The Chinese Communist Party leader Xi Jinping is set to visit Washington next Thursday, September 24th. In anticipation of his visit, the US Department of Justice (DOJ) issued a statement on Wednesday, reminding individuals in the United States who are acting under the direction or control of a foreign government or other foreign principals that they may have legal obligations to register or notify authorities. Failure to do so could result in federal civil or criminal liability.
The announcement warned that individuals who act under the direction or control of a foreign government or other foreign principals and fail to fulfill their obligations may face federal civil or criminal penalties. Even activities such as public gatherings could be subject to the law if they are conducted under the direction or control of foreign forces and aimed at promoting their propaganda or other agendas.
The DOJ’s announcement did not specifically name any particular organizations and did not limit the warning to specific activities. Instead, it used the broader concept of “public activities” to emphasize that individuals acting as agents of foreign forces engaging in public activities must register with the relevant federal authorities.
The DOJ emphasized that this reminder applies to both US citizens and non-citizens. The two main federal laws involved are the 1938 Foreign Agents Registration Act (FARA) and Section 951 of Title 18 of the US Code. These laws require disclosure or notification obligations for foreign agents operating within the United States.
One of the purposes of these laws is to prevent foreign governments or their representatives from illegally influencing public discourse, inciting activities, or interfering with government proceedings through undisclosed agents, intermediaries, false affiliations, secret funding, or other deceptive means.
However, the DOJ also stressed that the announcement is not targeting any specific political stance. The government recognizes and protects the freedom of speech and expression guaranteed by the First Amendment to the Constitution and does not aim to hinder constitutionally protected speech or political expression; the legal obligations focus on registration, disclosure, or notification requirements under FARA or Section 951.
Failure to register under FARA and Section 951 could lead to criminal penalties of up to five and ten years of imprisonment, respectively. The DOJ advises individuals to consult a lawyer or seek guidance from the DOJ’s FARA unit to determine whether they have relevant legal obligations.
This announcement from the DOJ comes amid demonstrations expected in Washington both in support and opposition to the Beijing government ahead of Xi Jinping’s visit to the US.
These current events imply that individuals participating in various “public activities” preceding Xi Jinping’s US visit, such as welcoming events, rallies, flag-raising ceremonies, or public demonstrations, need to assess the organizational ties, funding sources, control structures, and roles played by participants if they involve relationships with foreign governments.
Prior to the DOJ’s announcement, there were circulating messages within overseas Chinese communities mobilizing individuals to participate in welcoming activities for Xi Jinping in Washington.
Information leaked from WeChat group chats and recruitment messages indicated that individuals were being organized to travel to Washington for related “welcoming activities” funded by the Chinese embassy and chambers of commerce. These messages provided details of free airfare, accommodation, and other arrangements for participants.
This is not the first time that overseas Chinese groups’ mobilization efforts have been exposed. During the 2023 APEC Summit in San Francisco, media reports in the US revealed the operations wherein the Chinese consulate and pro-China ethnic groups mobilized individuals to serve as a “human wall” and flood the streets with flags to drown out protesters against Xi Jinping. The clashes between pro-China groups and protesters resulted in violent confrontations and condemnation.
Lastly, the DOJ reminds individuals holding undisclosed information about activities controlled or directed by a foreign government to report it to the FBI or the local US Attorney’s Office.