conduct trainings in the foreign country for police, prosecutors, and national judges. The parties have contemplated a Memorandum of Understanding where the U.S. nonprofit would retain discretion about what information, if any, it would provide the foreign government and the foreign government would not pay any money to the U.S. nonprofit. The U.S. nonprofit would also provide information to the State Department and Treasury Department about what entities may be subject to sanctions, based entirely on information that the U.S. nonprofit decides to provide. The advisory opinion finds that the U.S. nonprofit’s submissions to the U.S. government is registrable content even though the U.S. nonprofit says it would not be directed or controlled by the foreign government. The advisory opinion claims there is an agency relationship with the foreign government because in discussions the U.S. nonprofit agreed to train officials and provide information, and so “has agreed to act under the control of the [foreign] entities.” The advisory opinion finds it is “irrelevant” that the foreign government is not directing the U.S. nonprofit’s submission to the U.S. government “because under the plain language of the statute, once an agency relationship is established, there is no requirement that the registrable content be specifically directed by the foreign principal.” In this case, the U.S. nonprofit would likely report the same conduct to the foreign government and U.S. government and “these political activities would clearly benefit its foreign principals.”  December 21, 2023

2022

Justice Department Advisory Opinion finding that a U.S. nonprofit with foreign members on its advisory council did not have to register under FARA. Although the nonprofit did engage with U.S. government officials, including members of Congress, its board and officers were all U.S. citizens and it was not acting on behalf of a foreign principal, but rather on “behalf of the organization itself”. September 20, 2022

Justice Department Advisory Opinion requiring a research and consulting firm to register for entering into a contract for a retainer with a foreign nonprofit (that is partly funded by the U.S. government) in which the U.S. firm would facilitate meetings and new partnerships in the U.S., including with U.S. government officials. Also requiring registration of the U.S. consulting firm for entering into a contract with a collaboration between a foreign government and a consortium of six domestic and foreign nonprofits in which the U.S. firm would support outreach activities directed toward U.S. policymakers. Further requiring registration for the U.S. firm for entering into a contract with a foreign government to conduct a study of analyses prepared by a U.S. government agency to help foster bilateral exchange and cooperation between the U.S. and the foreign government. In each case, the FARA unit found that the U.S. firm was engaging in “political activities” for a foreign principal under FARA. April 12, 2022

Justice Department Advisory Opinion finding that the Vice President of Government Relations of a foreign university that received no funding from the foreign government needed to register under FARA. As part of their job description, the Vice President would be managing relations with the U.S. Government for the University, including seeking grant funding from the State Department. The Justice Department found the academic or scholastic exemption did not apply because the conduct would constitute “political activities.” January 12, 2022

2021

Justice Department Advisory Opinion finding that a U.S. diaspora group had to register as a foreign agent if it acted at the request of a foreign political party to “distribute materials, merchandise or information” or conduct fundraising activities for the foreign political party. October 24, 2021

Justice Department Advisory Opinion finding that a U.S. nonprofit peace and conflict advisory organization needed to register for receiving a grant from a foreign government to work on a project to build the capacity of civil society and women members of a political faction in a foreign country. While most of the work would be abroad, the funding agreement allotted resources for travel for members of the foreign political faction to the U.S. to foster a “[g]reater public profile” of those members. The Justice Department found this would be “political activities” under FARA. Despite the organization’s claim that the grant was “no strings attached”, the Justice Department found an agency relationship was created under FARA because the funding agreement is predicated on the organization undertaking and fulfilling the objectives filled out in the funding agreement, including through submitting a final narrative report. October 15, 2021

Justice Department Advisory Opinion finding that an independent non-profit global charity that engaged in exchange programs had to register that was originally founded by a foreign government to increase global goodwill towards the country. The Justice Department found that many of the activities the organization engages in could fall under FARA’s exemption for activities “in furtherance of bona fide religious, scholastic, academic or scientific pursuits or of the fine arts.” However, these activities could also be considered “political activities” under the Act because they either attempted to influence U.S. public opinion on changing domestic or foreign policy or to influence U.S. public opinion with reference to relations with a foreign government. As such, they are not exempted. October 8, 2021

Justice Department Advisory Opinion that draws on FARA’s legislative history to find that a “political consultant” would only be required to register if they are engaged in “political activities”, substantially narrowing the definition of “political consultant” under FARA. July 19, 2021

