With the rapid onslaught of technology and information warfare by Foreign Intelligence Services & Entities (FIS&Es), States are facing multi-tiered hybrid challenges, targeting national and ideological boundaries. Foreign interference and funding through International Non-Governmental Organizations (INGOs), think tanks, Civil Society Organizations (CSOs) and welfare entities have become a cause for concern, as they fall prey to FIS&Es. Hostile external players use such organizations for lobbying and influencing governments or populations to serve their own interests.
Owing to its geo-political / geo-strategic significance, Pakistan is also confronted with such challenges of foreign interference. Host of foreign funded entities/ organisations are working in Pakistan without any declaration of source and purpose of foreign funding, due to absence of requisite legislation and legal framework. This void has created opportunities for espionage, subversion and influence ops in Pakistan by inimical elements.
The cases of organizations like Save the Children and ActionAid, both of which were banned in Pakistan, exemplify this challenge. Save the Children was found participating in anti-state activities, led by Dr. Shakil Afridi, who was working as a spy for the American CIA. Similarly, in 2018 ActionAid was found “working against the state” with unverified funding sources and its 17 foreign employees were deported from Pakistan.
To counter the threats and challenges surrounding arcane foreign funding of these organisations / entities, many countries have enacted legal framework to ensure transparency, especially in monetary dealings. For example, the United States has the Foreign Agents Registration Act (FARA), which requires individuals and organizations to register with the Department of Justice if they act as agents of foreign governments or principals. FARA promotes transparency and provides information about relationships between individuals, entities, and foreign entities, helping safeguard national security and political integrity. Failure to register or provide accurate information can result in civil or criminal penalties.
In the United States, several high-profile cases have raised concerns regarding foreign influence on domestic entities. One notable case involved Georgetown University, where faculty members and researchers were accused of receiving $10 million gift from a Thai corporation with extensive links to Chinese Communist Party (CCP) to launch an “Initiative for U.S.-China Dialogue on Global Issues”.
Another case in regards to FARA is Qatar’s unaccountable foreign lobbying by a leading American think tank, the Brookings Institution, whose president, Gen. (Ret.) John Allen, was implicated for non-adherence to existing rules of foreign lobbying in USA.
Similarly, USA’s Cornell University quietly accepted millions in research contracts from the Chinese telecom firm “Huawei”. The university’s refusal to disclose details about these contracts further intensified worries. Resultantly, Congressman Bergman proposed Think Tank Transparency Act of 2023, which required submission of all contracts and agreements between non-profits and foreign entities to the Department of Justice.
In the context of Pakistan, drawing inspiration form FARA, “National Foreign Agents Registration Act (NFARA)” is proposed to tighten control over foreign funding and regulate the activities of foreign agencies, NGOs, think tanks, and educational organizations within the country.
NFARA is envisioned as a mechanism to ensure public interest and national unity. It can adopt the definition of “Foreign Agent” from FARA, categorizing anyone receiving funding, direction, and control from foreign entities.
NFARA will require individuals and organizations in Pakistan to declare their association with foreign entities and fulfill necessary reporting and disclosure obligations within 90 days.
The proposed act will work in tandem with existing legal provisions, such as the “Pakistan Army (Amendments) Act – 2023,” focusing on unauthorized disclosure, conflict of interest prevention, and restrictions on electronic crimes. Similarly, the “Official Secrets (Amendments) Act, 2023” can also be taken as supporting legal regime for
NFARA as “Amendment of Section 2, Act XIX of 1923” permits action against “any person who is directly or indirectly, intentionally working for or engaged with the foreign power, foreign agent, non-State actors, organization, entity, association or group guilty of a particular act tending to show a purpose that is prejudicial to the safety and interest of Pakistan”.
To expedite legislation, a committee comprising representatives from the Ministries of Defense, Law & Justice, Interior, Education, the Security and Exchange Commission of Pakistan (SECP), and the National Commission for Social Welfare along with other Directorates / Divisions of Ministry of Human Rights is recommended to be established which will develop a mechanism to prevent foreign funding that can influence Pakistan’s political or social landscape.
A legal body like NFARA’s is the need of hour for Pakistan. Its comprehensive approach will enhance counterintelligence capabilities and broaden the national security spectrum to include issues related to foreign lobbying and developmental aid in detail. It will also be impactful in countering threats emerging from subversion, espionage and influence operations by hostile foreign actors and will help stop harassment of individuals / organisations by LEAs/ Intelligence Agencies.
