Under 22 USC 611(c)(1), a “foreign agent” includes any person who acts as an agent, representative, employee, or servant, or who acts in any capacity at the order, request, or under the direction or control of a foreign principal. This includes persons who engage in “public relations” or “political activities” on behalf of a foreign principal.

The critical question is whether the 14-18 Esther Project influencers are acting “at the order, request, or under the direction or control” of the foreign principal (Government of Israel via Havas/Bridges Partners). If Bridges Partners is directing their content, selecting topics, approving posts, or setting messaging requirements, the creators may be acting as sub-agents of the foreign principal.

The Exemption Analysis: FARA provides an exemption for “persons engaged in a private and non-political activity in furtherance of the bona fide trade or commerce of such foreign principal” (22 USC 613(d)(1)). Advocates content is not commercial trade. A second potential exemption covers persons who engage in “activities not serving primarily the political interest of the foreign principal” — but anti-antisemitism influence campaigns targeting the US public are arguably political in nature.

AFNPT Educational Analysis: This section presents the statutory framework. Whether individual Esther Project creators are required to register under FARA is a legal determination for the DOJ to make. AFNPT does not allege any criminal violation.

FARA's registration requirement applies directly to the person acting as the foreign agent. An exempt intermediary (like a FARA-registered company) does not automatically shield sub-contractors from their own FARA obligations if those sub-contractors independently meet the statutory definition of “foreign agent.”

Bridges Partners LLC is the registered entity (#7652). But if individual influencers are directed by Bridges Partners to create content on behalf of the Government of Israel, and if their activities meet the 22 USC 611(c) definition independently, those individuals may have their own FARA registration obligations that are not satisfied by the organizational registration of Bridges Partners.

This was a central issue in the DOJ's 2019 actions against individuals associated with the Internet Research Agency — the organizational FARA registration did not extinguish the individual obligations of persons acting as agents.