Justice Department Advisory Opinion that finds a group does not need to register under FARA that works with individuals both in the U.S. and overseas to oppose and eventually replace a foreign government because the group does not undertake activities “at the order, request, or under the direction or control” of any foreign principal. July 7, 2021 

Justice Department Advisory Opinion that replaces and clarifies an earlier advisory opinion, dated December 31, 2019, that found that a legal department of a US organization had to register under FARA for representing a foreign government. Like the older advisory opinion, the new opinion notes that the legal exemption in section 613(g) of FARA does not cover all of the legal department’s planned activities, including providing “factual responses to media inquiries about the litigation”, issuing “press releases containing facts regarding the litigation”, and engaging in “press conferences” regarding their representation of their client. The new advisory opinion further directs the registrant to a new FAQ entry on the Justice Department’s website that makes clear the legal exemption “may include an attorney’s activities outside [legal] proceedings so long as those activities do not go beyond the bounds of normal legal representation of a client within the scope of that matter.” This opinion has potential implications for nonprofits that represent foreign clients in US courts. Jan. 5, 2021

2020

Marc Tracy and Lara Jakes, U.S. Orders Al Jazeera affiliate, AJ+, to Register as Foreign AgentNew York TimesSept. 15, 2020

Justice Department Advisory Opinion that found a law firm did not have to register for assisting a foreign pro-democracy council open a U.S. bank account, review vendor contracts, and set up a non-profit, as long as the work remained “corporate and administrative” in nature. July 31, 2020.

Justice Department memo on the “Scope of Agency under FARA”. The agency definition in FARA is one of the vaguest and most controversial provisions of the Act. May 2020

Justice Department Advisory Opinion that found a US environmental nonprofit needed to register even though the nonprofit stated it was not “directed” or “controlled” by a foreign principal. The nonprofit had received a grant from a foreign government to undertake a project that sought to change the product sourcing practices of companies in their use of natural resources outside the United States. The nonprofit met with US government officials and corporations to further these ends. March 13, 2020

2019

Justice Department Advisory Opinion requiring US foundation to register under FARA for preparing banners with the names of foreign foundations that would be carried at an event in the US. The opinion also discusses whether the US foundation needed to register for arranging attendance of foreigners at social events in the US and posting content on its website about the foreigners’ visit, as well as the limitations of the religious exemption. Nov. 19, 2019

Justice Department Advisory Opinion that found that a US policy advisory group did not have to register for work for an international not-for-profit organization headquartered abroad because it fell under the Lobbying Disclosure Act (LDA) exemption of FARA. The work included gathering political intelligence and identifying policymakers. The international organization was not connected with any foreign government. The public relations firm was already registered under the LDA for its work with the international not-for-profit organization. Oct. 17, 2019

Justice Department Advisory Opinion that found a consultant did need to register for working for a foreign foundation. The consultant did not engage in lobbying for the foreign foundation but did engage in outreach for the foundation to institutions and individuals in the United States to engage on issues of economic development, democracy, and good governance. Aug. 6, 2019

Justice Department Advisory Opinion requiring a public relations firm to register under FARA because it engages in advocacy work for US nonprofits that are funded by a foreign government and directed at influencing US corporations’ behavior abroad. July 10, 2019

Justice Department Advisory Opinion that found a consulting firm did not have to register for work for a foreign nonprofit organization to support the candidacy of an individual to a UN position. None of the outreach was to US government officials or the US public. May 9, 2019

Justice Department Advisory Opinion that found a US organization dedicated to furthering the interests of a diaspora community needed to register. The organization engaged in political activities, and although it was not directed or controlled by a foreign government, it received 30-50% of its funding from the government from which the diaspora community emigrated.  April 4, 2019

2018

John Bowden, DOJ orders two Chinese state-run media organizations to register as foreign agents, The Hill, Sept. 18, 2018

Justice Department Advisory Opinion that found a US organization did not have to register that was engaged in a dialogue between the US government and a foreign government to seek the release of an incarcerated individual by the foreign government. The advocacy was “humanitarian in nature” and there was no agency relationship with a foreign principal. Feb. 13, 2018

2017

Letter from Justice Department to RT TV America requesting that they register under FARA. Aug. 17, 2017

