Russian foreign agent law
The Russian foreign agent law requires any person or organization receiving any form of support from outside Russia or deemed to be under foreign influence to register as a foreign agent. Unlike the United States Foreign Agents Registration Act which targets those specifically acting on behalf of and under control of foreign principals, the Russian law presumes foreign control from any foreign support, however minimal. While FARA applies mainly to professional lobbyists and political consultants working for foreign governments, the Russian legislation affects a broad range of civil society actors including NGOs, media organizations, journalists, and private individuals.
First enacted in 2012 as a response to protests against Vladimir Putin's return to the presidency, the law has been progressively expanded through numerous amendments. The designation carries heavy administrative burdens including mandatory audits, detailed reporting requirements, and obligatory labeling of all publications with a disclaimer about foreign agent status. Organizations and individuals designated as foreign agents face significant restrictions on their activities and risk substantial fines or criminal prosecution for non-compliance.
The European Court of Human Rights has ruled that the law violates fundamental rights and bears "hallmarks of a totalitarian regime" by creating an environment of suspicion toward independent voices. The term foreign agent itself carries strong negative connotations in Russian, associated with Cold War-era espionage, and has been criticized as a tool for stigmatizing and suppressing civil society and press freedom within Russia, particularly groups opposed to Vladimir Putin.
History of legislation
Russian non-profit organizations
On 21 November 2012, the Federal Law of 20 July 2012 No. 121-FZ "On Amendments to Legislative Acts of the Russian Federation regarding the Regulation of the Activities of Non-profit Organizations Performing the Functions of a Foreign Agent", which amends Federal Law No. 82-FZ "On public associations" of 19 May 1995, Federal Law No. 7-FZ "On Non-profit Organizations" of 12 January 1996, Federal Law No. 115-FZ "On countering the legalization of the proceeds of crime and the financing of terrorism" of 7 August 2001, the Criminal Code of Russia, and the Criminal Procedure Code of Russia, entered into force. In accordance to this law, any Russian non-profit organization, except for state and municipal companies, can be declared a foreign agent if it participates in political activity in Russia and receives funding from foreign sources. Political activity is defined as influencing public opinion and public policy, including sending requests and petitions.Foreign-agent media organizations and individuals
Amendments to Mass Media Act (2017)
Federal Law No. 327-FZ, enacted on 25 November 2017, introduced the concept of a "foreign media organization performing the functions of a foreign agent" into the Mass Media Act. A foreign-agent media organization is defined as any foreign entity, incorporated or otherwise, that disseminates printed, audio, audiovisual, or other content intended for an unrestricted audience and receives funding or assets from foreign sources, directly or through Russian entities. These organizations are subject to the same obligations as foreign-agent non-governmental organizations.Expansion of the definition (2019)
Federal Law No. 426-FZ, passed on 2 December 2019, further expanded the scope of foreign-agent media organizations to include individuals. It also introduced a new ground for the designation, allowing individuals or Russian legal entities involved in the creation or dissemination of publications from foreign media organizations or Russian legal entities established by foreign-agent media organizations to be designated as foreign agents. Furthermore, it mandated that each designated foreign entity and individual must establish a Russian legal entity within one month of its designation, which will be registered as a foreign agent and must adhere to the same obligations as a foreign-agent NGO. All materials distributed by these entities must be clearly labelled as originating from a foreign agent, with distribution without the required labelling prohibited.Labelling requirements (2020)
On 23 September 2020, Roskomnadzor, the Russian telecom and media regulator, issued Order No. 124, which outlines specific labelling requirements for materials produced or disseminated by foreign-agent media organizations. The order specifies that labelling has to include a notice indicating the content's foreign-agent status, with the text size being twice that of the main text for printed and online materials. For audiovisual content, the label has to cover at least 20% of the image and be prominently displayed at the start of the material, lasting for at least 15 seconds before any interruptions.Foreign-agent unregistered associations and individuals
Extension to unregistered associations and individuals (2020)
Federal Law No. 481-FZ, enacted on 30 December 2020, expanded the foreign-agent designation to unregistered public associations involved in political activities and receiving funds from foreign sources. The law also applied to individuals, regardless of nationality, who engage in political activity or collect information about Russia's military capabilities and receive foreign funding. Designated individuals must submit reports on their activities and personal expenditures every six months and label all communications with a foreign agent notice.Further restrictions on media (2020)
The law also amended the Mass Media Act, prohibiting media and internet publications from mentioning any foreign-agent entities or individuals or sharing their materials without including a notice of their foreign-agent status.Foreign Agents Act of 2022
