Fixing the Foreign Agents Registration Act

The blowback over forcing Russian news outlets “Russia Today” (RT) and “Sputnik” to register under the Foreign Agents Registration Act (FARA) has raised questions about whether the law does enough to track foreign influence in the modern media age – or whether it’s the wrong tool to use in the battle against Russian disinformation. FARA historically has been loosely enforced, with only minor implications for the day-to-day operations of foreign agents. But it’s designed to counter influence by lobbyists, not media organizations. To monitor foreign influence effectively, FARA needs to be reformed and adapted to current realities – both on- and offline.

  • FARA legislation was enacted by Congress in 1938, and amended to widen its powers to spot influence peddling in 1966. Its initial focus was aimed at combatting Nazi propaganda at the onset of the World War II. More recently, FARA’s scope has been applied to political lobbyists, like former Trump campaign chairman Paul Manafort, who was indicted on multiple counts of violating FARA by Special Counsel Robert Mueller’s investigation into possible ties between Russia and the Trump campaign.
  • FARA states that “foreign political parties, a person or organization outside the United States, except U.S. citizens, and any entity organized under the laws of a foreign country or having its principal place of business in a foreign country” can fall under its scope.
  • Under the law, lobbyists must identify themselves as foreign agents by registering within 10 days of signing a deal with a foreign client, plus they must submit a copy of the contract. Any promotional materials they send out on behalf of that client must be sent to the Justice Department within 48 hours of their dissemination – and the materials themselves must include a disclosure statement saying they were distributed on behalf of that foreign client. The materials are then made available to the public on the Justice Department’s website.
  • Under that law, Russia Today (RT) and Sputnik would supposedly have to carry a disclaimer on their websites and in their broadcasts seen within the U.S.

Mandy Smithberger, Director,
Military Reform Project, Project on Government Oversight

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