LETTERS FROM MEMBERS OF CONGRESS

Letter from Ranking Member Ted Cruz of the Senate Committee on Commerce, Science, and Transportation to the U.S. Attorney General asking for documents about whether “the UK-based non-profit Centre for the Governance of Artificial Intelligence” has registered under the Foreign Agents Registration Act (FARA) and for the Justice Department’s “communications with the Centre or other ‘foreign counterparts’ as part of the DOJ’s ‘Justice AI’ initiative.” The letter states that the Centre is a UK-based organization and so a foreign principal under FARA. It claims the organization engaged in “political activities” under FARA, including co-hosting a conference in San Francisco on “frontier AI safety frameworks” and providing public comments to the U.S Government in request for information regarding national AI policies. (November 21, 2024)

Letter from Representatives Jim Banks, Elise Stefanik, Carlos Gimenez, and Robert Wittman urging the Justice Department to investigate current and former leaders of the Henan Association of Eastern America for alleged violations of FARA and urging the Secretary of State to designate the group as a foreign mission for alleged ties to the Chinese Communist Party. (Oct. 28, 2024)

Letter from Senators Grassley, Ernst, Cruz, and Scott requesting that the Justice Department and FBI investigate the National Students for Justice in Palestine, and affiliated student chapters, for potential violations of the Foreign Agents Registration Act (FARA). (October 8, 2024)

Letter from Senator Lindsay Graham (Ranking Member of the Senate Judiciary Committee) and Senator Marco Rubio (Vice Chairman of the Senate Select Committee on Intelligence) to the U.S. Attorney General calling on the Justice Department to investigate 18 U.S. nonprofits for potential violations of FARA for allegedly accepting money from Neville Roy Singham, an American philanthropist based in China. The letter claims that Singham has “been funding and supporting various extremist entities in the United States with the express aim of causing havoc in our country” including “not only far-left, pro-CCP entities, but also radical, antisemitic entities” including those engaged in Pro-Palestine protests. (July 10, 2024)

Letter from Chairman Comer to the Justice Department stating that the House Oversight Committee is exercising oversight over the administration and enforcement of FARA by the Department. The letter claims the Department has considered extralegal factors in passing on or delaying enforcement of FARA against Al Jazeera and Tik Tok. It requests information from the Department about its enforcement practices, including in relation to these two entities. (Feb. 8, 2024)

Letter from Representatives Stefanik, Banks, and Waltz asking the Justice Department to investigate the International Crisis Group for potential FARA violations for its alleged connections with the Iranian government. (Feb. 5, 2024)

Letter from Senator Grassley and ten other U.S. Senators to the Attorney General calling on the Justice Department to investigate whether Chinese Students and Scholars Associations (CSSAs) operating on U.S. university campuses should register under FARA. (Dec. 8, 2023)

Letter from Representatives Josh Gottheimer and Don Bacon to the Attorney General requesting the Justice Department provide an update on its FARA enforcement actions against AJ+ and urging the Department require Tiktok to register under FARA because of its connections to China and noting its alleged anti-Israel bias. (Nov. 8, 2023)

Letter from Senator Rubio to Attorney General Garland asking the Justice Department to investigate nine U.S. nonprofits for potentially being foreign agents of the Chinese communist party for allegedly receiving money from Neville Roy Singham. (August 8, 2023)

Letter from Representative Comer and Senator Cruz to the Justice Department asking them to provide information regarding potential FARA registration of prominent U.S. environmental nonprofits and funders for their alleged connections to China. (August 3, 2023)

Letter from nine members of House of Representatives to the Justice Department detailing alleged influence of Iranian government at certain U.S. mosques and asking how the Department is using FARA to “go after” the alleged influence of the Iranian regime in the U.S. (July 28, 2023)

Letter from three members of Congress calling on House leadership to suspend the press credentials of Al Jazeera at the U.S. Capitol for failing to register under FARA. (February 2, 2023)

Letter from Senator Chuck Grassley and three other U.S. Senators asking why the Justice Department has not required the Brookings Institution to register under FARA because of funding it has received from the government of Qatar to develop the Brookings Doha Center. (August 16, 2022)

Letter from Representative Chip Roy asking the Justice Department to investigate whether LIV Golf is in violation of FARA because of its funding from the Government of Saudi Arabia and use of LIV Golf to enhance the government’s brand. (July 11, 2022)

Letter from Senator Chuck Grassley and four other U.S. Senators asking the Justice Department why Al Jazeera Media Network, AJ+, and Rightly have not yet registered under FARA. (July 1, 2021)

