The Justice Department on Sept. 16 reminded the public that people who act in the United States under a foreign government’s direction can face civil or criminal charges if they do not register or notify federal authorities.
The statement points to two statutes: the Foreign Agents Registration Act and 18 U.S.C. § 951. Both apply to citizens and noncitizens. The department said the rules exist so foreign governments cannot hide agents, intermediaries, funding or affiliations while trying to shape debate, stir unrest or interfere with official proceedings.
“The Department of Justice would like to remind the public of federal laws that require individuals to register as foreign agents when they act in the United States at the direction or control of a foreign government or foreign principal, and that they will face civil and criminal liability if they fail to do so.”
Officials also drew a First Amendment line. “The Department recognizes and protects the First Amendment rights of those who seek to express their opinions publicly. The Department will not take action to inhibit anyone’s constitutionally protected right to free speech and free expression. Nor will any decisions be illegitimately influenced by anyone’s political associations, activities, or beliefs.”
“At the same time, the Department 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.”
The notice said public activity done as an agent of a foreign power, including demonstrations meant to advance that power’s propaganda or other goals, can trigger a duty to register or notify. Failure, it said, can bring sanctions “up to and including a maximum of five years in prison.”
Justice directed questions to the FARA Unit, to private counsel or to an advisory opinion under 28 C.F.R. § 5.2. Tips about undisclosed foreign direction may go to the FBI or a U.S. Attorney’s Office. The release is a warning, not a new statute. Who must file still depends on the facts of direction and control, which is why the department told people to get legal advice rather than guess.
