What are "foreign agents" and "undesirable organizations"?

The first legal provisions aimed at restricting the ability of civil society organizations in Russia to use foreign funding to sustain their activities were introduced in July 2012. These provisions obliged non-commercial organizations receiving foreign funding and carrying out broadly defined "political activities" to register with the Ministry of Justice as "performing the functions of foreign agents." The status also entails stringent reporting requirements and an obligation to identify such organizations as "foreign agents" in information materials, at a threat of serious administrative sanctions. From June 2014, organizations may be entered into the "foreign agent" register by the Ministry of Justice on its own initiative.

Following the December 2019 amendments, "foreign agent" provisions also apply to foreign-funded or supported media organizations. This may also apply to private persons, regardless of citizenship, that distribute in the public domain any print, audio, audio-visual and other communications and materials. International bodies, including the European Parliament, Venice Commission of the Council of Europe, OSCE/ODIHR, OSCE Representative on Freedom of the Media, and Amnesty International, have continuously criticized the progressively restrictive "foreign agent" laws as incompatible with human rights standards. Over 60 organizations challenged the application of "foreign agent" provisions to them at the European Court of Human Rights, with consideration pending. As of April 2021, the "foreign agent" register listed 75 organizations, and an additional media register listed 17 media outlets and persons.

Since 2015, in addition to "foreign agent" provisions, another restrictive law on "undesirable organizations" has been in force. It allows banning from the country any foreign or international organization that is deemed as undermining Russia's security, defense, or constitutional order. The law also envisages administrative and criminal sanctions for Russian organizations and citizens for any cooperation with "undesirable organizations." The law on "undesirable organizations" has been assessed, among others, by the Venice Commission of the Council of Europe as unduly interfering with freedoms of association, assembly, and expression.

"Foreign agent" and "undesirable organizations" provisions continue to hamper the work of affected organizations, stigmatize and damage their reputation, and isolate the civil society, including independent election monitors, from international cooperation and support. A number of affected organizations were forced to shut down or to dramatically scale down or alter operations.

Source: EPDE Working Paper #3