An Act to require the registration of certain persons employed by agencies to disseminate propaganda in the United States and for other purposes.
Acronyms (colloquial)
FARA
Nicknames
Foreign Propagandists Registration Act of 1938
Enacted by
the 75th United States Congress
Effective
September 6, 1938
Citations
Public law
Pub. L.Tooltip Public Law (United States) 75–583
Statutes at Large
52 Stat. 631
Codification
Titles amended
22 U.S.C.: Foreign Relations and Intercourse
U.S.C. sections created
22 U.S.C. ch. 11, subch. II § 611 et seq.
Legislative history
Introduced in the House as H.R. 1591 by John William McCormack (D-MA) on July 28, 1937
Committee consideration by House Judiciary, Senate Foreign Relations
Passed the House on August 2, 1937 (Passed)
Passed the Senate on May 18, 1938 (Passed)
Reported by the joint conference committee on May 23, 1938; agreed to by the Senate on May 27, 1938 (Agreed) and by the House on June 2, 1938 (Agreed)
Signed into law by President Franklin D. Roosevelt on June 8, 1938
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.[1][2] 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.[2]
FARA does not prohibit lobbying for foreign interests, nor does it ban or restrict any specific activities.[3] 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 such information publicly available.[4] FARA was enacted in 1938 primarily to counter Nazi propaganda,[5][6] with an initial focus on criminal prosecution of subversive activities; since 1966, enforcement has shifted mostly to civil penalties and voluntary compliance.[7]
For most of its existence, FARA was relatively obscure and rarely invoked;[8] since 2017, the law has been enforced with far greater regularity and intensity, particularly against officials connected to the Trump administration.[7][9] Subsequent high-profile indictments and convictions under FARA have prompted greater public, political, and legal scrutiny, including calls for reform.[7][6]
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).[10][11] Since 2016, there has been a 30 percent increase in registrations;[7] as of November 2022, there were over 500 active foreign agents registered with the FARA Unit.[12]
^"Foreign Agents Registration Act". www.justice.gov. August 17, 2017. Retrieved September 5, 2022.
^ abForeign Agents Registration Act: An Overview Congressional Research Service. Updated March 7, 2019
^Foreign Agents Registration Act: An Overview Congressional Research Service (2019)
^"Frequently Asked Questions". www.justice.gov. August 21, 2017. Retrieved September 5, 2022.
^Cohen, Luc (August 4, 2022). "Analysis: Beyond yachts and planes - U.S. turns to foreign agent laws to curb Russian influence". Reuters. Retrieved September 5, 2022.
^ ab"The swampy business of lobbying for foreign governments". The Economist. ISSN 0013-0613. Retrieved September 5, 2022.
^ abcd"The Justice Department's New, Unprecedented Use of the Foreign Agents Registration Act". Lawfare. December 18, 2019. Retrieved September 6, 2022.
^Cite error: The named reference ForeignAffairs was invoked but never defined (see the help page).
^"The swampy business of lobbying for foreign governments". The Economist. ISSN 0013-0613. Retrieved September 24, 2022.
^National Security Division, U.S. Department of Justice (August 17, 2017). "Foreign Agents Registration Unit (FARA)". fara.gov. Archived from the original on May 9, 2011. Retrieved May 6, 2011.
^"NSD Organization Chart". www.justice.gov. August 4, 2017. Retrieved September 5, 2022.
^National Security Division, U. S. Department of Justice (August 17, 2017). "Browse Filings". www.justice.gov. Retrieved September 5, 2022.
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