U.S. Department of Justice issues warning on foreign agent registration

The U.S. Department of Justice issued a notice on September 16 reminding the public that individuals acting under the direction or control of a foreign government must register as foreign agents. The department cited the Foreign Agents Registration Act (FARA) and 18 U.S.C. § 951, noting that failure to comply can result in civil or criminal liability, including up to five years in prison.

The DOJ stated that these rules are intended to prevent foreign governments from using intermediaries or funding to secretly shape debate or interfere with official proceedings. The department emphasized that it recognizes and protects First Amendment rights, asserting that it will not take action to inhibit constitutionally protected free speech or allow decisions to be influenced by political associations.

However, critics have expressed concern that the DOJ’s guidance could be used to criminalize political dissent. Specifically, concerns have been raised that public demonstrations or political positions that happen to coincide with the interests of a foreign government—such as anti-war activism or opposition to certain blockades—could be reframed as illegal foreign influence or propaganda.