Published: May 2025

On May 20, 2025, the Legislative Assembly of El Salvador approved a Foreign Agents Law, which has yet to be published in the official newspaper (Diario Oficial). Only the published text is binding, and it may differ from the text that is currently circulating (available here in Spanish).

The law establishes a Registry of Foreign Agents (RAEX) and requires any person or entity who “carries out activities directly or indirectly in the interest of, under the control of, or through funding” from a “foreign principal” to register. Foreign principals include foreign governments, political parties, private entities, their agents, or others as determined by RAEX and applicable regulations.

The RAEX will have the power to register on its own those persons or entities it deems to be foreign agents. Notably, the law also imposes a 30% tax on funds originating from a foreign principal and on all donations to a foreign agent within in El Salvador.

ICNL prepared an analysis of the Foreign Agents Law that focuses on provisions that fall short of international law standards applicable to El Salvador for regulating for non-profit organizations. The Law, however, also applies to businesses and individuals in the private, for-profit sector as well.

If adopted, the Foreign Agents Law will contravene international standards by:

1. Giving officials excessive powers to register, supervise and control foreign agents; 
2. Creating restrictions on accessing and using financing;
3. Establishing broad restrictions on activities of foreign agents;
4. Requiring labeling of publications, leading to the stigmatization of legitimate activities; 
5. Imposing a steep taxation of funds; and
6. Authorizing excessive sanctions.

For a copy of ICNL’s analysis, please reach out to lac@icnl.org.