In recent times, the US Department of Justice has secured a conviction against Wang Shujun, the secretary-general of the Hu Yaobang Zhao Ziyang Memorial Foundation, under the Foreign Agents Registration Act (FARA). This case marks a significant example of the broad application of the law concerning foreign agents. It highlights the expansion of law enforcement scope, particularly under Section 951, which holds accountable those engaging in covert activities designed to influence Americans or obtain information about Americans under the direction of foreign governments. Wang Shujun faced charges under Section 951(a) and other provisions in this case.
The US Department of Justice has stepped up enforcement efforts in recent years regarding the Foreign Agents Registration Act (FARA) and Title 18, Section 951 of the US Code (18 U.S.C. § 951), reflecting an increased focus on foreign influence activities. Although both laws involve foreign agents, they are distinct legal frameworks.
Section 951 defines a “foreign government agent” as an individual operating within the United States under the direction or control of a foreign government or official. It is part of the 1917 Espionage Act and aims to prohibit conducting business in the US under foreign government direction or control without notifying the Attorney General. FARA primarily targets individuals or entities engaging in political or propaganda activities on behalf of foreign principals, requiring detailed registration and periodic reporting to ensure transparency in foreign influence on US policies and opinions.
While Section 951 was historically used to combat traditional espionage activities, recent cases brought under this law focus more on “influence operations” and harassment of Americans holding differing political views, with many recent cases involving China’s “global suppression.” In another pending case, the former chairman Lu Jianwang and secretary-general Chen Jinping of the Changle Association are accused of working on behalf of China’s Ministry of Public Security to establish illegal police stations overseas and conspiring to violate Section 951.
The record increase in the number of foreign agent cases underscores the significance of this issue for national security. The US Department of Justice and the Federal Bureau of Investigation are devoting substantial time and resources to investigate and prosecute these cases. Eun Young Choi, Deputy Assistant Attorney General in the Department of Justice’s National Security Division, disclosed at the end of last year during the national FARA forum that the department responsible for enforcing the foreign agents law had increased its personnel.
According to information on the Department of Justice website, the distinctions between Title 18, Section 951 of the US Code and FARA are as follows:
Scope: FARA focuses on individuals or entities representing foreign principals engaging in political or propaganda activities, requiring detailed registration and periodic reporting to ensure transparency in foreign influence on US policies and opinions. Section 951 requires anyone acting as a foreign government agent, regardless of the political nature of their activities, to notify the US Attorney General. It has a broader scope typically involving cases related to espionage or covert activities.
Purpose: FARA aims to alert the government and the public about foreign influence on US affairs. Section 951 focuses on preventing secret actions or intelligence activities on US soil without appropriate notification to the US government.
Penalties: Both regulations include penalties for violations, but Section 951 generally imposes harsher criminal penalties, including potential prison sentences of up to 10 years. Despite both laws addressing foreign agents’ influence and activities within the United States, Title 18, Section 951 of the US Code is a distinct standalone law from FARA, with different requirements and legal implications.