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Muslims Leaders Who Are Also Foreign Agents

When American Muslim leaders are also foreign agents, you need to consider FARA, the Foreign Agents Registration Act. Ahmed Shaikh explores how this law may apply to American Muslim leaders who fall into “Team UAE” and “Team Turkey”

Foreign Agents in the Muslim Community
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Foreign Agents in the US have a meaningful effect on Americans in the United States.  Should Muslims in the United States adopt the foreign policy narrative of the United Arab Emirates?  Should we be against calling the mass killing of Armenians during World War I “genocide?” Can American Muslim leaders and nonprofits be the voice of governments, give them public relations advice and do their bidding?

These questions are largely irrelevant as the American Muslim community already has some activists and Islamic Scholars who are foreign agents.

I am not claiming being a foreign agent is inherently wrong, unethical or somehow prohibited in Islam. In many instances, being a foreign agent is fine, or at least you can find examples where the activity is harmless and maybe even beneficial. Non-Muslims serve as foreign agents, peddling influence and giving advice. Why can’t ordinary Muslims, even Muslim leaders, activists, and Islamic scholars do the same? What we need though is transparency about these relationships, similar to how we keep tabs on people who carry hazardous waste. It’s often a useful and beneficial service, but also, well, hazardous. 

As we have seen from recent cases Imaad Zuberi, Mike Flynn, and Paul Manafort , it is reasonable to expect more prosecutions of unregistered foreign agents in the coming months and years.

American Team Turkey vs. American Team UAE

My purpose here is not to re-litigate events during the first world war or the UAE’s murderous worldwide batil-slinging foreign policy. It is also not to offer a further critique of American Muslim leaders and scholars who blow smoke for one foreign interest or another. For that, you can read my recent article. Instead, it is to help American Muslims involved with foreign entities to be aware of the law so they can prepare accordingly. 

The “Team Turkey” vs. “Team UAE” saga playing out among the Muslim community’s leadership, including nonprofits and religious leaders, is dangerous, and there is potential legal jeopardy to members of both “teams.” The law in an individual case is often complex, and I am not claiming anyone referenced in this article is a criminal. However, anyone who thinks aspects of this article applies to them should seek legal counsel post haste.

Pariah status may rub off

In the eyes of the US government, the UAE may be up one day, and Turkey may be down. Pakistan is pretty much always “down” no matter who is in power in the United States, so Muslims working with that government and various political parties and institutions in that country should be especially sensitive about being a law enforcement target, even if they believe they are working for a worthy cause. Keep in mind how the Muslim community has been treated historically by the Justice Department. For this or any future US Administration, American Muslim leadership may be low hanging fruit for prosecutors. 

Right now, the UAE, in particular, aggressively buys loyalty, buys people in positions to peddle influence on its behalf. It uses straw donors and funnels its money around the United States through various entities to get what it wants. These tactics work for them now, but it may not work forever. Any Muslim majority country can get “pariah” status and the social and political environment in the United States may turn against that country and its agents.

If the political winds in the United States change against the UAE, their leadership will probably not be affected. Things may be different for their agents in the United States, however. The same may well be true for agents of Turkey. We can learn from their best known non-Muslim foreign agent, former Trump National Security Advisor Michael Flynn

The United States has a long history, going back to its founding, of being suspicious of foreign influence in government and public opinion. Various clauses of the constitution and several laws exist to address this historic concern, though many are quite weak.  The one that Muslim leaders with ties to foreign governments should be most concerned with is the Foreign Agents Registration Act (FARA).

Foreign Agents Registration Act (FARA) 

Anyone who closely followed the Mueller investigation into the 2016 Presidential election is likely somewhat familiar with FARA.  However, of more interest should be the prosecution and guilty plea last year of Dr. Nisar Ahmed Chaudhry, who was prosecuted for activities that are remarkably common for Muslim leaders, especially immigrants.

