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Foreign Agents Registration Act: An Overview


In 1938, the Foreign Agents Registration Act (22 U.S.C.
§§611-621; FARA)   was enacted to require individuals
doing political or advocacy work on behalf of foreign
entities in the United States to register with the Department
of Justice and to disclose their relationship, activities,
receipts, and disbursements in support of their activities.
The FARA   does not prohibit any specific activities; rather it
seeks to require registration and disclosure of them.
According to the most recently available data, more than
400 active FARA  registrants represent more than 600
foreign principals.


  The  Foreign Agents Registration Act provides the
  public with an opportunity to be informed of the
  identity of persons engaging in political activities on
  behalf of foreign governments, foreign political parties
  and other foreign principals, so that their activities can
  be evaluated in light of their associations.

  -U.S. Department  of justice, Report of the Attorney
  General to the Congress on the Administration of the
  Foreign Agents Registration Act, June 2012



  ackground
In the years prior to World War II, Congress conducted
several investigations into lobbying and foreign propaganda
by Axis nations, specifically a large number of German
propaganda  agents operating in the United States. Upon the
recommendation  of the 73rd Congress's (1934-1935)
Special Committee on Un-American   Activities, the Foreign
Agents Registration Act (FARA), as initially conceived,
would not prohibit political propaganda activities, but rather
require that individuals engaged in propaganda on behalf of
foreign governments and principals register with the
government  and disclose information about their clients,
activities, and contract terms.

In 1966, FARA  was amended  to shift the focus from
political propagandists to agents representing the economic
interests of foreign principals. These amendments were
partially the result of an investigation by the Senate Foreign
Relations Committee into foreign sugar interests and other
lobbying activities. The 1966 amendments changed several
definitions in the law, prohibited contingent fee contracts,
broadened exemptions  to ensure legitimate commercial
activities were not burdened, strengthened provisions for
the disclosure and labeling of propaganda, and required the
Department  of Justice to issue regulations on the act (28
C.F.R. §5.1 et seq.).


Updated March  7, 2019


Who Is a Foreign Principal?
Pursuant to FARA  (22 U.S.C. §611(b)(2)), foreign
principals include (1) a government of a foreign country
and a foreign political party; (2) a person outside of the
United States, unless it is established that such person is an
individual and a citizen of and domiciled within the United
States, or is not an individual and is organized under or
created by the law of the United States ... and has its
principal place of business within the United States; or (3)
a partnership, association, corporation, organization, or
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
services incorporated in the United States. This includes
newspapers, magazines, periodicals, and other publications
that file periodic disclosure statements with the U.S. Postal
Service pursuant to 39 U.S.C. §3685.

Registration and Disclosure
Requirements
FARA   requires that individuals who represent a foreign
principal must file, under oath, a registration statement
within 10 days of becoming an agent of that entity.
Pursuant to 22 U.S.C. §612, a registration statement must
include

*  registrant's name and both personal and business
   addresses;

*  registrant's status, including nationality for all
   individuals, partnerships, and corporate directors or
   officers;

*  statement of the nature of registrant's business,
   including a complete list of employees and the nature of
   their work;

*  copies of the registrant's written agreement with a
   foreign principal and conditions for all oral agreements;

*  nature and amount of contributions, income, money or
   other items of value received from a foreign principal;

*  detailed statement of spending connected with activities
   for the foreign principal; and

*  certification that statements made and documents filed
   are accurate.

Public   Disclosure Database
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

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