Letter from Senator Chuck Grassley asking the Justice Department to investigate whether Hunter Biden should have registered as a foreign agent for his connections with CEFC China Energy Co. Ltd. (Nov. 9, 2020)

Letter from Senator Loeffler asking the Justice Department to investigate the use of U.S. nonprofit organizations by the Chinese government to interfere with or influence U.S. elections or policy. The letter does not name any specific U.S. nonprofit suspected of this activity but does call for any entity that has engaged in lobbying or “political activity” that has received Chinese funds to be reviewed for any potential violation of the Foreign Agents Registration Act. (October 8, 2020)

Letter from Representative Gooden to the Environmental Protection Agency (EPA) asking them to investigate whether environmental groups should have to register under FARA because of allegations that they were receiving foreign funding from either Russia or China and engaging in political activities in the US. (Oct. 8, 2020)

Letter in response from EPA Administrator Andrew Wheeler stating that they will refer the matter to the Justice Department’s FARA Unit. (Oct. 26, 2020)

Letter from Senator Tom Cotton and Representative Mike Gallagher asking the Justice Department to investigate whether lobbyists for Chinese technology companies have to register under FARA after they were designated as Chinese military firms (September 15, 2020)

Letter from Representative Liz Cheney asking the Justice Department to investigate whether U.S. environmental groups are conduits of “foreign influence” because she claims their “anti-fracking” agendas align with the interests of Russia and China (September 4, 2020)

Letter from Senator Robert Menendez asking the Justice Department to investigate whether former Congressman David Rivera should have registered as a foreign agent for past work in relation to Venezuela (May 18, 2020)

Letter from Senate Minority Leader Charles Schumer asking the Justice Department to investigate whether Acting Director of National Intelligence Richard Grenell should have registered as a foreign agent for past work (Feb. 25, 2020)

Letter from 8 Senators and 27 Representatives calling on the Justice Department to investigate alleged violations of FARA by China Daily (Feb. 6, 2020)

Letter from Representative Banks requesting Justice Department respond whether Xinhua News Agency should register as a foreign agent (Jan. 22, 2020)

Letter from Senators Cotton, Cruz, and Braun requesting Justice Department investigate the National Iranian American Council (Jan. 13, 2020)

Letter from Sen. Rubio to Justice Department to investigate former Secretary of State John Kerry (Sept. 18, 2018)

Letter from 18 House members and 1 Senator requesting Justice Department investigate Al Jazeera (March 6, 2018)

Letter from 7 U.S. Senators requesting Justice Department investigate Chinese media organizations (Jan. 16, 2018)

2023-2024 HOUSE NATURAL RESOURCES COMMITTEE INVESTIGATION OF ENVIRONMENTAL NONPROFITS

In 2023, the House Natural Resource Committee announced it was investigating potential foreign influence of U.S. environmental nonprofits to influence the country’s environmental, natural resources, and energy policies. Among other allegations, the Committee is investigating whether these groups should have registered under FARA.

Letter to League of Conservation of Voters (June 20, 2023)
Letter to League of Conservation of Voters (October 30, 2023)
Letter to Code Pink (November 16, 2023)

2018 HOUSE NATURAL RESOURCES COMMITTEE INVESTIGATION OF ENVIRONMENTAL NONPROFITS

In 2018, as part of an investigation into foreign influence of U.S. environmental nonprofits, the House Natural Resources Committee investigated whether four prominent U.S. environmental organizations needed to register as “foreign agents” under FARA. The investigation ended when Democrats took over the Committee in 2019.

Letter to Earthjustice (Oct. 1, 2018)
Letter to World Resources Institute (Sept. 5, 2018)
Letter to Center for Biological Diversity (June 20, 2018)
Letter to NRDC (June 5, 2018) (and here, July 16, 2018)

 


 

State FARA Legislation

INTRODUCED STATE LEGISLATION

OK SB 960. Would require anyone who is an agent of a foreign principal from a “country of concern” to register with the Oklahoma State Attorney General. A foreign principal includes a foreign government, company, organization, or individual. Country of concern is defined to be any country designated by the U.S. Secretary of State as “hostile” or a country of concern, which currently includes China, Pakistan, Nicaragua, North Korea, and several other countries. It nearly verbatim copies FARA’s agency definition, including if one acts at the “request” of a foreign principal. The covered activities are almost identical to FARA, such as engaging in political activities, soliciting or disbursing things of value, or acting as a publicity agent. It does not contain most of the exemptions in FARA, including for commercial, religious, academic, or humanitarian activity. It also has extensive labeling requirements for those who register. Failure to register is punishable by a $1,000 fine or 5 years imprisonment.

