Agency and FARA

[RozK]

Jurisdiction

New York

Are there any lawyers here who deal with foreign agency/FARA? If so, I have a quick (and probably simple) hypothetical that I would love a response to! Many thanks in advance!

Here is the hypothetical:

I am a US citizen living in NYC. I set up and register a non-profit NGO that does research and advocacy on various human rights issues. We (the NGO) apply for and receive a grant from a European government. The government imposes no conditions on the grant other than what the grant proposal describes. No representatives of any foreign government sit on our board, direct our research, dictate findings or messages, or are otherwise involved in the work we do. Although we may take sides in human rights conflicts and disputes, we do not consider ourselves as representing the interest or perspectives of any government or purport to represent the interests of any government. But the grant we receive from this one European government amounts to more than 50% of our total budget.

Question:

Does the fact that we now receive more than half of our funding from a foreign government mean that we must register the NGO as a "foreign agent" under FARA and report to the DOJ accordingly?

 

[army judge]

Are there any lawyers here who deal with foreign agency/FARA? If so, I have a quick (and probably simple) hypothetical that I would love a response to! Many thanks in advance!

Here is the hypothetical:

I am a US citizen living in NYC. I set up and register a non-profit NGO that does research and advocacy on various human rights issues. We (the NGO) apply for and receive a grant from a European government. The government imposes no conditions on the grant other than what the grant proposal describes. No representatives of any foreign government sit on our board, direct our research, dictate findings or messages, or are otherwise involved in the work we do. Although we may take sides in human rights conflicts and disputes, we do not consider ourselves as representing the interest or perspectives of any government or purport to represent the interests of any government. But the grant we receive from this one European government amounts to more than 50% of our total budget.

Question:

Does the fact that we now receive more than half of our funding from a foreign government mean that we must register the NGO as a "foreign agent" under FARA and report to the DOJ accordingly?

I have an honest answer for you, coated with common sense.

Be smart, use discretion, seek the advice of an attorney you pay, not people pretending to be attorneys on the Internet, or who drive by the local courthouse daily.

Without retaining paid counsel, you could be placing yourself, your organization, and your potential to do good works for others at great risk.

 

[RozK]

Thanks, Judge! But...this actually is a hypothetical. A friend and I are debating law of agency and we are both sure the other is wrong. The answer may affect our political views, but not our legal dealings.

I have an honest answer for you, coated with common sense.

Be smart, use discretion, seek the advice of an attorney you pay, not people pretending to be attorneys on the Internet, or who drive by the local courthouse daily.

Without retaining paid counsel, you could be placing yourself, your organization, and your potential to do good works for others at great risk.