Foreign Influence Transparency Scheme

Overview 

Individuals or entities are required to register certain activities such as parliamentary lobbying general political lobbying, communications activities and disbursement activities under the scheme if they are taken on behalf of a foreign principal. Registration is a legal requirement and not registering is a criminal offence. The maximum penalty is 5 years imprisonment. You may contact foreignarrangements@anu.edu.au for further information. 

Background 

On 10th December 2018, the Australian Government Attorney-General’s Department introduced the Foreign Influence Transparency Scheme. The purpose of the scheme is to provide the public with visibility of the nature, level and extent of foreign influence on Australia's government and politics.  

What is foreign influence?  

Governments, organizations, and individuals worldwide often seek to influence Australian policies to benefit their interests. When done openly and lawfully, this is a normal part of international relations and is welcomed in Australia. The Scheme aims to help Government decision-makers and the public identify whose interests are being represented when foreign influence activities are conducted on behalf of a foreign principal. 

What are the obligations under the scheme? 

ANU staff and students may need to register certain activities on the public register if undertaken on behalf of, or in an arrangement with a foreign principal for the purpose of political or governmental influence at a federal level.  

Broadly speaking, any individual is required to register if they meet all of the following criteria: 

• they undertake registrable activities or enter into a registrable arrangement 
• the activity is, or will be undertaken in Australia on behalf of a foreign principal 
• the activity is undertaken for the purpose of political or governmental influence 
• no exemptions apply. 

Registering does not mean you have to stop or change what you are doing. These activities, when conducted in an open and transparent manner, are positive and welcomed in Australia. 

Figure 1: Decision making process flowchart 

What is a foreign principal? 

A foreign principal includes: 

• a foreign government 
• a foreign political organisation 
• a foreign government related entity 
• a foreign government related individual. 

A foreign principal can include, for example:  

• a foreign embassy, consulate, ministry 
• a foreign public university or foreign tertiary education institution 
• an academic employed by a foreign public university 
• a research institute that is affiliated with a foreign political party, or 
• a company where a foreign government is a major shareholder.

What is a registrable activity? 

Registrable activities include: 

• parliamentary lobbying 
• general political lobbying 
• communications activities 
• disbursement activity (payment of money or things of value). 

What would exempt me from registering?  

Some activities might be exempt from registering under the Scheme even if done on behalf of a foreign principal. For example, you will be exempt if the activity primarily relates to  

• providing humanitarian aid or assistance,  
• undertaking a religious activity,  
• registered charity undertaking an activity for a charitable purpose. 
• hosting cultural events  
• fundraising for social or humanitarian causes  
• collaborating with an academic from a foreign university for a research project, or  
• debating or discussing policy issues, for example at a tournament or conference. 

How to register my activity? 

Before registering, you can take a preliminary questionnaire to check whether you need to register an activity under the scheme. 

If you have registration obligations under the scheme, please go to the registration portal to create an account and register the activity within 14 days of either entering into a relationship with a foreign principal or undertaking a registrable activity on behalf of a foreign principal 

What happens if I do not register?  

Registration is a legal requirement and not registering is a criminal offence. The maximum penalty is 5 years imprisonment.  The scheme establishes criminal offences for: 

• failing to comply with obligations under the scheme 
• failing to register in circumstances where a person is required to do so 
• providing false or misleading information and destroying records to avoid registration obligations. 

Get in touch 

If you have any questions or concerns regarding this Scheme, we are here to help. Contact us at foreignarrangements@anu.edu.au and we will get back to you within 5 working days. 

Further Information 

1. Information for university students and student associations 
2. Fast facts 
3. Influence vs interference 
4. Foreign principals 
5. Acting on behalf of foreign principals 
6. Registrable activities 
7. Influencing a political governmental process 
8. Registration exemptions 
9. Former Cabinet Ministers and recent designated position holders 
10. Registrant obligations during voting periods – updated March 2022 
11. Disclosures in communications activity 
12. Exception for disseminators of communications activity 
13. Transparency notices 
14. Commercial or business pursuits 
15. Commercially sensitive information 
16. Information and documentation requirements 
17. Recordkeeping 
18. Penalties for non-compliance (Enforcement)