8 USC 951 prohibits acting in the United States as an agent of a foreign government without prior notification to the Attorney General. The statute is narrower than FARA in some respects and broader in others. Counsel review of both statutes is appropriate for engagements involving foreign government activity.
General distinctions:
- FARA covers agents of foreign principals (broad category)
- 951 specifically covers agents of foreign governments
- FARA is structured primarily as disclosure
- 951 is structured as a criminal prohibition
Cases that developed the modern 951 environment. Maria Butina (2018), Tom Barrack (acquitted at trial), and various other prosecutions have established that 951 can apply where FARA alone may not capture the full scope of conduct.
Coverage characteristics. 951 cases tend to draw counterintelligence-framed coverage rather than disclosure-framed coverage. The reputational consequences are typically more severe and more durable than FARA-only matters.
Key takeaway: Counsel review for foreign government engagements should consider both statutes.
Operational checklist:
- Counsel review under both FARA and 951 for foreign government engagements
- Documentation of analysis under each statute
- Structuring of engagement to minimize 951 exposure where applicable
- Communications support appropriate to the broader statutory environment
What firms should do now:Confirm that pre-engagement memos for foreign government work address both statutes explicitly.
FAQ. Q: Does 951 require registration? A: 951 requires prior notification to the Attorney General; counsel can advise on specifics. Q: Can FARA registration cover 951 obligations? A: The statutes have distinct requirements; counsel review is essential.
