Foreign Agents Registration Act

Last updated

Foreign Agents Registration Act
Great Seal of the United States (obverse).svg
Other short titlesForeign Principal Registration Act of 1938
Long titleAn 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
NicknamesForeign Propagandists Registration Act of 1938
Enacted bythe 75th United States Congress
EffectiveSeptember 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]

Contents

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]

Background

Foreign influence over American politics has been a recurring concern since the nation's founding. [13] [14] In 1796, prior to his retirement from the presidency, George Washington warned about foreign nations seeking to influence both the American government and the public, namely through local "tools and dupes". [15] As early as 1808, the House of Representatives sought to investigate U.S. Army General James Wilkinson over allegations that he was a Spanish spy. [16] In 1852, a joint resolution was introduced in Congress that invoked Washington's warning and reaffirmed the U.S. government's commitment "'Against the insidious wiles of foreign influence'".

Notwithstanding deeply rooted anxieties about foreign interference in American politics, it is not illegal for Americans to advocate for foreign governments or interests. [17] The First Amendment to the U.S. Constitution enshrines the right to petition the government, including through political lobbying, [18] and makes no distinction between citizens and noncitizens. [17] As a result, efforts to address foreign influence have generally avoided censorship in favor of transparency. [19] Only in 1917, shortly after the U.S. entered World War I, did Congress make the first formal attempts to regulate or restrict foreign lobbying, taking into consideration measures that would require foreign agents to publicly disclose their advocacy and prohibiting noncitizen residents from acting as foreign agents without prior government permission. [20] [21]

History

In response to the rise of Nazism in 1930s Germany, the House created the Special Committee on Un-American Activities to address the growing concerns about foreign propaganda in the U.S. [22] [23] The committee was tasked with conducting investigations into three issues: "(1) the extent, character, and objects of Nazi propaganda activities in the United States, (2) the diffusion within the United States of subversive propaganda that is instigated from foreign countries and attacks the principle of the form of government as guaranteed by our Constitution, and (3) all other questions in relation thereto that would aid Congress in any necessary remedial legislation." [24]

Pursuant to the findings and recommendations of the committee, FARA was enacted in 1938 to target foreign propaganda and political subversion, particularly from Nazi sources abroad; [25] foreign agents were implicated by the law regardless of whether they were acting "for or on behalf of" those interests. [26] The law would not ban such activities but instead 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. [3] Enforcement of the act was assigned to the Department of State, which opposed having such responsibility on the basis that it lacked the resources and personnel; [27] consequently, authority over enforcing the act was transferred to the Department of Justice in 1942. [26] A "Foreign Agents Registration Section" was created within the DOJ's newly established War Division during World War II, and a total of 23 criminal cases were prosecuted on the basis of FARA. [26] [28]

Following the end of the war in 1945, enforcement of FARA declined significantly: Only two indictments were brought between 1945 and 1955, followed by nine "failure to file" indictments between 1955 and 1962. [29]

1966 revision

In 1966 the Act was amended and narrowed to emphasize agents actually working with foreign powers who sought economic or political advantage by influencing governmental decision-making. The amendments shifted the focus of the law from propaganda to political lobbying and narrowed the meaning of "foreign agent." [30] Consequently, an individual or organization could not be placed in the FARA database unless the government proved that they were acting "at the order, request, or under the direction or control, of a foreign principal" and proved that the alleged foreign agent engaged "in political activities for or in the interests of such foreign principal," including by "represent[ing] the interests of such foreign principal before any agency or official of the Government of the United States." [31]

Due to the greater burden of proof placed on the government, until 2015, there only seven criminal prosecutions under FARA, [32] none of which resulted in a conviction. [30] However, a civil injunctive remedy also was added to allow the Department of Justice to warn individuals and entities of possible violations of the Act, ensuring more voluntary compliance while making it clear when the law has been violated. This has resulted in a shift from the law's initial focus on criminal prosecution, as the number of successful civil cases and administrative resolutions increased since that time. [26]

1995 revision

In 1995, the term "political propaganda" was removed from Subsection 611 following the 1987 Supreme Court case, Meese v. Keene, in which a California State Senator wanted to distribute three films from Canada about acid rain and nuclear war but felt his reputation would be harmed if the films were to be classified officially as "political propaganda." [28] [33] The court affirmed an earlier lower court ruling in favor of one of the film's distributors in Block v. Meese. [34] The Lobbying Disclosure Act of 1995 provided exemptions under FARA for certain agents who register with Congress and are thereby permitted to lobby the legislative and executive branches directly. [35]