It’s not a crime to be an agent of a foreign government. The crime, as those paying close attention to current events, will understand,  is in not registering with the Justice Department. In short, it’s a federal crime for agents of foreign entities or people engaged in political or other activities in the statute, with some exceptions, to not register under this law. US Law defines the term ” foreign agent”- it is not necessarily pejorative. It does not mean being a spy.

Indeed, foreign influence-peddling is an entire industry. Often, people who engage in “influence peddling” are not especially sophisticated and may not be paid at all. They may simply be immigrant activists who love their homeland.

In the case of Chaudhry, he pleaded guilty to not registering an unincorporated group he created in his home, the “Pakistan American League,” and his work as a “foreign agent.” His crime? He spoke to officials in the Pakistani government, and worked in Pakistan’s interests in D.C. area government and “think tank” circles by organizing “roundtable discussions.” He was not paid for his work as an “agent” by Pakistan.  All of this is legal, except that he failed to register.

A Law About Transparency

Foreign Agents need to report on their activities or risk fine and imprisonment. Every six months, the US Attorney General issues a report on foreign agents who register under this law to Congress. You can find the most recent report here. These reports offer a helpful description of registered foreign agents operating in the United States, but anyone can take a deeper dive into the reporting if they want to. FARA is about transparency.

FARA does not prohibit speech or activities by anyone. The purpose is to inform the public and government about the source of information used to attempt to influence them. FARA is an old law that US Muslims need in our communities right about now. 

Enforcement of this law had been mostly dormant for years, and the Mueller investigation is said to have given it new life. Registrations under the law are up.

FARA is broader than you might think

FARA is not just for agents of foreign governments. Being an agent of a foundation, royal family, oligarch, or any other entity or person can trigger the same requirements and cause criminal liability for those who fail to register. Many registrations under FARA involve agents of entities and people that are not governments. 

As we have seen from Chaudhry’s case, Muslim leaders, activists, and scholars don’t need to be paid to be “foreign agents” under the law. Congress understood foreign agents could work for nonmonetary benefits. A foreign agent does not need to agree with everything the foreign principal does and says. A Muslim leader who gives certain kinds of advice to a foreign entity may need to register to avoid criminal liability. It does not matter if the foreign principal ignores the advice. FARA is not just a law about foreign lobbying, indeed lobbyists have a separate registration system and law.  Virtually any work to influence public opinion or give advice will fall under the law. There are many opportunities for Muslim leaders to get themselves into serious trouble

Religion or university affiliation may not save foreign agents 

There are exceptions to FARA reporting requirements. For example, diplomats, many journalists, and bona fide trade and commercial enterprises do not need to report.  Say Muhammad is the agent of a Turkish exporter of Turkish delight, selling delicious packaged desserts to grocery stores around the Midwest. Muhammad does not need to register under FARA. 

Similarly, those involved in bona fide religious, academic, or fine arts pursuits are exempt. So if Saad, a US Citizen, is hired by the Saudi government to teach Quran recitation to children of employees of the local Saudi consulate, Saad would not need to register. 

 If, however, the Turkish Delight company asked Muhammad to write op-eds and hold meetings to prevent tariffs on Turkey, well, that’s different. If Saad starts to give public relations advice to his Saudi employers, he should call a lawyer. It’s worth noting that FARA is not the only registration and disclosure statute. A lawyer with expertise in this area can help them sort it out. 

Learn from others

Carrying water for a foreign entity’s political agenda, a regular occurrence by some American Muslim leaders is not bona fide religious or academic activity. Such conduct falls squarely into a danger zone under the law. The US Justice Department has confirmed the religious and academic exception’s narrow scope. The Overseas Korean Cultural Heritage Foundation, for example, wanted an opinion they are exempt from registration.   They were working on developing a museum, which is an academic institution. However, the Justice Department advised the foundation must register under FARA. The reasons, among other non-nefarious sounding things, were exhibits on bilateral relations between South Korea and the United States.

In 2017, TV station RT America and news outlet, Sputnik, “both Russian-funded but with production companies in the US, registered as ‘foreign agents’ under pressure from the Justice Department.”

