Updated March 7, 2019
Foreign Agents Registration Act: An Overview
In 1938, the Foreign Agents Registration Act (22 U.S.C.
Who Is a Foreign Principal?
§§611-621; FARA) was enacted to require individuals
Pursuant to FARA (22 U.S.C. §611(b)(2)), foreign
doing political or advocacy work on behalf of foreign
principals include (1) a government of a foreign country
entities in the United States to register with the Department
and a foreign political party; (2) a person outside of the
of Justice and to disclose their relationship, activities,
United States, unless “it is established that such person is an
receipts, and disbursements in support of their activities.
individual and a citizen of and domiciled within the United
The FARA does not prohibit any specific activities; rather it
States,” or “is not an individual and is organized under or
seeks to require registration and disclosure of them.
created by the law of the United States ... and has its
According to the most recently available data, more than
principal place of business within the United States”; or (3)
400 active FARA registrants represent more than 600
“a partnership, association, corporation, organization, or
foreign principals.
other combination of persons organized under the law or
having its principal place of business in a foreign country.”
Several exemptions exist to exclude media, news, and press
“The Foreign Agents Registration Act provides the
services incorporated in the United States. This includes
public with an opportunity to be informed of the
newspapers, magazines, periodicals, and other publications
identity of persons engaging in political activities on
that file periodic disclosure statements with the U.S. Postal
behalf of foreign governments, foreign political parties
Service pursuant to 39 U.S.C. §3685.
and other foreign principals, so that their activities can
be evaluated in light of their associations.”
Registration and Disclosure
-U.S. Department of Justice, Report of the Attorney
Requirements
FARA requires that individuals who represent a foreign
General to the Congress on the Administration of the
principal must file, under oath, a registration statement
Foreign Agents Registration Act, June 2012
within 10 days of becoming an agent of that entity.
Pursuant to 22 U.S.C. §612, a registration statement must
include
Background
In the years prior to World War II, Congress conducted
registrant’s name and both personal and business
several investigations into lobbying and foreign propaganda
addresses;
by Axis nations, specifically a large number of German
propaganda agents operating in the United States. Upon the
registrant’s status, including nationality for all
recommendation of the 73rd Congress’s (1934-1935)
individuals, partnerships, and corporate directors or
Special Committee on Un-American Activities, the Foreign
officers;
Agents Registration Act (FARA), as initially conceived,
would not prohibit political propaganda activities, but rather
statement of the nature of registrant’s business,
require that individuals engaged in propaganda on behalf of
including a complete list of employees and the nature of
foreign governments and principals register with the
their work;
government and disclose information about their clients,
activities, and contract terms.
copies of the registrant’s written agreement with a
foreign principal and conditions for all oral agreements;
In 1966, FARA was amended to shift the focus from
political propagandists to agents representing the economic
nature and amount of contributions, income, money or
interests of foreign principals. These amendments were
other items of value received from a foreign principal;
partially the result of an investigation by the Senate Foreign
Relations Committee into foreign sugar interests and other
detailed statement of spending connected with activities
lobbying activities. The 1966 amendments changed several
for the foreign principal; and
definitions in the law, prohibited contingent fee contracts,
broadened exemptions to ensure legitimate commercial
certification that statements made and documents filed
activities were not burdened, strengthened provisions for
are accurate.
the disclosure and labeling of propaganda, and required the
Public Disclosure Database
Department of Justice to issue regulations on the act (28
C.F.R. §5.1 et seq.).
The Attorney General is required under 22 U.S.C. §616(d)
to maintain a public database of registration statements
required under FARA. This database is publically available
on the Department of Justice, FARA website under
https://crsreports.congress.gov
link to page 2 Foreign Agents Registration Act: An Overview
“Document Search” (https://www.fara.gov/search.html).
willfully violate statutory FARA provisions or associated
The database provides the ability to search by document
regulations are subject to fines up to $10,000 and
type (e.g., registration statement) or by a descriptor, such as
imprisonment up to five years. If the Attorney General
a specific foreign country, foreign principal, or an
determines that registration or disclosure materials do not
individual foreign agent.
comply with the law, registrants are generally given the
opportunity to file an amended statement prior to legal
DOJ Reporting Requirements
action being taken. Details can be found on the FARA
Pursuant to 22 U.S.C. §621, the Attorney General is
website at https://www.fara.gov/enforcement.html.
required to report to Congress on the administration of
FARA every six months. Table 1 provides an overview of
Criticisms of FARA
the number of active registrations and foreign principals
Several criticisms of FARA have been made. First,
represented between January 1, 2013, and December 31,
lobbying laws differ for foreign lobbyists (FARA) and
2017, the most up-to-date information available.
domestic lobbyists (Lobbying Disclosure Act; LDA). These
two laws are administered by two different entities—FARA
Table 1. Foreign Principal Registration, 2013-2017
by DOJ and LDA by Congress. To streamline the
administration of lobbying registration and disclosure, it has
Foreign
been suggested that FARA and LDA administration and
Active
Principals
enforcement might be combined either at DOJ or in
Period
Registrations
Represented
Congress to streamline registration and disclosure for all
2013
lobbying-related activities.
January 1 to June 30
377
532
Second, some legislators have suggested that FARA’s focus
is too narrow. Instead, they suggest that the definition be
July 1 to December 31
363
518
expanded to include individuals who engage in
2014
“promotional or informational” activities for a foreign
principal. For example, in the 102nd Congress (1991-1992),
January 1 to June 30
378
538
H.R. 1725 would have changed the definition of foreign
July 1 to December 31
341
524
agent to “any person who engages in political activities for
purposes of furthering commercial, industrial, or financial
2015
operations with a foreign principal.” Arguably, this
January 1 to June 30
353
553
definition would be more inclusive and might require
additional individuals to register and disclose their
July 1 to December 31
367
537
representation of foreign principals under FARA.
2016
For more information on lobbying, see CRS Report
January 1 to June 30
372
539
R44292, The Lobbying Disclosure Act at 20: Analysis and
July 1 to December 31
387
542
Issues for Congress, by Jacob R. Straus; CRS Report
RL34377, Lobbying Registration and Disclosure: The Role
2017
of the Clerk of the House and the Secretary of the Senate,
January 1 to June 30
395
564
by Jacob R. Straus; and CRS Report R40245, Lobbying
Registration and Disclosure: Before and After the
July 1 to December 31
411
612
Enactment of the Honest Leadership and Open Government
Act of 2007, by Jacob R. Straus.
Source: U.S. Department of Justice, Foreign Agent Registration Act,
Reports to Congress, at https://www.fara.gov/annualrpts.html.
Jacob R. Straus, Specialist on the Congress
Enforcement
IF10499
Pursuant to 22 U.S.C. §618, noncompliance with FARA
may result in monetary fines or jail time. Individuals who
https://crsreports.congress.gov
Foreign Agents Registration Act: An Overview
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
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