Twenty-first century

An online database of FARA registrants was added by the Department of Justice. In 2004 the Justice Department stated that the FARA Unit's database for tracking foreign lobbyists was in disrepair; [36] by 2007, it launched an online database which can be used by the public to search filings and current reports. [37] That same year, the DOJ reported that there were approximately 1,700 lobbyists representing more than 100 countries before Congress, the White House, and federal agencies, many of whom were not registered under FARA. [37]

Following a spike in public attention, registrations, and prominent cases in 2016, Foreign Affairs magazine declared, "FARA is no longer a forgotten and oft ignored piece of New Deal–era reforms. Eight decades after being enacted, FARA is finally worth the paper it was written on." [8]

Scope

The Act requires periodic disclosure of all activities and finances by:

Organizations under such foreign control can include political agents, public relations counsel, publicity agents, information-service employees, political consultants, fundraisers or those who represent the foreign power before any agency or official of the United States government. [31]

The law does not include news or press services not owned by the foreign principal. [31] It also provides explicit exemptions for organizations engaged in "religious, scholastic, academic, or scientific pursuits or of the fine arts," as well as for those "not serving predominantly a foreign interest." [38]

Examples of organizations lobbying on behalf of foreign governments are DMP International, [39] Flynn Intel Group, [40] [41] DLA Piper, Dickens & Madson Canada, Invest Northern Ireland, Japan National Tourism Organization, Netherlands Board of Tourism and Conventions, [42] and Ketchum Inc. [43]

Prominent cases

There have been several dozen criminal prosecutions and civil cases under the Act. [44] Among the most prominent are:

Organizations listed by the United States as foreign agents

FARA is one of several federal statutes aimed at persons called foreign agents. [65] The Taiwan Relations Act and the Compact of Free Association with the Federated States of Micronesia and the Marshall Islands authorize the exemption of otherwise covered agents. Additionally, there have been laws targeting specific foreign agents, such as the closure of the Palestine Liberation Organization office in Washington, D.C. in 1981 and the prohibition against fundraising within the United States on behalf of certain violent groups opposed to the Israeli–Palestinian peace process. [66] The Antiterrorism and Effective Death Penalty Act of 1996 prohibits, among other activities, domestic fundraising that benefits foreign organizations designated by the United States as terrorist. [26]

Allegations of selective enforcement

Although the act was designed to apply to any foreign agent, it has been accused of being used to target countries out of favor with a given administration. [67] This was alleged by the Irish Northern Aid Committee in legal filings. [68] In the 1980s, the Federal Bureau of Investigation (FBI) conducted operations against the Committee in Solidarity with the People of El Salvador (CISPES) allegedly based on selective enforcement of FARA. [69] It has been noted that during the same period it investigated CISPES, the FBI ignored possible FARA violations such as Soldier of Fortune magazine running back cover advertisements to help the Rhodesian national army recruit fighters. [70]

In the 1950s President Eisenhower's administration repeatedly demanded that leaders of the American Zionist Council register as "agents of a foreign government." [71] In November 1962 Attorney General Robert F. Kennedy's Department of Justice ordered the American Zionist Council to register as a foreign agent under FARA because it was funded by the Jewish Agency for Israel and thereby acting on behalf of Israel; the Department of Justice later withdrew its demand. [55]

A 2023 article in The Nation stated that FARA "has been used as a tool to go after such anti-war and human rights organizations as the Irish Northern Aid Committee, the Committee in Solidarity with the People of El Salvador, and Palestine Information Office. [I]n 2018, the Republican-controlled House Committee on Natural Resources initiated FARA inquiries against four environmental advocacy organizations, including Earthjustice and the Natural Resources Defense Council". [72]

The American Zionist Council was reorganized as the American Israel Public Affairs Committee (AIPAC). In 1988 former Senator William Fulbright and former senior CIA official Victor Marchetti unsuccessfully petitioned the Department of Justice to register the lobby under the Act. [73]

The 2005 case, United States v. Franklin, Rosen, and Weissman, against United States Department of Defense employee Larry Franklin, AIPAC policy director Steven Rosen, and AIPAC senior Iran analyst Keith Weissman, [74] [75] raised the possibility that AIPAC would come under greater scrutiny by the Department of Justice. While Franklin pleaded guilty to passing government secrets to Rosen and Weissman, as well as to an Israeli government official, [76] [77] the cases against Rosen and Weissman were dismissed and no actions against AIPAC were instituted. [73]

Proposed reform

There have been proposals to reform FARA to both improve its enforcement and modernize its provisions. In September 2016, the U.S. Department of Justice Office of the Inspector General released an audit of the National Security Division's enforcement of FARA. [78] The audit noted that NSD officials had proposed amending FARA to provide the Justice Department with civil investigative demand authority to better enforce the Act, and to eliminate the Lobbying Disclosure Act exemption to improve compliance.

