Foreign Agents Registration Act (FARA) Compliance

Overview

Our political law team is well versed in the application and enforcement of the Foreign Agents Registration Act (“FARA”). This law has become much more relevant in recent years, and failure to comply with the law can result in serious criminal prosecution by the U.S. Department of Justice ("DOJ"). Registration and reporting under this law is more onerous than the registration and reporting required by the Lobbying Disclosure Act (“LDA”), so it is critical, for many clients, to carefully assess whether reporting under the latter is permissible.

What We Do

  • assist businesses and nonprofits to determine whether FARA registration and reporting is required
  • advise clients about developing methods for tracking and disclosing various activities that FARA reports require
  • assist clients with the actual completion and filing of FARA reports
  • interact with the FARA Registration Unit at the DOJ to obtain legal guidance (sometimes in the form of a formal written advisory opinion)
  • handle threatened prosecution situations for clients targeted by the DOJ

Experience

  • Advised client drawn into FARA aspects of special counsel investigation and consulted with counsel for other similarly situated potential targets.
  • Advised a media production company notified of its obligation to register under FARA and explored options for challenging determination.
  • Assisted client with internal compliance review regarding FARA reporting and draft necessary amendments and corrective filings going forward.
  • Researched for client whether public affairs company assisting opposing litigant had failed to register under FARA and thereby tainted court proceeding.