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Foreign Agents Registration Act
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Foreign Agents Registration Act
The Foreign Agents Registration Act (FARA) (22 U.S.C. § 611 et seq.) is a United States law that imposes public disclosure obligations on persons representing foreign interests. It requires "foreign agents"—defined as individuals or entities engaged in domestic lobbying or advocacy for foreign governments, organizations, or persons ("foreign principals")—to register with the Department of Justice (DOJ) and disclose their relationship, activities, and related financial compensation.
FARA does not prohibit lobbying for foreign interests, nor does it ban or restrict any specific activities. Its explicit purpose is to promote transparency with respect to foreign influence over American public opinion, policy, and laws; to that end, the DOJ is required to make information concerning foreign agents' registrations and their disclosed activities on behalf of foreign principals publicly available. FARA was enacted in 1938 primarily to counter Nazi propaganda, with an initial focus on criminal prosecution of subversive activities; since 1966, enforcement has shifted mostly to civil penalties and voluntary compliance.
For most of its existence, FARA was relatively obscure and rarely invoked; since 2017, the law has been enforced with far greater regularity and intensity, particularly against officials connected to the Trump administration. Subsequent high-profile indictments and convictions under FARA have prompted greater public, political, and legal scrutiny, including calls for reform.
FARA is administered and enforced by the FARA Unit of the Counterintelligence and Export Control Section (CES) within the DOJ's National Security Division (NSD). Since 2016, there has been a 30 percent increase in registrations; as of November 2022, there were over 500 active foreign agents registered with the FARA Unit.
Several U.S. states have enacted or proposed legislation resembling the federal FARA, often referred to as "baby FARA" laws. These state-level initiatives aim to increase transparency around foreign influence in state politics and policymaking.
Foreign influence over American politics has been a recurring concern since the nation's founding. In 1796, prior to his retirement from the presidency, George Washington warned about foreign nations seeking to influence both the American government and the public, namely through local "tools and dupes". As early as 1808, the House of Representatives sought to investigate U.S. Army general James Wilkinson over allegations that he was a Spanish spy. In 1852, a joint resolution was introduced in Congress that invoked Washington's warning and reaffirmed the U.S. government's commitment "Against the insidious wiles of foreign influence".
Notwithstanding deeply rooted anxieties about foreign interference in American politics, it is not illegal for Americans to advocate for foreign governments or interests. The First Amendment to the U.S. Constitution enshrines the right to petition the government, including through political lobbying, and makes no distinction between citizens and noncitizens. As a result, efforts to address foreign influence have generally avoided censorship in favor of transparency.[unreliable source?] Only in 1917, shortly after the U.S. entered World War I, did Congress make the first formal attempts to regulate or restrict foreign lobbying, taking into consideration measures that would require foreign agents to publicly disclose their advocacy and prohibiting noncitizen residents from acting as foreign agents without prior government permission.
In response to the rise of Nazism in 1930s Germany, the House created the Special Committee on Un-American Activities to address the growing concerns about foreign propaganda in the U.S. The committee was tasked with conducting investigations into three issues: "(1) the extent, character, and objects of Nazi propaganda activities in the United States, (2) the diffusion within the United States of subversive propaganda that is instigated from foreign countries and attacks the principle of the form of government as guaranteed by our Constitution, and (3) all other questions in relation thereto that would aid Congress in any necessary remedial legislation."
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Foreign Agents Registration Act
The Foreign Agents Registration Act (FARA) (22 U.S.C. § 611 et seq.) is a United States law that imposes public disclosure obligations on persons representing foreign interests. It requires "foreign agents"—defined as individuals or entities engaged in domestic lobbying or advocacy for foreign governments, organizations, or persons ("foreign principals")—to register with the Department of Justice (DOJ) and disclose their relationship, activities, and related financial compensation.
FARA does not prohibit lobbying for foreign interests, nor does it ban or restrict any specific activities. Its explicit purpose is to promote transparency with respect to foreign influence over American public opinion, policy, and laws; to that end, the DOJ is required to make information concerning foreign agents' registrations and their disclosed activities on behalf of foreign principals publicly available. FARA was enacted in 1938 primarily to counter Nazi propaganda, with an initial focus on criminal prosecution of subversive activities; since 1966, enforcement has shifted mostly to civil penalties and voluntary compliance.
For most of its existence, FARA was relatively obscure and rarely invoked; since 2017, the law has been enforced with far greater regularity and intensity, particularly against officials connected to the Trump administration. Subsequent high-profile indictments and convictions under FARA have prompted greater public, political, and legal scrutiny, including calls for reform.
FARA is administered and enforced by the FARA Unit of the Counterintelligence and Export Control Section (CES) within the DOJ's National Security Division (NSD). Since 2016, there has been a 30 percent increase in registrations; as of November 2022, there were over 500 active foreign agents registered with the FARA Unit.
Several U.S. states have enacted or proposed legislation resembling the federal FARA, often referred to as "baby FARA" laws. These state-level initiatives aim to increase transparency around foreign influence in state politics and policymaking.
Foreign influence over American politics has been a recurring concern since the nation's founding. In 1796, prior to his retirement from the presidency, George Washington warned about foreign nations seeking to influence both the American government and the public, namely through local "tools and dupes". As early as 1808, the House of Representatives sought to investigate U.S. Army general James Wilkinson over allegations that he was a Spanish spy. In 1852, a joint resolution was introduced in Congress that invoked Washington's warning and reaffirmed the U.S. government's commitment "Against the insidious wiles of foreign influence".
Notwithstanding deeply rooted anxieties about foreign interference in American politics, it is not illegal for Americans to advocate for foreign governments or interests. The First Amendment to the U.S. Constitution enshrines the right to petition the government, including through political lobbying, and makes no distinction between citizens and noncitizens. As a result, efforts to address foreign influence have generally avoided censorship in favor of transparency.[unreliable source?] Only in 1917, shortly after the U.S. entered World War I, did Congress make the first formal attempts to regulate or restrict foreign lobbying, taking into consideration measures that would require foreign agents to publicly disclose their advocacy and prohibiting noncitizen residents from acting as foreign agents without prior government permission.
In response to the rise of Nazism in 1930s Germany, the House created the Special Committee on Un-American Activities to address the growing concerns about foreign propaganda in the U.S. The committee was tasked with conducting investigations into three issues: "(1) the extent, character, and objects of Nazi propaganda activities in the United States, (2) the diffusion within the United States of subversive propaganda that is instigated from foreign countries and attacks the principle of the form of government as guaranteed by our Constitution, and (3) all other questions in relation thereto that would aid Congress in any necessary remedial legislation."
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