New foreign agent definition (2022)
Federal Law No. 255-FZ, passed on 14 July 2022, replaced all previous foreign agent legislation. The law defines a foreign agent as any Russian or foreign entity or individual who receives support or is under foreign influence, and who engages in political activities, gathers information on military capabilities, or creates and disseminates information intended for a broad audience. Political activities include public events, lobbying, conducting opinion polls, and expressing views on government policies.Definitions of foreign influence and sources
Foreign influence is defined as receiving support, whether monetary, organizational, or advisory, from foreign sources, which include foreign states, organizations, nationals, and any individual or entity under foreign influence.Public register and disclosure requirements
The Ministry of Justice maintains a public register of designated foreign agents, which includes personal details such as full names, pseudonyms, taxpayer identification numbers, and grounds for designation. Foreign agents must disclose their status in political activities and label all materials as originating from a foreign agent.Restrictions on foreign agents
Prohibitions on public roles
Designated foreign agents are prohibited from holding public office, participating in election commissions, serving on public advisory boards, and nominating candidates for prison monitoring boards. They are also barred from making political donations, organizing public events, and supporting election campaigns.Restrictions in education and media
Designated individuals and entities are banned from engaging in any kind of educational activity, holding positions in state or municipal educational institutions, and producing content for minors. They are also ineligible for either state or municipial financial support, as well as arts grants. They are also probitied from participating in public procurement.Other restrictions
Foreign agents are barred from investing in or operating critical information infrastructure, providing environmental or anti-corruption expert opinions, and advertising in foreign-agent media organizations. Violations of these regulations can result in administrative or criminal liability, and repeated breaches may lead to the liquidation of the legal entity involved.Implications for NGOs
The foreign agent label increases registration barriers for an NGO in Russia. This includes restrictions on foreigners and stateless peoples from establishing or even participating in the organization. A NGO must then submit to extensive audits. Supervisory powers are allowed to intervene and interrupt the internal affairs of the NGO with suspensions for up to six months.Once labeled as foreign agents, organizations are obliged to mark all their publications and to begin each oral statement with a disclosure that it is being given by a foreign agent. The label also limits the way a foreign organization can make tax-exempt donations to specific people or the NGO by requiring them to register and be placed on a very limited list of approved organizations.
Some NGOs report curtailed access to government officials and public institutions and continued harassment. NGO raids have been reported as being accompanied by television crews from NTV.
A Ministry of Justice report obtained by the Russian business daily Vedomosti in May 2016 said criticism of the foreign agent law qualifies as political activity under the foreign agent law.
Enforcement
2010s
On 4 June 2014, an amendment to the foreign agent law came into force, authorizing the Ministry of Justice to register independent groups as foreign agents without their consent, if the ministry regards the organizations as engaged in political activity and if the organization is receiving foreign funding.By 29 June 2015, according to a report by the Council of Europe's Commissioner for Human Rights, the list of foreign agents included at least 70 NGOs. Of those, only five organizations voluntarily agreed to designate themselves as foreign agents. At least 20 NGOs have ceased their activity either in full or in part, including through self-liquidation. The majority of organizations were included in the first half of 2015. By 24 October 2016, according to a report by Human Rights Watch, the list of active foreign agents included 105 NGOs. Of those, four registered voluntarily and at least 58 were prosecuted for not doing so.
Law enforcement officers in Russia have raided the offices of several targeted organizations to seize documents and records related to their operation. Several prominent international organizations have been targeted, including Amnesty International, Human Rights Watch, and Transparency International. Overall, more than 55 organizations in 16 Russian regions have been audited. These raids are often joined by journalists from NTV, which has aired programs accusing human rights and opposition activists of pushing the interests of the US.
In June 2017, head of the human rights NGO Women of the Don Valentina Cherevatenko was formally charged with malicious evasion of legal requirements set out in the law, making it the first criminal proceedings initiated for non-compliance. She faced two years in prison. In late July 2017, the charges against Cherevatenko were dropped.
Usually the legal basis for foreign agent designation is not available. Petr Manyakhin, who was designated a foreign agent himself and countered this in court, received a legal justification from the Ministry of Justice who argued that Manyakhin received funding in foreign currencies based on three USD bank transfers, which were between his own accounts. Further reasons given were a single retweet in support of Meduza and Manyakhin's 2020 article about torture by the Novosibirsk police.