Foreign Agents Registration Act (FARA)

Last Updated: August 25, 2026 

Issue

The Foreign Agents Registration Act (FARA) is a federal disclosure law that was enacted in 1938. It was created to expose efforts by foreign governments and other foreign interests to influence U.S. policy and public opinion. The Department of Justice (DOJ) is responsible for administering and enforcing FARA.

FARA applies to certain people and organizations that act on behalf of a “foreign principal.” A foreign principal can be:

  • A foreign government or political party;
  • A person living outside the U.S. unless the individual is a U.S. citizen whose permanent residency remains in the U.S.; or
  • A business, foundation, nonprofit, or other organization based in another country.

An organization does not become a foreign agent simply because it receives foreign funding or works with an international partner. Two basic conditions generally must exist for the designation to apply. An organization must:

  • Act at the order, request, direction, or control of a foreign principal
  • Conduct certain activities in the U.S. for that foreign principal.

These activities can include trying to influence public policy or public opinion, advising on political matters, representing the foreign principal before the U.S. government, or distributing money on its behalf. The law’s definition of “political activities” has been interpreted to include public education and advocacy efforts that nonprofits commonly conduct. Organizations covered by FARA must register with the DOJ and must disclose information about their foreign relationships, activities, funding, and expenses. Some communications must also include a statement explaining that they are being distributed on behalf of a foreign principal.

Impact on Philanthropy

Confusion and compliance costs: FARA was written before today’s globalized philanthropic sector. The law’s breadth could include routine nonprofit activities, creating risk and confusion for foundations and nonprofits that work across borders or engage with non-Americans. This leads to increased legal and compliance costs for organizations that continue to engage while chilling cross-border giving from organizations without the resources to support this compliance.

Reputational damage: Organizations could face scrutiny for foreign donors or board members. Even an investigation that finds no violations could discourage donors and partners from working with an organization. While FARA has a disclosure requirement, the term “foreign agent” can create significant reputational harm, including for organizations engaging in legitimate cross-border charitable efforts.

Global civil society: FARA also impacts civil society outside the United States. Some foreign governments have pointed to FARA when adopting their own “foreign agent” laws that have been used to restrict foreign funding and stigmatize local civil society organizations.

Registration and enforcement risks: If your organization's operations and activities fall within the broad purview of FARA, it may make sense to register as a foreign agent rather than risk penalties for non-compliance. Registering as a foreign agent comes with significant considerations, such as public listing on DOJ's website as well as disclosure of foreign agent status on all relevant public materials, which can have a chilling and stigmatizing effect. At the same time, choosing not to register may bring its own risks as both DOJ and Congress have sought to force registration of certain organizations, and non-compliance brings both civil and criminal penalties. Ultimately, FARA has become increasingly politicized over recent decades, and certain activities such as climate advocacy seem to warrant a much higher risk under FARA than others. U.S.-based foundations, if concerned about potential FARA violations, should seek specialized counsel from one of the many firms who work on this law.

Council on Foundations’ Position

As the world becomes increasingly globalized, many grantmakers are looking to serve a broader community through their philanthropy. The Council urges Congress and regulators to support policies that make international philanthropy more efficient, effective, and sustainable, especially as foundations aim to support more organizations that are locally led—while ensuring regulations and compliance rules do not create an undue burden for non-U.S. partners.

Recent Developments

Congressional Activity

Congressional committees and individual lawmakers have also asked DOJ to investigate nonprofits for possible FARA violations. Some inquiries have focused on environmental and climate organizations that receive foreign funding or work with international partners. View the International Center for Not-for-Profit Law’s (ICNL) Congressional Investigations tracker for more information.

In addition, concerns about foreign interference have led members of Congress to introduce several proposals to expand FARA, and the FARA definitions of “foreign agent” and “foreign principal” are commonly used in other legislation aimed at increasing transparency around foreign influence.

Pending Legislation

View ICNL’s FARA-Related Legislation tracker for more information.

Regulatory and Executive Activity

  • September 25, 2025 National Security Presidential Memorandum-7: President Trump’s released a memorandum, “Countering Domestic Terrorism and Organized Political Violence”, naming FARA as one of the existing legal authorities available to investigate NGOs, foundations, and other entities with foreign ties as part of the administration’s domestic counterterrorism strategy.
  • February 5, 2025 Attorney General Pam Bondi memorandum: Then-AG Bondi distributed a memo shortly after her confirmation announcing that DOJ would pursue criminal charges under FARA only in significant instances; instead, DOJ would prioritize civil enforcement and regulatory initiatives. This represented a departure from the Biden Administration DOJ, which prioritized criminal enforcement.
  • January 2, 2025 proposed rule: DOJ proposed changes to FARA regulations that would update definitions, change how certain exemptions (including the commercial exemption) are applied, modernize electronic filing, and create new rules for labeling materials distributed online. This rule has not been finalized. The Council submitted a comment on DOJ’s preceding Notice of Proposed Rulemaking on FARA.

DOJ also provides advisory opinions about whether a planned activity may require registration. These opinions show that FARA can apply to activities that appear charitable or educational. Past opinions have addressed foreign-funded cultural programs, legal assistance, environmental initiatives, and public outreach. However, the agency’s opinions are based on specific facts and do not automatically apply to every similar organization or grant.

State Activity

FARA-related legislation is also emerging at the state level. Since 2024, several states have proposed or enacted laws requiring people or organizations connected to certain foreign governments, entities, or individuals to register with a state agency. Others restrict charitable solicitation by organizations that accept funding from specified foreign sources. These measures vary by state, but some use broad definitions similar to FARA and create additional compliance requirements for nonprofits working across borders. An organization that operates in several states could face different definitions, registration rules, and reporting requirements in each one. View ICNL’s State Foreign Influence Legislation tracker for up-to-date information.

Questions?

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