Foreign Agents Registration Act

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The Foreign Agents Registration Act (FARA) (22 U.S.C. § 611 et seq.) is a United States law that imposes public disclosure obligations on persons representing foreign interests. It requires "foreign agents"—defined as individuals or entities engaged in domestic lobbying or advocacy for foreign governments, organizations, or persons ("foreign principals")—to register with the Department of Justice (DOJ) and disclose their relationship, activities, and related financial compensation. FARA does not prohibit lobbying for foreign interests, nor does it ban or restrict any specific activities. Its explicit purpose is to promote transparency with respect to foreign influence over American public opinion, policy, and laws; to that end, the DOJ is required to make information concerning foreign agents' registrations and their disclosed activities on behalf of foreign principals publicly available. FARA was enacted in 1938 primarily to counter Nazi propaganda, with an initial focus on criminal prosecution of subversive activities; since 1966, enforcement has shifted mostly to civil penalties and voluntary compliance. For most of its existence, FARA was relatively obscure and rarely invoked; since 2017, the law has been enforced with far greater regularity and intensity, particularly against officials connected to the Trump administration. Subsequent high-profile indictments and convictions under FARA have prompted greater public, political, and legal scrutiny, including calls for reform. FARA is administered and enforced by the FARA Unit of the Counterintelligence and Export Control Section (CES) within the DOJ's National Security Division (NSD). Since 2016, there has been a 30 percent increase in registrations; as of November 2022, there were over 500 active foreign agents registered with the FARA Unit. Several U.S. states have enacted or proposed legislation resembling the federal FARA, often referred to as "baby FARA" laws. These state-level initiatives aim to increase transparency around foreign influence in state politics and policymaking.