It is illegal for a public official to act as an agent of a foreign principal in such a manner as to require his/her registration under the Foreign Agents Registration Act (FARA). See 18 U.S.C. § 219. This prohibition does not apply to the employment of a foreign agent as a special United States Government employee in any case where the head of the employing agency certifies that such employment is required in the national interest. No prosecution under this section should be instituted without the express authorization of the National Security Division or higher authority. See JM 9-90.020.

Note that Members of Congress are expressly covered by 18 U.S.C. § 219.

[updated January 2020]