DOJ Reminds Public of Penalties for Unregistered Foreign Agents
Takeaways
- The Department of Justice's (DOJ’s) recent press release serves as a reminder that both criminal and civil penalties may result from failing to disclose activities undertaken on behalf of foreign interests to the U.S. government.
- The announcement underscores that enforcement of foreign transparency laws remains a DOJ priority despite relatively limited FARA and Section 951 enforcement activity over the past year.
- The DOJ’s actions may signal an increase in foreign agent-related enforcement activity in the near future.
- Individuals and organizations, both U.S. and non-U.S., engaged in political or quasi-political activities on behalf of foreign principals in the United States should ensure compliance with applicable disclosure requirements.
- Those conducting activities in the United States on behalf of foreign governments should maintain robust foreign agent-related policies, procedures, and compliance practices.
Today, the DOJ issued a press release reminding the public that civil and criminal penalties can result for agents performing activities on behalf of foreign governments or foreign principals. While recognizing the protections and freedoms afforded under the First Amendment, the press release cautions that DOJ:
is committed to upholding the rule of law and keeping our country safe against all enemies, both foreign and domestic. It does so by holding to account those who violate federal law. Two such federal laws — the Foreign Agents Registration Act, known as FARA, and 18 U.S.C. § 951 — impose disclosure or notification obligations when a person acts in the United States as an agent of a foreign principal or foreign government. These obligations aid in stopping foreign governments or their representatives from using undisclosed agents, intermediaries, false affiliations, covert funding, or other deceptive activities to illegally influence public debate, suborn sedition, or interfere with official proceedings.
The press release further cautions that both U.S. citizens and foreign citizens can be prosecuted for violations of these foreign agent transparency laws.
By way of background, FARA is a disclosure statute designed to make public foreign influence activities in the United States. FARA requires agents of foreign principals involved in political or quasi-political activities in the United States to register as foreign agents and disclose the relevant relationship and activities. The definition of foreign principal under FARA is broadly defined to include not only foreign governments and foreign political parties, but also foreign companies and foreign individuals, whether private or public individuals. Like Section 951, FARA does authorize criminal penalties for violations; however, FARA’s main purpose is transparency, not criminal prosecution.
For its part, Section 951 provides criminal penalties for certain agents of foreign governments who act in the United States without first notifying the Attorney General. Section 951 cases generally involve espionage-like or clandestine behavior, information gathering, or procurement of technology on behalf of foreign governments or officials. Section 951 is centered on criminal enforcement of violations and has no formal administrative registration system. Moreover, the definition of foreign principal under Section 951 is limited to foreign governments and officials. Registration under FARA serves as the requisite notice under Section 951.
For more information on FARA and our related capabilities, please contact the attorney listed on this alert and download our FARA Handbook below.