Nonprofits have complained that the broad definitions in FARA can capture much routine nonprofit activity, requiring them to potentially register as foreign agents. [79] In response, there have been proposals to amend the Act to define foreign principals under the Act to only be foreign governments or political parties or those operating on their behalf, as well as amend the current broad and unclear agency definition in FARA to instead mimic the Restatement of the Law of Agency, Third definition. [80]

In July 2020, Attorney General William Barr warned U.S. companies and executives that advocating on behalf of Chinese government interests may violate FARA requirements. [81] In November 2021, Reuters reported that the Chinese embassy in Washington, D.C. sent letters to American executives urging them to lobby against bills seeking to enhance U.S. economic competitiveness, thereby sparking possible FARA concerns. [82]

Chronology of amendments

Chronology of amendments to the Foreign Agents Registration Act of 1938.

Date of EnactmentPublic Law NumberU.S. Statute CitationU.S. Legislative BillU.S. Presidential Administration
August 7, 1939P.L. 76-31953  Stat.   1244 H.R. 5988Franklin D. Roosevelt
April 29, 1942P.L. 77-53256  Stat.   248 S. 2399Franklin D. Roosevelt
August 3, 1950P.L. 81-64264  Stat.   399 H.R. 4386Harry S. Truman
October 4, 1961P.L. 87-36675  Stat.   784 H.R. 470John F. Kennedy
July 4, 1966P.L. 89-48680  Stat.   244 S. 693Lyndon B. Johnson

See also

Notes

    Related Research Articles

    <span class="mw-page-title-main">U.S. government response to the September 11 attacks</span> Government actions

    After the September 11, 2001 attacks, the United States government responded by commencing immediate rescue operations at the World Trade Center site, grounding civilian aircraft, and beginning a long-term response that included official investigations, legislative changes, military action, and restoration projects.

    <span class="mw-page-title-main">United States Department of Justice</span> U.S. federal executive department

    The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States. It is equivalent to the justice or interior ministries of other countries. The department is headed by the U.S. attorney general, who reports directly to the president of the United States and is a member of the president's Cabinet. The current attorney general is Merrick Garland, who has served since March 2021.

    The American Israel Public Affairs Committee is a lobbying group that advocates pro-Israel policies to the legislative and executive branches of the United States. One of several pro-Israel lobbying organizations in the United States, AIPAC states that it has over 100,000 members, 17 regional offices, and "a vast pool of donors". Representative Brad Sherman (D-California) has called AIPAC "the single most important organization in promoting the U.S.-Israel alliance". In addition, the organization has been called one of the most powerful lobbying groups in the United States.

    <span class="mw-page-title-main">Ileana Ros-Lehtinen</span> American politician (born 1952)

    Ileana Ros-Lehtinen is a politician and lobbyist from Miami, Florida, who represented Florida's 27th congressional district from 1989 to 2019. By the end of her tenure, she was the most senior U.S. Representative from Florida. She was Chairwoman of the House Foreign Affairs Committee from 2011–2013. In 1989, Ros-Lehtinen won a special election and became the first Cuban American elected to Congress. She was also the first Republican woman elected to the House from Florida. Ros-Lehtinen gave the first Republican response to the State of the Union address in Spanish in 2011, and gave the third in 2014.

    <span class="mw-page-title-main">Foreign Corrupt Practices Act</span> United States federal law

    The Foreign Corrupt Practices Act of 1977 (FCPA) is a United States federal law that prohibits U.S. citizens and entities from bribing foreign government officials to benefit their business interests.

    <span class="mw-page-title-main">Vin Weber</span> American politician

    John Vincent Weber is an American politician, lobbyist and former Republican Congressman from Minnesota.

