On 8 April 2025, the State Duma of the Russian Federation passed, in its third reading, a bill entitled “On Amendments to Article 4 of the Federal Law “On Control over the Activities of Persons Under Foreign Influence.”
The proposed legislation is aimed at expanding the grounds upon which individuals and legal entities may be designated as foreign agents, and further enhances the regulatory tools available to the state in the sphere of national security protection.
One of the central innovations of the bill is the introduction of a new ground for inclusion in the register of foreign agents – set out in newly proposed paragraph 1.1 of Article 4. Under this provision, an individual or entity may be designated as a foreign agent where they are found to be facilitating the enforcement of decisions issued by international organisations in which the Russian Federation does not participate, or by foreign state authorities, provided such actions are deemed to be directed against the security of the Russian Federation.
Significantly, the draft legislation does not establish a closed or exhaustive list of international organisations or foreign authorities to which the provision applies, thereby leaving a room for discretionary interpretation.
The emergence of this new designation ground appears particularly relevant in the context of the growing number of legal disputes involving Russia at the international level. Of note is the fact that the Russian Federation is not a party to the Rome Statute and, as such, does not recognise the jurisdiction of the International Criminal Court (ICC). Consequently, any form of cooperation with or assistance in the enforcement of ICC decisions could, in principle, fall within the ambit of the new provision and serve as the basis for foreign agent designation.
Accordingly, the following categories of persons and organisations could potentially be exposed to liability under the amended law:
- Individuals and legal entities that assist in the recognition, enforcement, or dissemination of decisions issued by international organisations whose jurisdiction is not recognised by the Russian Federation;
- Legal consultants involved in the initiation or enforcement of such decisions;
- Representatives of civil society and human rights organisations engaged in relevant activities.
These legislative amendments broaden the scope of the foreign agent framework. As a result, the amendments give rise to additional legal and compliance risks for private persons and organisations interacting with international bodies in the context of contentious proceedings or decisions that may be perceived as contrary to the interests of the Russian Federation.