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Foreign Agent Registration: Justice Needs to Improve Program Administration

NSIAD-90-250 Published: Jul 30, 1990. Publicly Released: Sep 14, 1990.
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Highlights

Pursuant to a congressional request, GAO provided information on the Department of Justice's (DOJ) administration of foreign agent registration.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
Congress may wish to consider amending the Foreign Agents Registration Act of 1938 (FARA), as amended, to give the Department of Justice the authority to subpoena foreign agents to appear, testify, or produce records at administrative hearings.
Closed – Implemented
The Department of Justice has met with the staff of the Senate Committee on the Judiciary on numerous occasions to discuss amendments to FARA. Justice has drafted legislation which it will submit to Congress.
Congress may wish to consider amending the Foreign Agents Registration Act of 1938, as amended, to give the Department of Justice the authority to impose administrative fines for minor violations against those who, after being directly informed of their obligation to report, still fail to do so.
Closed – Implemented
Justice has drafted legislation which it will submit to Congress.

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of Justice The Attorney General should direct the Registration Unit to: (1) develop standard disclosure criteria for reporting under the act; (2) provide specific guidance to agents and agency personnel on the criteria and how information should be reported; and (3) enforce compliance with the criteria.
Closed – Implemented
Justice is working with GAO forms experts to modify forms and determine how to modify the forms. Justice has also formalized and increased its written advice to registrants.
Department of Justice The Attorney General should direct the Registration Unit to revise the supplemental statement to better reflect the requirements of the act as well as the standard criteria.
Closed – Implemented
Justice has drafted legislation which it will submit to Congress to implement the recommendation.
Department of Justice The Attorney General should seek legislative authority to: (1) require written notification to DOJ of all exemption claims prior to any agent activity; and (2) give DOJ additional enforcement measures, such as administrative subpoena powers, a schedule of civil fines for minor violations, and increases in existing fines.
Closed – Implemented
Justice has drafted legislation which it will submit to Congress to implement the recommendation.

Full Report

Office of Public Affairs

Topics

NoncitizensData collectionForeign corporationsForeign governmentsInternational agreementsInternational economic relationsLaw enforcementLobbying activitiesReporting requirementsCivil fines and penalties