    <span class="mw-page-title-main">NSA warrantless surveillance (2001–2007)</span> Part of Terrorist Surveillance Program

    NSA warrantless surveillance — also commonly referred to as "warrantless-wiretapping" or "-wiretaps" — was the surveillance of persons within the United States, including U.S. citizens, during the collection of notionally foreign intelligence by the National Security Agency (NSA) as part of the Terrorist Surveillance Program. In late 2001, the NSA was authorized to monitor, without obtaining a FISA warrant, phone calls, Internet activities, text messages and other forms of communication involving any party believed by the NSA to be outside the U.S., even if the other end of the communication lays within the U.S.

    A foreign agent is any person or entity actively carrying out the interests of a foreign principal while located in another host country, generally outside the protections offered to those working in their official capacity for a diplomatic mission.

    <span class="mw-page-title-main">United States Department of Justice National Security Division</span>

    The United States Department of Justice National Security Division (NSD) handles national security functions of the department. Created by the 2005 USA PATRIOT Act reauthorization, the division consolidated all of the department's national security and intelligence functions into a single division. The division is headed by the Assistant Attorney General for National Security.

    The National Iranian American Council is a NGO based in Washington, D.C. The NIAC Action, the sister organization of NIAC, was formed in 2015 to build political power for Iranian Americans and utilizes grassroots advocacy, undertakes direct lobbying efforts in Washington DC, and engages political candidates to advocate NIAC's goals. Trita Parsi was one of the founders and is the organization's former president. Jamal Abdi, formerly NIAC's Vice President for Policy and Executive Director for NIAC Action, took over as president on August 1, 2018.

    Isaiah Leo "Si" Kenen was a Canadian-born American journalist, lawyer and philanthropist. He was the founder of the American Zionist Committee for Public Affairs (AZCPA), the forerunner of the American Israel Public Affairs Committee (AIPAC).

    <span class="mw-page-title-main">Lobbying Disclosure Act of 1995</span> United States law about lobbying

    The Lobbying Disclosure Act of 1995 was legislation in the United States aimed at bringing increased accountability to federal lobbying practices in the United States. The law was amended substantially by the Honest Leadership and Open Government Act of 2007. Under provisions which took effect on January 1, 1996, federal lobbyists are required to register with the Clerk of the United States House of Representatives and the Secretary of the United States Senate. Anyone failing to do so is punishable by a civil fine of up to $50,000. The clerk and secretary must refer any acts of non-compliance to the United States Attorney for the District of Columbia.

    <i>If You Love This Planet</i> 1982 Canadian film

    If You Love This Planet is a 1982 Canadian documentary short film directed by Terre Nash. Produced by Studio D and distributed by the National Film Board of Canada.

    <span class="mw-page-title-main">Venezuela Information Office</span>

    The Venezuela Information Office (VIO) was a Washington, D.C.-based lobbying agency that stated to be seeking to "present a more accurate view of the current process in Venezuela for the US public, build strategic allies for the Venezuelan people, and prevent the US from intervening in the democratic process in Venezuela." Created and financed by the government of Venezuela, VIO was registered with the United States Department of Justice under the Foreign Agents Registration Act. While operational, conservative and pro-opposition outlets have defined the agency of being a propaganda organization of the Venezuelan government and the Bolivarian Revolution.

    Project Gunrunner is a project of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) intended to stem the flow of firearms into Mexico, in an attempt to deprive the Mexican drug cartels of weapons.

    <span class="mw-page-title-main">Smith Act</span> United States federal statute

    The Alien Registration Act, popularly known as the Smith Act, 76th United States Congress, 3d session, ch. 439, 54 Stat. 670, 18 U.S.C. § 2385 is a United States federal statute that was enacted on June 28, 1940. It set criminal penalties for advocating the overthrow of the U.S. government by force or violence, and required all non-citizen adult residents to register with the federal government.

    <span class="mw-page-title-main">ATF gunwalking scandal</span> US operation to capture weapons smugglers

    Gunwalking, or "letting guns walk", was a tactic used by the Arizona U.S. Attorney's Office and the Arizona Field Office of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which ran a series of sting operations between 2006 and 2011 in the Tucson and Phoenix area where the ATF "purposely allowed licensed firearms dealers to sell weapons to illegal straw buyers, hoping to track the guns to Mexican drug cartel leaders and arrest them" - however as of October 2011, none of the targeted high-level cartel figures had been arrested. These operations were done under the umbrella of Project Gunrunner, a project intended to stem the flow of firearms into Mexico by interdicting straw purchasers and gun traffickers within the United States. The Jacob Chambers Case began in October 2009 and eventually became known in February 2010 as Operation Fast and Furious after agents discovered Chambers and the other suspects under investigation belonged to a car club.

