Page 22 - WBG July 2025

FEATURE

FIRS, FARA

& THE FUTURE OF

TRANSPARENCY IN

INVESTIGATIONS

By Mike LaCorte, Past President – World Association of Detectives
President – The Association of British Investigators

As global investigators, our work can intersect with geopolitics, FARA: The U.S. Foreign Agents Registration Act
foreign interests, and national security. With that comes new Enacted in 1938 and administered by the U.S. Department of Justice
scrutiny and new responsibilities. Two major frameworks are (DOJ), FARA requires registration by anyone engaged in political or
now reshaping the landscape for private sector investigations: quasi-political activity on behalf of a foreign principal.
the UK’s Foreign Influence Registration Scheme (FIRS) and the
U.S. Foreign Agents Registration Act (FARA). This includes:
• Political consultants
These frameworks do not criminalise investigation work, but • Lobbyists
they do demand transparency, particularly when it involves • Legal and PR professionals
foreign powers or political influence. Understanding these laws • Private investigators working in political,
is now a professional necessity. reputational, or government-adjacent roles

FIRS and the UK National Security Act 2023 Under FARA, registrants must disclose their:
Introduced as part of the National Security Act 2023, FIRS came • Client relationships
into force on 1 July 2025. The scheme is designed to expose • Activities
covert influence in UK political and governmental processes • Payments
by requiring individuals or organisations acting on behalf of • Materials distributed (e.g., reports, briefings, media outreach)
foreign powers to register certain activities.
FARA has seen a resurgence in enforcement in recent years. Private
investigators working with international clients—particularly state-
FIRS introduces a two-tier registration model:
linked legal or business entities—must now consider whether their
work falls within FARA’s scope.
Political Influence Tier
Covers political lobbying, public communications, or FARA Criminal Liability: What Investigators Should Know
engagement with UK public officials carried out at the direction According to the U.S. Department of Justice (justice.gov):
of any foreign power.
• Wilful violations (e.g., failing to register, false filings,
Registration required: Within 28 days of entering into the concealment) are punishable by up to five years’ imprisonment
arrangement.
and $250,000 per offence
Enhanced Tier • Less serious violations, such as failing to properly label
Applies to any activity, political or otherwise, carried out under materials or delayed filings, can result in six months’
the direction of a specified foreign power, currently including imprisonment and/or $5,000 in fines
Russia and Iran, regardless of whether the influence is overt or
covert.
• Ongoing violations (e.g., continuing to act without registration)
are considered continuing offences, with no statute of
Registration required: Within 10 days before activity begins.
limitations until remedied
Failure to register is a criminal offence, punishable by up to two The DOJ has made clear that ignorance is not a defence, and even
years’ imprisonment or a fine. However, registration does not subcontractors (including PIs) may be investigated if their work
imply wrongdoing. FIRS is about transparency, not prohibition.
advances foreign influence.
20 W.A.D Beyond Global