Freedom House Work with the Department of Justice and other relevant agencies to update transparency laws regarding individuals acting on behalf of foreign governments. A critical step in curbing transnational repression is recognizing the specific actors committing transnational abuses on behalf of their home governments. In the United States, antiquated procedures for regulation of foreign agents under the Foreign Agent Registrations Act of 1938 (22 USC 611 et seq) are a major obstacle to identifying those acting on behalf of repressive regimes. Although the Department of Justice has ramped up enforcement in recent years, the law remains outdated and does not address the realities of modern-day foreign influence activities. The absence of effective regulation in this area makes it harder than it should be to distinguish legal activity on behalf of a foreign power or entity from illegal activity, and thus to address transnational repression threats before they escalate. Congress should closely consult civil society groups to mitigate unintended consequences in any update, such as US-based organizations being required to register as foreign agents simply because they receive portions of their funding from non-US sources. When determining the types of influence activities that are or are not permissible, and the penalties for violation, it may be most appropriate to draft new laws rather than expand existing foreign agent statutes, since these statutes are intended to provide transparency about who is acting on behalf of a foreign government and are not intended to penalize malign behavior. Work closely with the Federal Bureau of Investigation (FBI), US Department of Justice, and other relevant agencies to determine what additional authorities should be added to US criminal law to more effectively apprehend and prosecute perpetrators of transnational repression. Many types of transnational repression, notably harassment in which an aggressor located outside the United States is spying on US-based exiles without posing a physical threat, do not fall neatly within the confines of existing law. This makes it more difficult for law enforcement agents to assist victims and apprehend perpetrators. Rather than prosecuting such acts of repression directly, law enforcement and prosecutors are often forced to seek charges against perpetrators for other offenses—such as failure to disclose activities on behalf of a foreign agent, stalking, conspiracy against rights, wire fraud, or obstruction of justice—that do not include all perpetrators or crimes. Congress should: • Examine the domestic utility of and international experience with laws criminalizing “refugee espionage.” Spying on refugees, a common tactic of transnational repression, is not directly criminalized in the United States. In a number of Nordic and Western European countries, spying on refugees is either explicitly criminalized as “refugee espionage” or clearly incorporated into general espionage provisions. In the United States, however, espionage is narrowly defined as the collection or distribution of sensitive defense information. A new statute addressing “refugee espionage” or similar activities might help law enforcement address transnational repression. Study of this issue should include any possible negative spillover effects for refugees and migrants themselves. Combat Interpol abuse. Interpol abuse—in which governments take advantage of the lack of due process protections within the International Criminal Police Organization’s notification system to have targets spuriously detained or extradited—is a serious threat in the United States. Local law enforcement agencies, including immigration enforcement, still detain individuals based on notices, subjecting them to extended detention without cause, despite a lack of due process before Interpol shares notices with member states. To combat Interpol abuse, Congress should: • Pass S. 2483, the Transnational Repression Accountability and Prevention (TRAP) Act, which affirms guidance concerning the limited role of Interpol notifications in the US legal system; applies the voice and vote of the US government within Interpol to establish due process reforms and increase transparency; and requires reporting from the Office of the Attorney General on Interpol abuse. Law enforcement Establish standardized outreach procedures for vulnerable communities, which can be customized in language for each field office or area of operation depending on the exile community to be reached. The FBI conducts proactive messaging on a variety of issues to increase community awareness of illegal activities, and encourages victims to report any unlawful activity to appropriate law enforcement authorities. Outreach on transnational repression is occurring in a number of communities already, and should be widened. State and local law enforcement should conduct similar outreach as appropriate, and federal, state, and local law enforcement agencies should continue freedomhouse.org 57