    <span class="mw-page-title-main">CGTN America</span> American Chinese-run television news channel

    CGTN America is a channel of China Global Television Network (CGTN), the international division of the state-owned media organization China Central Television (CCTV), the headquarters of which is in Beijing, China. It is one of six international language news channels run by CGTN, under the control of the Propaganda Department of the Chinese Communist Party. CGTN America is headquartered at 1099 New York Avenue NW, Suite 200 in Washington, D.C., and manages bureaus in New York City, Washington, D.C., as well as spanning coverage in North and South America. CGTN America began broadcasting in the United States on 6 February 2012, replacing the former English language CCTV-9 in the region.

    <span class="mw-page-title-main">National Blue Alert Act of 2013</span>

    The National Blue Alert Act of 2013 is a bill that was introduced in the United States House of Representatives of the 113th United States Congress on January 4, 2013. The bill instructs the Department of Justice (DOJ) to create a national Blue Alert communication system under the direction of a national coordinator. The system would spread important information about law enforcement officers hurt or killed in the line of duty in an attempt to make catching the perpetrators easier.

    A civil investigative demand (CID) is a discovery tool used by a number of executive agencies in the United States to obtain information relevant to an investigation. By contrast with other discovery mechanisms, CIDs are typically issued before a complaint has been filed by the government in order to commence a lawsuit against the recipient of the CID. CIDs are considered a type of administrative subpoena.