NY A 1302. Prohibits a person who has ever been a “foreign agent” from holding civil office. “Foreign agent” is defined as a “person who acts at the order, request, or under the direction or control of a foreign organization or person outside of the United States or are controlled or subsidized in major part by a foreign government, organization, or person outside the United States.”

Indiana HB 1032. Would require anyone who is an agent of a foreign principal from a “country of concern” to register with the Oklahoma State Attorney General. A foreign principal includes a foreign government, company, organization, or individual. Country of concern is defined to be Burma, China, Cuba, Eritrea, Iran, Nicaragua, Pakistan, Saudi Arabia, Turkmenistan, and other countries. It nearly verbatim copies FARA’s agency definition, including if one acts at the “request” of a foreign principal. The covered activities are almost identical to FARA, such as engaging in political activities, soliciting or disbursing things of value, or acting as a publicity agent. It does not contain most of the exemptions in FARA, including for commercial, religious, academic, or humanitarian activity. It also has extensive labeling requirements for those who register. Failure to register is punishable by a $100,000 fine or 2.5 years imprisonment.

PREVIOUSLY INTRODUCED STATE LEGISLATION

WV HB 5043. Would require an agent of a foreign principal to register with the Secretary of State of West Virginia. Foreign principal is defined to include any foreign government, organization, company, or individual. It nearly verbatim copies FARA’s agency definition, including creating an agency relationship if one acts at the “request” of a foreign principal. It also nearly verbatim copies FARA’s covered activities, such as engaging in political activities, soliciting or disbursing things of value, or acting as a publicity agent. It also closely copies FARA’s exemptions. It copies many of FARA’s disclosure requirements. Willful failure to register or filing a false statement of material fact is punishable by a $5,000 fine and three months imprisonment on the first offense, a $10,000 fine and 6 months imprisonment on the second offense, and a fine of up to $100,000 and up to 1 year imprisonment. (passed House)

AZ HB 2506 Would require the anyone acting as an agent of a foreign principal of a country of concern to register with the state attorney general’s office. Foreign principal is defined to include a foreign government or foreign corporation or association. Country of concern is defined to include China, Cuba, Iran, North Korea, Russia, Saudi Arabia, and Venezuela. It uses an agency definition close to FARA’s, including if one acts at the “request” of a foreign principal. It also includes many of the same covered activities as FARA, such as engaging in political activities, soliciting or dispensing things of value, or acting as a publicity agent. However, it does not define these activities in the bill, creating potential confusing. It does not contain most of the exemptions in FARA, including for commercial, religious, academic, or humanitarian activity. Knowing or willful violation of the act is a class 4 felony punishable by up to 3.75 years in jail and a $100,000 fine. Anyone employed or a student at any university (public or private) in the state who violates the act must be expelled or removed. (passed House)

OK HB 1150. Would require anyone who is an agent of a foreign principal from a “country of concern” to register with the Oklahoma State Attorney General. A foreign principal includes a foreign government, company, organization, or individual. Country of concern is defined to be any country designated by the U.S. Secretary of State as “hostile” or a country of concern, which currently includes China, Pakistan, Nicaragua, North Korea, and several other countries. It nearly verbatim copies FARA’s agency definition, including if one acts at the “request” of a foreign principal. The covered activities are almost identical to FARA, such as engaging in political activities, soliciting or disbursing things of value, or acting as a publicity agent. It does not contain most of the exemptions in FARA, including for commercial, religious, academic, or humanitarian activity. It also has extensive labeling requirements for those who register. Failure to register is punishable by a $1,000 fine or 5 years imprisonment. (passed House)

TN SB 2863 (amendment). Would require anyone who is an agent of a foreign principal from a country of concern to register with the Tennessee ethics commission.  A foreign principal includes a foreign government, company, organization, or individual. Country of concern is defined to mean China, Russia, Iran, North Korea, Cuba, Syria, Venezuela, or any other country determined to be a foreign adversary by the federal government. It nearly verbatim copies FARA’s agency definition, including if one acts at the “request” of a foreign principal. The covered activities are almost identical to FARA, such as engaging in political activities, soliciting or disbursing things of value, or acting as a publicity agent. It does not contain most of the exemptions in FARA, including for commercial, religious, academic, or humanitarian activity. Failure to register is punishable by a $100,000 fine or 5 years in jail. (withdrawn)

