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1 1 (January 5, 2024)

handle is hein.crs/govenxk0001 and id is 1 raw text is: Con gressios Informing the legi il Research Service itive debate since 1914 Updated January 5, 2024 Foreign Agents Registration Act (FARA): 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 (DOJ) 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 (December 2021), more than 450 active registrants represent about 750 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 Background 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. §§5.1-5.1101). Who Is a Foreign Principal? 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 (22 U.S.C. §611(b)(2)). 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. Who is a Foreign Agent FARA requires the registration of any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, 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 who directly or through any other person- (i) engages within the United States in political activities for or in the interests of such foreign principal; (ii) acts within the United States as a public relations counsel, publicity agent, information- service employee or political consultant for or in the interests of such foreign principal; (iii) within the United States solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of such foreign principal; or (iv) within the United States represents the interests of such foreign principal before any agency or official of the Government of the United States. (22 U.S.C. §611(c)(1)) A foreign agent must register with the DOJ within 10 days of agreeing to act as an agent of a foreign principal. In general, the foreign agent must disclose information related to their business; the nature of their relationship with the foreign principal, including a copy of their written contract 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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