Foreign Agents Registration Act (FARA): An Overview

Foreign Agents Registration Act (FARA): An Overview

Updated January 5, 2024
Foreign Agents Registration Act (FARA): 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
Foreign principals include (1) a government of a foreign
doing political or advocacy work on behalf of foreign
country and a foreign political party; (2) a person outside of
entities in the United States to register with the Department
the United States, unless “it is established that such person
of Justice (DOJ) and to disclose their relationship,
is an individual and a citizen of and domiciled within the
activities, receipts, and disbursements in support of their
United States,” or “is not an individual and is organized
activities. The FARA does not prohibit any specific
under or created by the law of the United States ... and has
activities; rather it seeks to require registration and
its principal place of business within the United States”; or
disclosure of them. According to the most recently
(3) “a partnership, association, corporation, organization, or
available data (December 2021), more than 450 active
other combination of persons organized under the law or
registrants represent about 750 foreign principals.
having its principal place of business in a foreign country”
(22 U.S.C. §611(b)(2)).
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.”

Who is a Foreign Agent
FARA requires the registration of “any person who acts as
-U.S. Department of Justice, Report of the Attorney
an agent, representative, employee, or servant, or any
General to the Congress on the Administration of the
person who acts in any other capacity at the order, request,
Foreign Agents Registration Act, June 2012
or under the direction or control, of a foreign principal ... ”

(22 U.S.C. §611(c)(1)). An agent of a foreign principal is an
individual or organization
Background
In the years prior to World War II, Congress conducted
who directly or through any other person—
several investigations into lobbying and foreign propaganda
(i) engages within the United States in political
by Axis nations, specifically a large number of German
activities for or in the interests of such foreign
propaganda agents operating in the United States. Upon the
principal;
recommendation of the 73rd Congress’s (1934-1935)
(ii) acts within the United States as a public
Special Committee on Un-American Activities, the Foreign
relations counsel, publicity agent, information-
Agents Registration Act (FARA), as initially conceived,
service employee or political consultant for or in the
would not prohibit political propaganda activities, but rather
require that individuals engaged in propaganda on behalf of
interests of such foreign principal;
foreign governments and principals register with the
(iii) within the United States solicits, collects,
government and disclose information about their clients,
disburses, or dispenses contributions, loans, money,
activities, and contract terms.
or other things of value for or in the interest of such
foreign principal; or
In 1966, FARA was amended to shift the focus from
political propagandists to agents representing the economic
(iv) within the United States represents the interests
interests of foreign principals. These amendments were
of such foreign principal before any agency or
partially the result of an investigation by the Senate Foreign
official of the Government of the United States. (22
Relations Committee into foreign sugar interests and other
U.S.C. §611(c)(1))
lobbying activities. The 1966 amendments changed several
A foreign agent must register with the DOJ within 10 days
definitions in the law, prohibited contingent fee contracts,
of agreeing to act as an agent of a foreign principal. In
broadened exemptions to ensure legitimate commercial
general, the foreign agent must disclose information related
activities were not burdened, strengthened provisions for
to their business; the nature of their relationship with the
the disclosure and labeling of propaganda, and required the
foreign principal, including a copy of their written contract
Department of Justice to issue regulations on the act (28
C.F.R. §§5.1-5.1101).
or the conditions of an oral agreement; and statements on
activities and money spent and received in connection with
foreign agent activities (22 U.S.C. §612(a)).
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link to page 2 Foreign Agents Registration Act (FARA): An Overview
Exemptions to FARA
Source: U.S. Department of Justice, Foreign Agent Registration Act,
FARA contains eight exemptions that allow a potential
Reports to Congress, at https://www.justice.gov/nsd-fara/fara-reports-
registrant to avoid registering with the DOJ (22 U.S.C.
congress.
§613). The eight exemptions are for (1) diplomatic or
consular officers; (2) officials of foreign governments; (3)
Enforcement
staff members of diplomatic or consular officers; (4) private
Noncompliance with FARA may result in monetary fines or
and nonpolitical activities, including the solicitation of
jail time (22 U.S.C. §618). Individuals who willfully violate
funds; (5) religious, scholastic, or scientific pursuits; (6)
statutory FARA provisions or associated regulations are
defense of a foreign government vital to U.S. defense; (7)
subject to fines up to $10,000 and imprisonment up to five
certain persons qualified to practice law and who are
years. If the Attorney General determines that registration
engaged in certain legal representation; and (8) persons
or disclosure materials do not comply with the law,
engaged in lobbying activities and registered under the
registrants are generally given the opportunity to file an
Lobbying Disclosure Act (LDA; 2 U.S.C. §§1601-1614).
amended statement prior to legal action being taken. Details
can be found on the FARA website at https://www.fara.gov/
Potential registrants self-select whether they qualify for an
enforcement.html.
exemption. The DOJ can provide an advisory opinion under
28 C.F.R. §5.2. The department provides a list of publicly
Criticisms of FARA
released advisory opinions at https://www.justice.gov/nsd-
Several criticisms of FARA have been made. First,
fara/advisory-opinions.
lobbying laws differ for foreign lobbyists (FARA) and
domestic lobbyists (LDA). These two laws are administered
Public Disclosure Database
by two different entities—FARA by DOJ and LDA by
FARA requires the Attorney General to maintain a public
Congress. To streamline the administration of lobbying
database of registration statements (22 U.S.C. §616(d)).
registration and disclosure, it has been suggested that
This database is publicly available on the DOJ FARA
FARA and LDA administration and enforcement might be
website under “Document Search” (https://www.fara.gov/
combined either at DOJ or in Congress to consolidate
search.html). The database provides the ability to search by
oversight for all lobbying-related activities.
document type (e.g., registration statement) or by a
descriptor, such as a specific foreign country, a foreign
Second, some legislators have suggested that the LDA
principal, or an individual foreign agent.
exemption in FARA (22 U.S.C. 613(h)) should be repealed
to limit the number of foreign agents who might register
DOJ Reporting Requirements
under LDA rather than under FARA. For example, in the
FARA requires the Attorney General to report to Congress
117th Congress, the House Judiciary Committee’s
on the administration of FARA every six months (22 U.S.C.
Subcommittee on the Constitution, Civil Rights, and Civil
§621). Table 1 provides an overview of the number of
Liberties held a hearing on “Enhancing the Foreign Agents
active registrations and foreign principals represented
Registration Act” (April 5, 2022), where proposed
between January 1, 2019, and December 31, 2021, the three
amendments to FARA were discussed, including the repeal
most recently available years.
of the LDA exemption.
Table 1. Foreign Principal Registration, 2019-2021
For more information on lobbying, see CRS Report
R44292, The Lobbying Disclosure Act at 20: Analysis and
Foreign
Issues for Congress, by Jacob R. Straus; CRS Report
Active
Principals
RL34377, Lobbying Registration and Disclosure: The Role
Period
Registrations
Represented
of the Clerk of the House and the Secretary of the Senate,
2019

by Jacob R. Straus; and CRS Report R40245, Lobbying
Registration and Disclosure: Before and After the
January 1 to June 30
441
721
Enactment of the Honest Leadership and Open Government
Act of 2007, by Jacob R. Straus.
July 1 to December 31
451
716
2020

Jacob R. Straus, Specialist on the Congress
January 1 to June 30
441
677
IF10499
July 1 to December 31
455
704
2021

January 1 to June 30
464
705
July 1 to December 31
492
749

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Foreign Agents Registration Act (FARA): An Overview

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https://crsreports.congress.gov | IF10499 · VERSION 6 · UPDATED