18 USC §951.
What is it?
18 U.S.C. § 951 is a U.S. federal criminal statute titled "Agents of foreign governments". It is part of Title 18 (Crimes and Criminal Procedure), Chapter 45 (Foreign Relations).
This law is sometimes used alongside or in place of FARA in counterintelligence prosecutions. For the official source, see the U.S. Code on the House of Representatives or GPO websites.Full Text (current as of 2024/2025 codification)(a) Whoever, other than a diplomatic or consular officer or attaché, acts in the United States as an agent of a foreign government without prior notification to the Attorney General if required in subsection (b), shall be fined under this title or imprisoned not more than ten years, or both.(b) The Attorney General shall promulgate rules and regulations establishing requirements for notification.(c) The Attorney General shall, upon receipt, promptly transmit one copy of each notification statement filed under this section to the Secretary of State for such comment and use as the Secretary of State may determine to be appropriate from the point of view of the foreign relations of the United States. Failure of the Attorney General to do so shall not be a bar to prosecution under this section.(d) For purposes of this section, the term "agent of a foreign government" means an individual who agrees to operate within the United States subject to the direction or control of a foreign government or official, except that such term does not include—
(1) a duly accredited diplomatic or consular officer of a foreign government, who is so recognized by the Department of State;
(2) any officially and publicly acknowledged and sponsored official or representative of a foreign government;
(3) any officially and publicly acknowledged and sponsored member of the staff of, or employee of, an officer, official, or representative described in paragraph (1) or (2), who is not a United States citizen; or
(4) any person engaged in a legal commercial transaction.(e) Notwithstanding paragraph (d)(4), any person engaged in a legal commercial transaction shall be considered to be an agent of a foreign government for purposes of this section if—
(1) such person agrees to operate within the United States subject to the direction or control of a foreign government or official; and
(2) such person—
(A) is an agent of Cuba or any other country that the President determines (and so reports to the Congress) poses a threat to the national security interest of the United States for purposes of this section, unless the Attorney General, after consultation with the Secretary of State, determines and so reports to the Congress that the national security or foreign policy interests of the United States require that the provisions of this section do not apply in specific circumstances to agents of such country; or
(B) is an agent of any country that the Attorney General, after consultation with the Secretary of State, determines and so reports to the Congress poses a threat to the national security interest of the United States for purposes of this section.govinfo.govKey PointsThis statute requires prior notification to the Attorney General for non-exempt individuals acting as agents of foreign governments.
It is narrower than the Foreign Agents Registration Act (FARA, 22 U.S.C. § 611 et seq.), which focuses on political activities and public disclosure. Section 951 is more oriented toward national security and espionage-like conduct.
Exemptions cover diplomats, official representatives, certain staff, and ordinary commercial dealings—unless those commercial activities involve direction/control by certain high-risk countries (e.g., those designated as national security threats).law.cornell.eduPenalties: Up to 10 years in prison and/or fines.