    References

    1. ↑ "Foreign Agents Registration Act". www.justice.gov. August 17, 2017. Retrieved September 5, 2022.
    2. 1 2 Foreign Agents Registration Act: An Overview Congressional Research Service. Updated March 7, 2019
    3. 1 2 Foreign Agents Registration Act: An Overview Congressional Research Service (2019)
    4. ↑ "Frequently Asked Questions". www.justice.gov. August 21, 2017. Retrieved September 5, 2022.
    5. ↑ 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.
    6. 1 2 "The swampy business of lobbying for foreign governments". The Economist. ISSN   0013-0613 . Retrieved September 5, 2022.
    7. 1 2 3 4 "The Justice Department's New, Unprecedented Use of the Foreign Agents Registration Act". Lawfare. December 18, 2019. Retrieved September 6, 2022.
    8. 1 2 Michel, Casey; Freeman, Ben (September 3, 2020). "The Danger of Banning Foreign Lobbying: It's a Real Problem, But Biden's Proposal Isn't the Right Fix" . Foreign Affairs . Vol. 99, no. 5. ISSN   0015-7120. Archived from the original on September 4, 2020. Retrieved September 6, 2020.
    9. ↑ "The swampy business of lobbying for foreign governments". The Economist. ISSN   0013-0613 . Retrieved September 24, 2022.
    10. ↑ 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.
    11. ↑ "NSD Organization Chart". www.justice.gov. August 4, 2017. Retrieved September 5, 2022.
    12. ↑ National Security Division, U. S. Department of Justice (August 17, 2017). "Browse Filings". www.justice.gov. Retrieved September 5, 2022.
    13. ↑ "Farewell Address | The American Presidency Project". www.presidency.ucsb.edu. Retrieved September 24, 2022. As avenues to foreign influence in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent patriot. How many opportunities do they afford to tamper with domestic factions, to practice the arts of seduction, to mislead public opinion, to influence or awe the public councils! Such an attachment of a small or weak toward a great and powerful nation dooms the former to be the satellite of the latter. Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government. But that jealousy, to be useful, must be impartial, else it becomes the instrument of the very influence to be avoided, instead of a defense against it. Excessive partiality for one foreign nation and excessive dislike of another cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other. Real patriots who may resist the intrigues of the favorite are liable to become suspected and odious, while its tools and dupes usurp the applause and confidence of the people to surrender their interests.
    14. ↑ Gouverneur Morris: “How far foreign powers would be ready to take part in the confusions he would not say. Threats that they will be invited have it seems been thrown out. He drew the melancholy picture of foreign intrusions as exhibited in the History of Germany, and urged it as a standing lesson to other nations.” Records of the Federal Convention of 1787, edited by Max Farrand, vol. 1 (New Haven: Yale University Press, 1911), p. 530.
    15. ↑ “Non-Intervention,” Congressional Globe vol. 21 (January 19, 1852), p. 298.
    16. ↑ “General Wilkinson,” House debate, Annuals of the Congress of the United States, vol. 18 (January 18, 1808), pp. 1461-1462. General Wilkinson was given back his commission by President James Madison on February 14, 1812. In explaining why General Wilkinson was being recommissioned, President Madison wrote “that although there are instances in the Court, as well as in the conduct of the Officer on trial, which are evidently and justly objectionable, his acquittal of the several charges agst.[sic] him is approved, and his sword is accordingly ordered to be restored.” Andro Linklater, An Artist in Treason: The Extraordinary Double Life of General James Wilkinson (New York: Walker Publishing Company, 2009), p. 294.
    17. 1 2 "Foreign Lobbying Isn't Inherently Bad—Until There Are Lies". news.yahoo.com. Retrieved September 24, 2022.
    18. ↑ Maggie McKinley, “Lobbying and the Petition Clause,” Stanford Law Review, vol. 68, issue 5 (May 2016), pp. 1131- 1206; and Nicholas W. Allard, “Lobbying Is an Honorable Profession: The Right to Petition and the Competition to Be Right,” Stanford Law & Policy Review, vol. 19, no. 1 (2008), pp. 23-69
    19. ↑ Testimony of Carl J. Austrian, American-Jewish Committee, in U.S. Congress, House Committee on the Judiciary, Subcommittee No. 1, To Require the Registration of Certain Persons Employed by Agencies To Disseminate Propaganda in the U.S., hearing on H.R. 1591, 75th Cong., 1st sess., June 16, 1937, unpublished (Washington: GPO, 1937), p. 28.
    20. ↑ H.R. 2583 (65th Congress), introduced April 10, 1917
    21. ↑ H.R. 5287 (65th Congress), introduced August 24, 1917
    22. ↑ H.Res. 198 (73rd Congress), agreed to March 20, 1934.
    23. ↑ U.S. Congress, Special Committee on Un-American Activities, Investigation of Nazi and Other Propaganda, 74th Cong., 1st sess., February 15, H.Rept. 153 (Washington: GPO, 1935), p. 2.
