FARA’s Interests on Nonprofit Interest Groups

Noura Almazrouei

G01348963

Administration in Public and Nonprofit Organization

PUAD 502

10/10/2023
 Policy Memo

To: Congressman Gerry Connoly (D-VA)

From: Noura Almazrouei

Date: 10/10/2023

Subject: The Need for Foreign Agents Registration Act (FARA) to be Amended

Summary

This policy memo is a much needed analysis of the Foreign Agents Registration Act (FARA)

of 1938, with persuasion of why it needs to be amended. Some of your colleagues have more

or less tried to utilize the FARA to target nonprofit interest groups due to some policy

disagreements. This policy explains the boundaries of which both parties should adhere to

based on the requirements that FARA provide. It also analyzes the implications that this

unprecedented utilization has on the nonprofit interest groups, especially when it comes to

violating their civil rights.

Background & Context

Since its enactment in 1938, the Foreign Agents Registration Act has been about promoting

accountability and transparency. This is especially in lobbying efforts conducted on behalf of

foreign entities within the United States. The Act mostly targets individuals and organizations

that are engaged in political and lobbying activities with foreign governments. These foreign

involvements requires the participants to register and report any and all activities with the

Department of Justice. Be it political activities, finance and relationship.

Nonprofit interest groups do fall under this category, especially when they have foreign

advocacy missions. They have to report their foreign-related activities with the D.O.J. who

will then facilitate and ensure all is under the purview of the United States national security.
In recent years, there have been concerns that the some nonprofit interest groups might

potentially misuse the FARA. Other counterarguments suggest that the FARA has been

weaponized as a tool to stifle dissent and restrict the activities of advocacy organizations.

Whether any of these issues is true, it falls under the Congress to ensure a balance between

national security interest and the protection of free speech and civil society that the nonprofit

interest groups have rights to. I believe an amendment would suffice.

Recommendations

Aside from initiative of the FARA amendment, there are some ways that this balance could

be reached:

 As a member of the Congress, it is your responsibility to clarify and strengthen laws,

including the FARA. By clarifying its original intents, your colleagues can understand

that one focus was on activities conducted on behalf of foreign government and

entities, not domestic nonprofit interest groups.

 Another responsibility of the Congress is to protect the First Amendment rights of the

nonprofit interest groups. By explicitly ensuring that FARA protects these rights, it

safeguards against politically motivated enforcement that may impede legitimate

advocacy efforts.

Alternatives

One major is to completely revoke the FARA. As much as this seems extreme considering

the circumstances, one would think that by the sheer removal of the Act, the potential misuse

of it. However, challenges of this removal is warranted, especially with some of your

colleagues who employed the use of this Act to get back at some nonprofit interest groups.

So, resistance is bound to be felt.

Limitations & Barriers

Just as the removal of the Act may face oppositions, its amendment is not far off. Many laws,

including the FARA, have ambiguities, in terms of their provisions and requirements. For

instance, one could ask: does the nonprofit interest groups fall under the categories of

individuals and organizations which FARA target? Such gaps may still lead to misuse if the

Act is not amended properly.

Conclusion

It is true that the Foreign Agents Registration Act (FARA) is instrumental in ensuring that

nonprofit interest groups promote transparency and accountability in all their dealings. But

where they draw the line is when government officials weaponized the Act to meet their

demand of putting these groups in check. It is at this that free speech and civil rights

boundaries may be crossed. This would give the Congress a bad look, especially when

legislation is what they are involved in. With that, Congress should clarify the FARA’s

purpose and protect the rights of all citizens, nonprofit interest groups included. This can

bring about a balance between these two interests, ensuring fairness and accountability.