Muslim leaders with ties to foreign entities should also look to the example of the American section of the World Zionist Organization. The WZO has appropriately registered itself as a foreign agent. Its work seems reasonably standard for a Zionist organization, though. WZO “participated in workshops, seminars, and conferences and distributed materials to increase support for the foreign principal’s educational, cultural, and religious goals.” The foreign principal was the World Zionist Organization in Israel, not the government of Israel itself. Still, it needed to register. 

Even if someone falls into an exception to FARA, another related statute may well cause liability. So anyone who has to look around for exceptions should check with an attorney. 

Sunshine in the Muslim community

Much of the work against CVE involved learning what Muslim leaders working with governments were up to. Because of the federal “Freedom of Information Act” and state Public Records Acts, we have a better idea of what Muslim leaders have been collaborating with the war on terrorism against our community. The availability of public records has also kept some Muslims away from unsavory funding opportunities. There is always a risk they will be found out. Who needs that drama? As the late US Supreme Court Justice Luis Brandies famously said, “sunshine is the best disinfectant.” 

Some in the Countering Violent Extremism space have looked to foreign governments and organizations, particularly in the UAE. Working against the US Muslim community, which includes naming groups such as CAIR and MAS “terrorist organizations,” and investing in anti-Muslim surveillance is fundamental to UAE foreign policy. Foreign entities are not subject to the Federal Freedom of Information Act or state Public Records Acts.

Covertness can be beneficial when prosecuting the war on terrorism in our communities on behalf of a foreign master. However, security-state contractors working with foreign entities are engaged in an inherently political enterprise and should register. Unfortunately, nobody from the Muslim community in the CVE sector has. They should either start or quit foreign-sponsored CVE altogether. 

FARA is your friend

We have a strong need for transparency among Muslim leaders and organizations. Foreign interests have been looking to influence the US Muslim civil society for several years. It may well be that agents of foreign nation-states or entities in them have valuable things to say. The purpose of FARA is not to deny your ability to hear them and learn from them. However, knowing someone is a foreign agent will help us place the information provided by a Muslim leader, activist or scholar in a better context. 

Muslim leaders and organizations should strongly encourage each other to look at FARA when any foreign entity is involved. If for no other reason, to avoid potential criminal liability.

If you are a Muslim leader, activist or scholar working with a foreign principal, retain legal counsel. You need to know if registration is required. If it is necessary, and it often will be, provide a fulsome disclosure and keep updating it. You can be sure there will be at least a few Muslims reading it. 

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Ahmed Shaikh is a Southern California Attorney. He writes about inheritance, nonprofits and other legal issues affecting Muslims in the United States. He is the co-author of "Estate Planning for the Muslim Client," published by the American Bar Association. His Islamic Inheritance website is www.islamicinheritance.com

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  1. Avatar

    Rachid Khould

    November 12, 2019 at 10:47 AM

    Thank you so much for this very informative article.

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#Current Affairs

Coronavirus And The Impetus To Close The Chinese-Run Concentration Camps

My Appeal to the International Community to Save the Lives of 3+ Million Uyghurs in China’s Concentration Camps

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According to Dr. Adrian Zenz, an independent researcher based in Germany who has testified on several occasions on Capitol Hill, the concentration camps in East Turkestan number up to 1,400 (8 Nov 2019, [1]). It has been estimated that the number of the Uyghurs, Kazakhs and other Turkic minorities being held in those concentration camps can add up to more than 3 million.

On February 5th, 2020, when the official Chinese government’s media were reporting that coronavirus death toll on mainland China was 600 – 700 [2], Tencent briefly listed 154,023 infections and 24,589 deaths from Wuhan coronavirus [3]. That is, the actual death toll is about 40 times higher than what the Chinese government reported. East Turkestan (known as Xinjiang) is far from the epicenter of the outbreak and just 55 cases have been reported in the region so far [4]. We can easily believe that the actual number of the people who fell victim to coronavirus in East Turkestan is tens of times more than the above figure.

