The Department of Justice issued a reminder on September 16, 2026, that individuals acting in the United States at the direction or control of a foreign government or foreign principal must register as foreign agents. Failure to register may result in civil or criminal sanctions, including a maximum of five years in prison.

Why It Matters

The reminder reinforces enforcement of laws designed to ensure transparency in foreign influence operations within the United States. There were 41 comparable prior events regarding unregistered foreign agents in the year preceding September 16, 2026. The Department of Justice aims to prevent foreign governments from using undisclosed agents to influence public debate or official proceedings while maintaining that it will not inhibit constitutionally protected rights.

Timeline

On September 16, 2026, the Department of Justice issued a reminder that individuals acting in the United States at the direction or control of a foreign government or foreign principal must register as foreign agents. On the same date, the Department of Justice stated that FARA obligations aid in stopping foreign governments from using undisclosed agents, intermediaries, false affiliations, covert funding, or other deceptive activities to illegally influence public debate, suborn sedition, or interfere with official proceedings. Also on September 16, 2026, the Department of Justice stated it will not take action to inhibit constitutionally protected rights to free speech and free expression.

The Department of Justice stated that its decisions will not be illegitimately influenced by anyone’s political associations, activities, or beliefs on September 16, 2026. The Foreign Agents Registration Act (FARA) and 18 U.S.C. § 951 impose disclosure or notification obligations on persons acting in the United States as agents of a foreign principal or foreign government, a fact noted on September 16, 2026. On September 16, 2026, it was noted that individuals with questions about potential obligations under FARA or 18 U.S.C. § 951 may seek an Advisory Opinion from the Department’s FARA Unit under 28 C.F.R. § 5.2. On September 16, 2026, it was stated that individuals acting as agents of a foreign power to carry out public activity, including public demonstrations, must register with or notify appropriate federal authorities.

What's New

The Foreign Agents Registration Act (FARA) Unit is submitting a revision of the Registration Statement (Form NSD-1), OMB #1124-0001, to the Office of Management and Budget for review and approval. If the Attorney General determines that a person is engaged in or about to engage in any acts which constitute or will constitute a violation of any provision of FARA, or any regulations thereunder, or whenever any agent of a foreign principal fails to comply with FARA or the regulations thereunder, the Attorney General may seek court orders to enforce compliance.

How Sources Differ

The Department of Justice press release "Liability for Unregistered Foreign Agents" states that the Foreign Agents Registration Act (FARA) and 18 U.S.C. § 951 impose disclosure or notification obligations on persons acting in the United States as agents of a foreign principal or foreign government.