The bell of the plagued, the capirote and the sanbenito of those condemned by the Inquisition. To these and other historical ways of marking uncomfortable groups and potential sources of physical or ideological contagion, Russia has made its own contribution, namely the label of “foreign agent.”
Established in Russian legislation in 2012, the concept of “foreign agent” has served the system presided over by Vladimir Putin to restrict the rights of active citizens, who question its direction or are annoying bearers of diverse alternatives to its nationalist policy and increasingly dictatorial.
“Foreign agents” legislation began as a way to publicly identify non-governmental organizations (NGOs) with political activities and foreign funding. Over time, and through successive amendments, the scope of the legislation was expanded and today, the concept of “foreign agent” is a mandatory mark for legal entities, natural persons and media outlets designated as such, which not only applies to those who receive foreign monetary or material support (no matter how minimal), but also those who are classified as subjects “under the influence” of the foreigner.
Natural and legal persons are thus forced to present themselves (and be presented) as “foreign agents” wherever they intervene. Whether they make a brief comment, publish an article or a book, or perform on stage, their names can only be mentioned in public accompanied by the humiliating label.
“Foreign agents” cannot access official positions, carry out administration tasks, obtain resources from the State, or teach in schools. In addition, they are subject to special fiscal control and must present quarterly and semi-annual reports on financial and administrative matters, and also account for all their public activities.
A list that expands every Friday
Artists, journalists, non-governmental organizations and members of them, writers, singers, political scientists, among others, appear on a list that is expanded with new names every Friday. As of March 15, the registry, for which the Ministry of Justice is responsible, consisted of 781 names, of which 199 were listed as excluded, which means that the “foreign agent” label is in force in 582 cases. The names excluded from the registry are mostly (134) liquidated entities, such as gay and lesbian associations. Only in five cases does the ministry recognize its error in classifying them as “foreign agents.”
Initially, the Russian authorities had four different registers (according to the various categories of foreign agents). The first registered entity (in 2013) was the Eurasian Antimonopoly Association (made up of jurists with roots in Kazakhstan). In 2014, the NGO Gólos (Voice), for the protection of electoral rights, and others followed, up to a total of 29. In 2015, there were 80 new additions, including the international organization Memorial and the Committee once morest Torture.
The last seven names added to the list last Friday correspond to an economist, a municipal deputy, an actor, a theater director, two journalists, and a former police officer. In five cases they are accused of opposing the Kremlin’s “special military operation” (war) in Ukraine and in at least three of spreading “unreliable information” regarding official policy. Of the seven new agents, six are outside Russia.
One of the latest measures that came into force this month prohibits Russian citizens from placing advertisements in the media classified as foreign agents. This deprives great figures of Russian journalism such as Yekaterina Gordeieva (1.64 million subscribers on YouTube) or Alexei Pivovárov (four million on YouTube and more than one million on Telegram) of their resources. Both journalists have announced that they will be forced to restrict their activities.
Apart from the public registry of foreign agents, there is another “affiliated with foreign agents” register that is reserved and intended to inform those responsible for the Russian electoral system regarding participants in elections who have been associated with foreign agents. The category of “affiliates” does not carry the limitations of foreign agents and was already used in the 2021 parliamentary and regional elections. In 2023 more than 800 names appeared in that registry.
The concept of “foreign agent” is one of the pillars of the current Russian regime and is linked to cultural stereotypes rooted in the country since the time of Ivan the Terrible (16th century) and also with Stalinist repression, many of whose victims were accused of spy for foreign powers.
These historical associations have great weight in Russia and an example of this was Mikhail Gorbachev’s categorical refusal to be labeled a foreign agent, when the legislation to that effect came into force. In order not to be burdened by the humiliating label of “foreign agent”, the foundation of the former president of the USSR had to give up its plans for international cooperation and drastically restrict its outreach activities and political debate.
In 2012, Russian authorities introduced mandatory identification of “agents” as a measure to detect lobbyism and they alleged that similar legislation has existed in the United States since the 1930s.
But the Russian concept had its own development. First, with overlapping and confusing regulations and, starting in 2022, following the invasion of Ukraine, systematically. The law that clarified and ordered the policy on foreign agents came into effect in December 2022.
Up to six years in prison
Currently, a “foreign agent” who fails to comply with his obligations can be sentenced to up to two years in prison (for a transgression following two administrative violations over the course of a year), or up to five years (for collecting military data even of an open nature) and up to six years (if the foreign agent organizes to carry out activities prohibited by the Administration). In the second case, it can affect journalists and analysts and in the third, foreign agents who create organizations to oppose official policy (for example, helping to avoid mobilization or urging people to attend rallies).
The legislation on foreign agents can be considered as part of a policy of “archaization” (evolution towards the archaic), consisting of neutralizing influential and active individuals, who might be links to an independent civil society. The other part of this policy, just outlined, consists of promoting a new type of elite in line with the militarist model that Putin tries to establish in society. On February 29, in his speech to Parliament, the president announced the launch of a program of his invention, which he called “time of heroes,” to boost the careers of war veterans. in Ukraine. The cadres of this project evocative of the Chinese cultural revolution will begin to be formed “in the coming months,” as announced by the Russian leader.
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