Is it true that the American law on “foreign agents” is more rigid than in Russia?

Almost every Friday, the Ministry of Justice of the Russian Federation replenishes the list of “foreign agents”, including journalists, media, public organizations, political activists and even cultural figures. At the same time, the Russian authorities say that the American analogue of such a law is much tougher. We decided to check if this is so.

In June 2021, Russian President Vladimir Putin compared in sufficient detail the laws on “foreign agents” in the Russian Federation and the USA. IN interview The American television company NBC, to the question of the fight against dissent in Russia, answered this: “This is not our invention, back in the 30s, the law on foreign agents was adopted in the United States, and it was much more stringent than ours, including the prevention of interference in the domestic political life of the United States. And in general, in general, I believe that it is justified. ” In May 2022, the need to tighten the "too liberal" Russian law He said and deputy chairman of the Russian Security Council Dmitry Medvedev. And more recently, in March 2023, the severity of the American law on “foreign agents” was again spoke in connection with a similar bill in Georgia, which, however, is the ruling party I recalled After mass protests.

American law on registration of foreign agents (Foreign Agents Registration Act, Fara), indeed, was adopted in 1938 and provided for mandatory registration of organizations and persons leading political activities in the United States and at the same time related to foreign governments. The reason for its adoption was the activity of the emissaries of Nazi Germany. Subsequently, Fara was used during the period McCartismWhen the communist agent was seen in every left intellectual.

But since then, the law has changed seriously. In 1966, he was accepted by amendments that shifted the emphasis: Now The law is not about any political activity, but primarily about lobbying - that is, organizations or individuals who actually work with foreign powers fell under its action and at the same time seek to get economic or political advantages for their “customer”, influencing state decisions.

There are two important terms in American law: an agent (that is, one who acts) and a foreign principal (the one in whose interests the agent acts). In the modern edition of Fara indicatedthat the agent is the one who controls, whom he controls or finances in full or for the most part of a foreign principal. This is an important difference from Russian law. For example, movement in defense of voter rights "Voice" found out From court documents, which fell into the register of “foreign agents” due to bank transfer from Armenia citizen in the amount of 200 rubles. And among the reasons for inclusion among the "foreign agents" of the employees of the "Project" publication indicated reposts of publications of the media, “foreign agents”. In the latest edition of the Russian law The formulations are maximally vague about the “foreign agents”: “Foreign influence means providing a foreign source to a person of support and (or) influencing the face, including by coercion, conviction and (or) in other ways.” And support, according to the same law, is “providing a person with a foreign source of funds and (or) other property.” That is, formally 200 rubles are also considered support from a foreign source. But now this is not so important: the “ino -agent” can be recognized even in the absence of funding, exclusively for “influence”.

The procedure for getting into the list of "foreigners" also varies significantly. In Russia, de facto includes in this list forcibly, at the request of the Ministry of Justice, who is not even obliged to publicly prove the receipt of foreign financing or falling under foreign influence. In the United States, a potential "foreign Agent" He sends himself Documents to the Ministry of Justice, there they are studied and included by the applicant in the register. If, as in the case of RT and the American legal channel, the US Ministry of Justice independently reveals dependence on a foreign source, then at first he also offers to register voluntarily, and then includes in the list.

By 2023, in Russia, “foreign agents” became Almost everything The remaining independent media. In the USA in the corresponding list Only the RT channel, directly related to the Russian state, as well as Chinese television channels and state news agency "Sinhua".

In Russia, as in the USA, large fines are provided for the lack of marking, but, unlike American norms, this applies not only to sites of organizations, but also of any social networks or products (for example, books and magazines). So, in the fall of 2019, the Human Rights Center "Memorial" in two weeks fined A total of a million rubles for the lack of marking on YouTube and Facebook. And in February 2023 appeared and The first criminal case On "repeated evasion of the duties of a" foreign agent "." These responsibilities are in thorough financial reporting and labeling of any public activity, including posts in social networks.

In the United States, such a marking is provided, but in reality, the majority of “foreign agents” do not execute this situation. From reports of the US Ministry of Justice It can be seen that many American "foreign agents" do not bother and additional financial reporting. Moreover, RT channel, After recognition which in the United States "Ino -agent" was adopted by the Russian law, also Ignores Marking requirement.

Finally, Russian law has Article 11dedicated to restrictions related to the status of "foreign agent". “Ino -Agents” cannot occupy state posts, deprived of the opportunity to participate in election commissions, organize public events, and teach in state and municipal educational organizations. There are no such restrictions in American law.

The only thing that coincides is the maximum punishment: 5 years in prison. In 2021, Vladimir Putin said that in the Russian law “foreign agents” are not threatened with criminal liability, but this is not so. For repeated violation of the law Provided Punishment up to two years in prison, and if it is associated with the “collection of military or military-technical information”, then to five years in prison.

Photo on the cover: Victoria Odissonova/New Gazeta

Not true

What do our verdicts mean?

Read on the topic:

1. Jellyfish. “Is there any hope for a normal life? I doubt. "
2. Jellyfish. Still do not believe that the status of “ino -agent” is a real discrimination? Here are many (short and expressive) examples why this is so.
3. Did Cicero say: “The closer the collapse of the empire, the more crazy its laws”?