The U.S. Department of Justice is putting immigrant communities, nonprofit organizations and ethnic media outlets on notice: activities carried out on behalf of foreign governments or foreign principals can trigger federal disclosure requirements – and ignorance of the law may not protect those involved.
In a September 16th warning, the DOJ highlighted potential civil and criminal liability under the Foreign Agents Registration Act (FARA) and a separate federal law, 18 U.S.C. § 951, for individuals who act as agents of foreign governments without meeting applicable registration or notification requirements.
The warning is significant for communities that maintain strong cultural, political and economic ties with countries overseas.
Community organizations, nonprofit groups, advocacy networks and ethnic media sometimes communicate with foreign officials, receive financial support from overseas or participate in activities involving foreign institutions. Those relationships do not automatically make someone a foreign agent, but certain activities conducted at the direction or control of a foreign principal can create legal obligations.
Ethnic media organizations could also face questions when publishing or distributing material on behalf of foreign governments or foreign principals. FARA generally focuses on the nature of the relationship and activities involved – not simply a person’s immigration status, nationality or the language of a publication.
The DOJ emphasized that FARA does not ban constitutionally protected speech or political expression. Instead, it imposes disclosure requirements in circumstances covered by the law.
The stakes can be substantial. The department warns that violations of federal foreign-agent laws can result in criminal penalties, including imprisonment.
For immigrant leaders, nonprofit executives, community advocates and ethnic media professionals, the message is clear: know who is directing, funding or coordinating an activity before assuming it is simply community advocacy or media work.
The DOJ is urging anyone uncertain about potential obligations to seek legal counsel or guidance from its FARA Unit.
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