Japan mulls registration of foreign agents under new anti-espionage law

Japan is looking into requiring people who lobby on behalf of foreign governments to register as foreign agents under a new law, which would also contain penalties for covert interference in the country’s policymaking and elections.

The proposal emerged on Monday at a meeting of an expert panel on boosting Japan’s intelligence capabilities, part of a broader push to develop legislation to counter espionage and foreign interference.

Once the proposal is finalized, a related bill is expected to be submitted to parliament as early as during next year’s session.

Under the plan, people acting on behalf of foreign governments would have to register with relevant authorities to make their activities transparent. The anti-espionage bill would potentially cover political consultants, think tank researchers and employees of advertising agencies working to advance a foreign state’s interests. 

At the meeting on Monday, the National Police Agency outlined three types of malicious interference: approaching politicians or officials to influence policy, spreading information to sway public opinion or elections, and offering financial benefits to influence government decisions.

The government is considering penalties for both the carrying out of specified activities without registration and malicious conduct by registered agents. Examples under consideration include concealing one’s identity when approaching politicians or officials or using threats to coerce someone into cooperating, although the specifics on punishable conduct remain under discussion.

Existing laws in Japan address espionage activities, such as obtaining classified information, but leave a gap in tackling covert foreign influence over policymaking, public opinion and elections. 

Proponents of the anti-espionage bill argue that such operations could lead voters and officials to make decisions without realizing they were being influenced by a foreign power, potentially undermining independent judgment and harming national interests or public safety.

Further meetings are expected to examine unresolved questions, including who would have to register under the legislation, what actions they would need to report and what penalties would apply for noncompliance. 

Systems already in use in countries such as the United States, Britain and France are being considered as reference points. 

Some at Monday’s meeting also called for a strict definition of individuals required to register so that the system would not discourage legitimate activities such as academic exchange and news reporting.