    24. ↑ Foreign Agents Registration Act (FARA): Background and Issues for Congress (fas.org), p. 4.
    25. ↑ Nick Robinson, ENHANCING THE FOREIGN AGENTS REGISTRATION ACT OF 1938, written testimony given before the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties (April 5, 2022)
    26. 1 2 3 4 5 6 7 8 Foreign Agents Registration Act Enforcement Archived January 7, 2015, at the Wayback Machine , Department of Justice website.
    27. ↑ Amending Act Requiring Registration of Foreign Agents: Hearings Before the Subcomm. No. 4 of the H. Comm. on the Judiciary, 77th Cong. 28 (1941) (statement of Hon. Adolf A. Berle, Jr., Assistant Sec’y of State) [hereinafter 1941 Hearings].
    28. 1 2 Notes on 22 U.S.C. § 611 : US Code Archived February 22, 2012, at the Wayback Machine , FindLaw website.
    29. ↑ Staff of S. Comm. on Foreign Relations, 87th Cong., Nondiplomatic Activities of Representatives of Foreign Governments 11 (Comm. Print 1962).
    30. 1 2 Department of Justice Manual. Kluwer Law International. 2012. p. 2062. ISBN   978-1-4548-2445-9.
    31. 1 2 3 4 22 USC § 611 - Definitions Archived June 14, 2017, at the Wayback Machine , Cornell University Law School website.
    32. ↑ "The swampy business of lobbying for foreign governments". The Economist. ISSN   0013-0613 . Retrieved September 24, 2022.
    33. ↑ Julie Hilden, The Documentary "This Film Is Not Yet Rated" Raises an Interesting Question About the MPAA Film Ratings System Archived November 29, 2011, at the Wayback Machine , FindLaw website, February 5, 2007.
    34. ↑ Block v. Meese, 793 F.2d 1303 (D.C. Cir.) Archived December 10, 2011, at the Wayback Machine at OpenJurist.org.
    35. ↑ Foreign Agent Registration Act website FAQ Archived April 14, 2012, at the Wayback Machine /
    36. ↑ Kevin Bogardus, Foreign Lobbyist Database Could Vanish; Justice Department claims merely copying its foreign agents database could destroy it PublicIntegrity.org, July 28, 2004.
    37. 1 2 Alex Knott, Foreign Lobbying Database Up and Running Archived October 27, 2017, at the Wayback Machine , Congressional Quarterly, May 30, 2007.
    38. ↑ "22 U.S. Code § 613 - Exemptions". LII / Legal Information Institute. Archived from the original on May 29, 2016. Retrieved April 29, 2016.
    39. ↑ Hamburger, Tom (June 27, 2017). "Former Trump campaign chairman Paul Manafort files as foreign agent for Ukraine work". Washington Post . Archived from the original on June 29, 2017. Retrieved June 29, 2017.
    40. ↑ Baker, Peter; Rosenberg, Matthew (March 10, 2017). "Michael Flynn Was Paid to Represent Turkey's Interests During Trump Campaign". The New York Times. ISSN   0362-4331. Archived from the original on March 25, 2017. Retrieved June 29, 2017.
    41. ↑ "Mike Flynn attended intelligence briefings while a lobbyist for Turkey". NBC News. Archived from the original on March 10, 2017. Retrieved June 29, 2017.
    42. ↑ Anupama Narayanswamy and Luke Rosiak, Adding it up: The Top Players in Foreign Agent Lobbying Archived July 1, 2017, at the Wayback Machine , ProPublica, August 18, 2009.
    43. ↑ Lake, Eli (2014). "Confessions of a Putin Spin Doctor". The Daily Beast. Archived from the original on March 12, 2014. Retrieved March 12, 2014.
    44. ↑ There were 85 cases as of 1992.Foreign Agents Registration Act—Cases and Material Archived November 21, 2014, at the Wayback Machine , Department of Justice website.
    45. ↑ Johnson, Robert C. Jr. (1998). Race, Law and Public Policy: Cases and Materials on Law and Public Policy of Race. Black Classic Press. p. 472. ISBN   978-1-58073-019-8. OCLC   54617416. Archived from the original on May 3, 2014.
    46. ↑ United States v John Joseph Frank case Archived 2014-05-03 at the Wayback Machine .
    47. ↑ Report to Congress On the Activities and Operations Of the Public Integrity Section For 1978 Archived 2012-04-02 at the Wayback Machine , Department of Justice.
    48. ↑ Yuk K. Law, The Foreign Agents Registration Act: A new Standard for Determining Agency, Fordham International Law Journal, Volume 6, Issue 2, 1982, Article 5, pp. 366, 372-374, 379.
    49. ↑ "Irish America and the Ulster Conflict 1968-1995". CAIN Web Service. Archived from the original on May 31, 2011. Retrieved September 27, 2008.
    50. ↑ Yuk K. Law, "The Foreign Agents Registration Act: A new Standard for Determining Agency", pp. 379, 380.
    51. ↑ Appeal of Department of Justice Order at Attorney General of the United States V. Irish People, Inc. Archived 2012-04-07 at the Wayback Machine , United States Court of Appeals, District of Columbia Circuit, Decided July 25, 1986.
    52. ↑ 4 June 2008, United States Court of Appeals for the Eleventh Circuit, D. C. Docket No. 98-00721-CR-JAL Archived February 21, 2012, at the Wayback Machine .
    53. ↑ United States vs. Samir A. Vincent documents Archived February 14, 2006, at the Wayback Machine .
    54. ↑ Larry Neumeister, Oil-for-Food Witness Receives Lenient Sentence Archived October 15, 2008, at the Wayback Machine , Associated Press, April 25, 2008.
