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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA
V.
KOSTIANTYN KALASHNIKOV,
a/k/a Kostya,” and
ELENA AFANASYEVA,
ak/a “Lena,”
Defendants.
SEALED INDICTMENT
24 Cr. 24CRIM 519
BACKGROUND ON THE FOREIGN AGENTS REGISTRATION ACT
TABLE OF CONTENTS
- The Foreign Agents Registration Act (“FARA”), 22 U.S.C. § 611 er seq., is a registration and disclosure statute that requires any person acting or agreeing to act in the United States as “an agent of a foreign principal” to register with the Attorney General if he or she is engaging or agreeing to engage, directly or through another person, in certain types of conduct for or in the interest of the foreign principal. Conduct requiring registration under FARA includes, as is relevant here, political activities, acting as a publicity agent or information-service employee, and disbursing money for or in the interests of the foreign principal. FARA registrations are made to the Foreign Agents Registration Act Unit (“FARA Unit”) of the Department of Justice’s National Security Division. It is a crime to willfully fail to register when required under FARA.
- The purpose of FARA is to prevent covert influence by foreign principals, which include foreign governments, companies, and persons located outside the United States. Proper registration under FARA allows the U.S. Government and public and private audiences to evaluate the statements and activities of individuals who are serving as agents of foreign principals in light of their status as foreign agents. Among other things, FARA registration reveals the identity of the foreign principal on whose behalf the registrant performs services, the type of services the registrant provides the foreign principal, and the source and amount of compensation the registrant receives from the foreign principal. FARA registration statements are publicly accessible on the website of the FARA Unit. In addition, FARA registrants are required to label informational materials transmitted within the United States with a conspicuous statement disclosing that the materials are distributed by the agent on behalf of the foreign principal.