DOJ issues rare press release on potential liability for unregistered foreign agents

The U.S. Department of Justice (DOJ) issued a press release reminding the public of federal laws that require registration by agents of foreign principals, including the Foreign Agents Registration Act of 1938 (FARA), which requires agents of foreign principals who engage in certain activities within the United States to register with DOJ, and 18 U.S.C. § 951, which makes it a crime to act as an agent of a foreign government without prior notice to the attorney general. DOJ identified no specific event or development that prompted the statement.

The press release is the latest and clearest indication that DOJ intends to increase enforcement of FARA and related laws. It also signals a willingness to apply these laws in specific policy contexts and to certain types of activities of particular concern to the administration. The press release says that “public activity, including (but not limited to) public demonstrations designed to further the propaganda or other goals of the foreign power,” may trigger registration or notification obligations. The release also referred to efforts “to illegally influence public debate, suborn sedition, or interfere with official proceedings.”

Notably, the press release invited members of the public who may have information about undisclosed foreign government direction or control to contact the FBI or their local U.S. Attorney’s Office.

The press release is one of several steps DOJ has recently taken on the enforcement of foreign agent laws:

• On February 5, 2025, former Attorney General Pam Bondi issued a memorandum stating that FARA and § 951 enforcement would be limited to conduct “similar to more traditional espionage by foreign government actors.”
• However, on September 30, 2025, the president issued a national security presidential memorandum, Countering Domestic Terrorism and Organized Political Violence (NSPM-7), directing the National Joint Terrorism Task Force and its local offices to investigate “non-governmental organizations and American citizens residing abroad or with close ties to foreign governments, agents, citizens, foundations, or influence networks engaged in violations of” FARA.
• Most recently, in an August 2026 Unified Agenda entry, DOJ’s National Security Division said it intends to adopt revisions to FARA’s regulations that would include “many, but not all,” of the proposals in a January 2025 FARA Notice of Proposed Rulemaking that was published under the outgoing Biden administration, changes that could be significant in scope.

The press release suggests that the upcoming draft final rules may not simply revise some of the 2025 proposals, but seek to advance foreign and domestic policy objectives of importance to the administration.

FARA requires every “agent of a foreign principal” to file a registration statement with the attorney general within 10 days of becoming an agent and before engaging in any registrable activities. The statute defines “foreign principal” broadly to include a government of a foreign country, a foreign political party, any person outside the United States (unless shown to be a U.S. citizen domiciled inside the U.S.), and any partnership, association, corporation, or other combination of persons organized under foreign law or having its principal place of business abroad. “Political activities” include any activity that the person believes will, or intends to, in any way influence any U.S. government agency or official, or any section of the American public, with reference to formulating, adopting, or changing U.S. domestic or foreign policy, or with reference to the political or public interests, policies, or relations of a foreign government or foreign political party. A registrant must provide detailed disclosures about its relationship with the foreign principal, the nature of its activities for the principal, and related financial information. The statute provides several complex and highly fact-dependent exemptions from registration.

18 U.S.C. § 951 is a separate criminal statute that criminalizes, with some limited exceptions, acting in the United States as agents of foreign governments without notifying the attorney general. An “agent of a foreign government” means “an individual who agrees to operate within the United States subject to the direction or control of a foreign government or official.” Failure to provide the required notification can result in criminal prosecution, with penalties of up to 10 years’ imprisonment.

In light of DOJ’s public statements and forthcoming regulatory changes, organizations and individuals engaged in activities that may involve foreign direction, control, or funding, particularly in politically sensitive or high-profile policy areas, should carefully review their compliance with FARA and § 951 and be prepared to demonstrate compliance in the event of an investigation.