Among those who died in Wuhan, 61% died in their homes. Currently, almost all the Uyghur population in East Turkestan is locked up in their homes. 

The situation of the 3+ million Uyghur concentration camp detainees is worse by several degrees. Keeping 3+ million Uyghur alive detainees is a complex, expensive and extremely difficult project. Are the 3+ million detainees still alive? Are they still being fed? How and from where? 

There is a real reason to fear a rapid spread of coronavirus in the controversial Chinese camps. “The virus spreads from person to person through droplets disseminated by sneezing or coughing, and confining large groups of people together, possibly without adequate access to germ-killing soap and water, will increase the likelihood of an outbreak.” [4] 

I have started to panic. Most Uyghurs in the United States have families there, and they are dealing with the camps and the virus, and we do not know if they have enough to eat, have masks and enough heat to survive.

“If the international community fails to pressure China to take adequate actions to prevent outbreaks in the region, the nature of its mass network of concentration and forced labor camps will add an entirely new dimension to China’s ongoing genocide against the Uyghurs.” [5]

“Uyghurs in the diaspora fear if the virus isn’t already in the camps, when it does reach them, the consequences will be catastrophic, leading to mass outbreaks and high mortalities very quickly given reports of overcrowding, starvation, forced labor, sexual abuse and torture in the camps. As China has largely ignored the issue of the virus spreading in the region and its crimes against humanity in the region are ongoing, it’s unlikely the Chinese government will allocate resources to address the issue.” [5]

I call for:

  1. UN to send a delegation to the region to find out if the concentration camp detainees are being provided with enough food and heat to survive.
  2. WHO to send a delegation to the region to evaluate the spread of the virus, assess the risks in the camps and take all measures necessary to prevent mass outbreaks and deaths. 
  3. WHO, the UN, international human rights groups, national governments and the rest of the international community to pressure China to close the camps and release the millions detained immediately as part of the global response to the coronavirus outbreak.
  4. Global health and humanitarian organizations to send medical supplies and teams to screen, diagnose and treat affected individuals in the Uyghur region including those in China’s concentration camps. (Items 2 – 4 are almost identical to those in [5])

[1] https://www.rfa.org/english/news/uyghur/detainees-11232019223242.html

[2]https://www.aljazeera.com/news/2020/02/cloneofcloneofchina-coronavirus-outbreak-latest–200207231158175.html

[3]https://www.taiwannews.com.tw/en/news/3871594?fbclid=IwAR1k3x27tW2jNmmQzbaNOWtciIwlP3z70GWvj2XcRhestwB6T6l16pSqL18

[4] https://www.france24.com/en/20200212-exiled-uighurs-fear-spread-of-coronavirus-in-china-camps

[5]https://www.change.org/p/demand-china-release-3-million-uyghurs-before-coronavirus-outbreaks-in-concentration-camps?utm_content=cl_sharecopy_20183581_en-CA%3Av2&recruiter=53261213&utm_source=share_petition&utm_medium=copylink&utm_campaign=share_petition

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Civil Rights

Podcast: Lessons from the Life of Malcolm X | Abdul-Malik Ryan

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One of the things that happens with historical figures who continue to remain well-known and influential years after they can continue to speak for themselves is that others seek to speak for them.  Attempts are made to co-opt their legacy, either in sincere efforts for good or in selfish efforts for ideological or even commercial gain.  This is especially true of Malcolm X, who is not only a historical and political icon but in many ways a “celebrity” remembered by many primarily for his style and attitude.

The only real and meaningful tribute we can pay to Malcolm X is to follow his example. Click To Tweet

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Podcast: We Are All Slaves of Allah | Hakeemah Cummings

Guests
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Once, while in class at college, an Arab girl I was sitting next to said quite loudly to another, “Hey, give this paper to the ‘abdah” referring to a black girl in the class. I wondered if she was even aware of what she was saying in English. Did she think that ‘abdah translates to “black girl” and never thought of its true meaning? Did she think that I didn’t understand?

 

Read by Zeba Khan, originally posted here on Muslimmatters.org.

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