CA SB 1151 – Would require anyone acting as an agent of a foreign principal to register with the California Secretary of State. Foreign principal is defined to include any foreign government, organization, company, or individual. It nearly verbatim copies FARA’s agency definition, including creating an agency relationship if one acts at the “request” of a foreign principal. It also includes many of the same covered activities as FARA, such as engaging in political activities, soliciting or disbursing things of value, or acting as a publicity agent. It does not contain most of the exemptions in FARA, including for commercial, religious, academic, or humanitarian activity. (passed Senate)

IL SB 3542. Would require an agent of a foreign principal from a country of concern to register with the Attorney General of Illinois. Country of concern is defined to mean China, Russia, Iran, North Korea, Cuba, Syria, Venezuela, or any other entity designated by the Governor of Illinois. It nearly verbatim copies FARA’s agency definition, including if one acts at the “request” of a foreign principal. The covered activities are almost identical to FARA, such as engaging in political activities, soliciting or disbursing things of value, or acting as a publicity agent. It does not contain most of the exemptions in FARA, including for commercial, religious, academic, or humanitarian activity. Failure to register or misrepresentation in registration is a class 3 felony, punishable by 5 to 10 years in jail and a $100,000.

Georgia SB 368. Would require anyone acting as an agent of a foreign principal to register with the Georgia Ethics Commission. Foreign principal is defined to include any foreign government, organization, company, or individual. It nearly verbatim copies FARA’s agency definition, including creating an agency relationship if one acts at the “request” of a foreign principal. It also includes many of the same covered activities as FARA, such as engaging in political activities, soliciting or disbursing things of value, or acting as a publicity agent. However, it does not define these activities in the bill, creating potential confusing. It does not contain most of the exemptions in FARA, including for commercial, religious, academic, or humanitarian activity. Failure to register can lead to civil penalties, while misrepresentations in registration materials can potentially lead to criminal penalties. (vetoed by Governor)

 


 

Additional Information

OTHER RESOURCES

Foreign Influence Registration Laws and Civil Society: An analysis and Responses, April 2024

ICNL Testimony at U.S. House Committee on the Judiciary’s subcommittee on the Constitution, Civil Rights, and Civil Liberties hearing on Enhancing the Foreign Agents Registration Act of 1938, April 2022

Sign-on Letter to the Justice Department on FARA’s Impact on First Amendment Rights, February 2022

ICNL Submission to the Justice Department on FARA’s Impact on Civil Society, February 2022

Nick Robinson, The Foreign Agents Registration Act Is Broken, Foreign Policy, July 22, 2019

Alexandra Ellerbeck and Avi Asher-Shapiro, Everything to know about FARA, and why it shouldn’t be used against the press, Columbia Journalism Review, June 11, 2018

Open Letter to Congress Concerning Foreign Agents Registration Act (2018): Signed by 46 humanitarian and development organizations expressing concern over ramping up enforcement of FARA without better targeting the Act. See also, accompanying FAQ to the open letter.

Aid Barriers and the Rise of Philanthropic Protectionism (2015): An article by Doug Rutzen in the International Journal of Not-for-Profit Law on the rise of restrictions on foreign funding in nations around the world.

Fara.gov: The Department of Justice’s website on FARA. It includes the Act itself, regulations, and FAQs among other information.

FARA TARGETING IN THE NEWS

Eliza Newlin Carney, FARA Fiasco: Congress Swings at Manafort, Hits Environmentalists, American Prospect, Sept. 20, 2018

Dino Grandoni, Republicans want to know if environmental groups are really foreign agents, Washington Post, Sept. 6, 2018

Timothy Cama, Republicans target green groups over foreign ties, The Hill, June 27, 2018

Evan Halper, Is that environmental group a pawn of Beijing? Nonprofits wary of being branded ‘foreign agents’, LA Times, June 14, 2018

Andy Segedin, House Seeks Explanation on NRDC, China Connection, Nonprofit Times, June 7, 2018

Nick Robinson and Doug Rutzen, The Unintended “Foreign Agents”, Just Security, March 22, 2018

 


 

For more information contact Nick Robinson at nrobinson@icnl.org.