The Israeli government has sought legal guidance regarding a US federal law mandating the disclosure of foreign-funded lobbying campaigns. Leaked documents indicate that Israeli officials are worried about increased enforcement potentially implicating American groups aligned with Israel.
Emails and legal memos from a hack of the Israeli justice ministry reveal fears that Israel’s US advocacy efforts might violate the Foreign Agents Registration Act (FARA). To avoid FARA's stringent transparency requirements, officials considered establishing a new American nonprofit to continue their activities discreetly.
A 2018 memo highlighted the negative impact FARA compliance could have on American groups receiving Israeli support, citing potential damage to their reputations and fundraising capabilities. FARA requires individuals working for foreign governments to register as foreign agents with the US Justice Department and label distributed materials as foreign propaganda.
Legal advisors suggested using a third-party American nonprofit to manage funds, maintaining informal oversight through grant-making and meetings. This strategy aimed to bypass FARA registration and its associated scrutiny.
The discussions centered on a "PR commando unit" formed in 2017 to enhance Israel’s image abroad, initially known as "Kela Shlomo" and later rebranded as "Concert" and "Voices of Israel." This group targeted the Boycott, Divestment, and Sanctions (BDS) movement and supported American nonprofits advocating for anti-BDS laws.
The documents, released by Distributed Denial of Secrets, were analyzed by Amnesty International, confirming their authenticity. Previous reports revealed Israeli efforts to avoid discovery in a lawsuit involving the spyware company NSO Group. Following the leak, Israel imposed a gag order to prevent further publication of the documents.
The Guardian reported that Voices of Israel was reactivated after the Gaza war began in October 2023. Minister of Diaspora Affairs Amichai Chikli announced plans to counter American student protests against the Gaza conflict.
Heightened FARA enforcement, particularly against Trump administration officials, prompted Israel’s concerns. A 2018 memo noted that FARA was historically applied to countries hostile to the US, but current enforcement could target Israeli activities due to ties between Benjamin Netanyahu and Donald Trump.
Israel hired the law firm Sandler Reiff to assess FARA risks related to Concert and other advocacy efforts. Advisors warned that public knowledge of Israel’s legal advice on FARA could lead to accusations of undue interference in US matters.
The leaked documents detail Israel’s attempts to navigate FARA regulations and maintain influence over American advocacy efforts, highlighting the complex legal and ethical considerations involved in foreign lobbying.
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