The draft law titled “On Control of the Activities of Persons Under Foreign Influence” seeks to unify and modernize the core provisions found across several statutes into a single legal act. As part of this consolidation, the concept of foreign agent status would be formally established.
Who is deemed a foreign agent?
Under the proposed text, an individual or a legal entity, including commercial companies, as well as public organizations, could be treated as a foreign agent if they operate under the support or other forms of foreign influence and engage in political activities or collect information related to Russia’s military domain.
However, public institutions, political parties, government agencies, and religious associations would not be classified as foreign agents.
What constitutes external influence?
The bill defines foreign influence as support or aid provided by a foreign source to an individual or group aimed at swaying or affecting another person. This can include funds, other property, or technical, organizational, and methodological assistance from abroad.
As noted by a lawyer in the publication Kommersant, even routine contact with a foreigner, an international organization, or foreign officials could be interpreted as foreign influence. The notion of influence is described as broad and not strictly limited to overt acts.
Another attorney emphasized that the scope of influence may extend to seemingly ordinary connections, such as relationships where a spouse is a foreigner, illustrating the breadth of interpretation contemplated in the draft.
Who counts as a foreign source?
The draft categorizes foreign sources as including foreign states and public authorities, international and foreign organizations, foreign nationals, and stateless persons. It also recognizes that Russian citizens and organizations that receive money or serve as intermediaries in obtaining financial aid from these parties can be considered foreign sources.
Registration and delisting of foreign agents
The proposal envisions a unified registration scheme for foreign agents, replacing the current four separate registers used for media, individuals, NGOs, and unincorporated associations.
The register would detail the grounds for obtaining foreign agent status and identify persons connected with a foreign agent. The delisting process would explain the reasons for removal and rely on criteria such as the absence of foreign-sourced assistance in the year preceding delisting, as determined during a Ministry of Justice inspection. If a person declines to receive funds or other assistance from foreign sources within three months of registration, delisting may also occur.
Termination of a public association or organizational structure, the dissolution of a legal entity, or the death of a foreign agent could also trigger removal from the register.
Who are affiliates?
The draft proposes treating the heads, founders, participants, and employees of organizations designated as foreign agents as affiliates. This would include media workers known to operate under foreign-agent status.
Affiliates would appear on the list alongside those who receive property support for carrying out political activities. The document notes that affiliates would not be subject to the same requirements and restrictions imposed on foreign representatives.
Deputy Andrey Lugovoy, one of the bill’s co-authors, has indicated that the concept of foreign influence and affiliates could be refined in a subsequent reading.
New prohibitions for foreign agents
The document would bar foreign agents from teaching or conducting educational work with minors, giving lectures or seminars, or creating content aimed at children and young people. Grants and government support would also be unavailable to such individuals.
Individuals and organizations recognized as foreign agents would be restricted from organizing public events, serving on certain electoral or public commissions, or sponsoring election campaigns. They would also be barred from maintaining offices in public institutions.
Foreign agents would face restrictions on participating in important strategic initiatives related to defense and national security. This includes companies involved in weapons manufacturing, aerospace, and related mining or exploration sectors. Public messages, financial statements, and annual audits would be required for legal entities designated as foreign agents.
Government stance on the document
The government’s cabinet expressed support for the draft while offering a few suggestions. It was noted that the scope of information and its dissemination should be clearly defined to prevent unintended expansion of the foreign agent designation through vague interpretation, particularly for interactions with countries friendly to Russia and international organizations Russia participates in.
State Duma deputy Vasily Piskarev indicated that the bill was scheduled for consideration in the spring session. The bill, presented on April 25, had 15 lawmakers and three senators as co-authors. One co-author, Andrey Klimov, explained that an aim of the document is to “close additional loopholes for foreign agents,” while Senator Andrei Klishas cautioned against sweeping changes to the law at this stage.
In a related remark, a politician suggested that constant amendments in a developing area could lead to unstable legal relations and should be approached with restraint.
History of foreign agents in Russia
The registration of media entities labeled as foreign agents has been in place since December 2017. The current list covers more than 160 media outlets, entities, and individuals. The list received a latest update on June 3, naming journalists, activists, artists, and political scientists among those listed.
Since April 2022, the Department of Justice has maintained a separate list for individual foreign agents, which, at present, includes eight individuals. Notable names on this list have included journalists, entrepreneurs, and a chess grandmaster who is also a public figure—reflecting the broad reach of what counts as foreign influence in practice.
Source attribution: analysis of legislative materials and commentary from government and legal experts reported in official news outlets.