    55. 1 2 Martin J. Manning, Clarence R. Wyatt, Encyclopedia of Media and Propaganda in Wartime America, Volume 1, ABC-CLIO, 2010, p. 522 Archived February 25, 2017, at the Wayback Machine
    56. ↑ Savage, Charlie (July 19, 2011). "F.B.I. Arrests Man Said to Be a Front for Donations". The New York Times. Archived from the original on August 18, 2017. Retrieved July 20, 2011.
    57. ↑ Matthew Barakat, Kashmir activist sentenced to 2 years in Va., Associated Press, March 30, 2012.
    58. ↑ "Virginia Man Pleads Guilty in Scheme to Conceal Pakistan Government Funding for His U.S. Lobbying Efforts". justice.gov. December 7, 2011. Retrieved May 31, 2023.
    59. ↑ "Russia's RT America registers as 'foreign agent' in U.S." Reuters. November 13, 2017. Archived from the original on November 13, 2017. Retrieved November 14, 2017.
    60. ↑ "Justice Department Has Ordered Key Chinese State Media Firms to Register as Foreign Agents". The Wall Street Journal . September 18, 2018. Archived from the original on April 18, 2019. Retrieved February 1, 2020.
    61. ↑ Friedrich, Pieter (September 16, 2020). "OFBJP now listed as foreign agent under US Law, ties with ruling BJP laid bare". Two Circles . Archived from the original on September 17, 2020.
    62. ↑ Hsu, Spencer S. "Major RNC, Trump fundraiser Elliott Broidy pleads guilty to acting as unregistered foreign agent". Washington Post. ISSN   0190-8286 . Retrieved October 21, 2020.
    63. ↑ Vogel, Kenneth P. (October 20, 2020). "Elliott Broidy Pleads Guilty in Foreign Lobbying Case". The New York Times. ISSN   0362-4331 . Retrieved October 21, 2020.
    64. ↑ "Elliott Broidy Pleads Guilty for Back-Channel Lobbying Campaign to Drop 1MDB Investigation and Remove a Chinese Foreign National". justice.gov. October 20, 2020. Retrieved May 31, 2023.
    65. ↑ See, e.g., 18 U.S.C. § 951; Public Law 893, 50 U.S.C. §§ 851–857; and 18 U.S.C. § 2386.
    66. ↑ Executive Order 12947 (1995)
    67. ↑ James Shanahan, Propaganda without propagandists?: six case studies in U.S. propaganda, Hampton Press, 2001, p 108: "The DOJ's search for those who fail to disclose accurately their relationship with foreign groups and enforcement of FARA is selective."
    68. ↑ Yuk K. Law, "The Foreign Agents Registration Act: A new Standard for Determining Agency", pp. 373, 379, 380.
    69. ↑ Elihu Rosenblatt, editor, Criminal Injustice: Confronting the Prison Crisis, South End Press, 1999, pp 104-105 Archived February 25, 2017, at the Wayback Machine ISBN   9780896085398.
    70. ↑ Ward Churchill, Jim Vander Wall, Agents of repression: the FBI's secret wars against the Black Panther Party and the American Indian Movements, South End Press, 2001, p. 375 Archived February 25, 2017, at the Wayback Machine , ISBN   9780896086463
    71. ↑ Abraham Ben-Zvi, Decade of Transition: Eisenhower, Kennedy, and the Origins of the American-Israeli Alliance, Columbia University Press, 1998, p. 98 Archived February 26, 2017, at the Wayback Machine , ISBN   978-0-231-11262-8
    72. ↑ Poirot, Collin P.; Shahshahani, Azadeh (April 25, 2023). "The DOJ Is Using "Foreign Agents" Accusations to Repress Black Liberation Organizers" . Retrieved August 18, 2023.
    73. 1 2 Ori Nir, Leaders Fear Probe Will Force Pro-Israel Lobby To File as ‘Foreign Agent’ Archived January 27, 2012, at the Wayback Machine , The Forward , December 31, 2004.
    74. ↑ "2 Senior AIPAC Employees Ousted" Archived January 19, 2017, at the Wayback Machine , Washington Post , April 21, 2005
    75. ↑ US vs Franklin, Rosen, & Weissman Archived May 20, 2012, at the Wayback Machine , 2005, US District Court for the Eastern District of Virginia, Grand Jury Indictment.
    76. ↑ "Defense Analyst Guilty in Israeli Espionage Case" Archived March 14, 2017, at the Wayback Machine , Washington Post , Oct. 6, 2005
    77. ↑ Barakat, Matthew. "Ex-Pentagon Analyst Sentenced to 12 Years", Associated Press, January 21, 2006 Accessed May 18, 2007
    78. ↑ Audit of the National Security Division’s Enforcement and Administration of the Foreign Agents Registration Act Archived February 12, 2020, at the Wayback Machine , September 2016, p 17-18.
    79. ↑ Interaction Open Letter to Congress Concerning the Foreign Agents Registration Act Archived February 26, 2020, at the Wayback Machine , April 23, 2018.
    80. ↑ "Nick Robinson, "Foreign Agents" in an Interconnected World: FARA and the Weaponization of Transparency, Duke Law Journal (2020)". Archived from the original on February 26, 2020. Retrieved February 26, 2020.
    81. ↑ Woodruff Swan, Betsy (July 16, 2020). "Barr lambastes Apple in China speech". POLITICO. Archived from the original on July 18, 2020. Retrieved July 18, 2020.
    82. ↑ Martina, Michael (November 13, 2021). "Chinese embassy lobbies U.S. business to oppose China bills -sources". Reuters . Retrieved November 14, 2021.

    Further reading

    This page is based on this Wikipedia article
    Text is available under the CC BY-SA 4.0 license; additional terms may apply.
    Images, videos and audio are available under their respective licenses.