The Foreign Agents Registration Act (FARA) requires certain individuals and entities acting as agents of foreign principals (i.e., governments, political parties, or even private actors) to register with the U.S. Department of Justice (DOJ) and disclose the agent’s activities, finances, and relationships with foreign principals. Registrants must provide detailed information at the time of registration, and periodic supplements thereafter.
FARA’s disclosure focus reflects its principal purpose of promoting transparency concerning foreign influence on American public policy and opinion. FARA therefore covers a wide range of activities, including lobbying, public relations, political consulting, and distributing informational materials. For example, nonprofit organizations with foreign ties, or who share interests with a foreign government or political party and whose mission includes influencing American public opinion or providing access to U.S. political leaders, may be required to register under FARA. Compliance is critical as DOJ’s FARA Unit—which is part of the Counterintelligence and Export Control Section in the National Security Division—has administrative, criminal and civil enforcement authority.
The area of FARA enforcement is in flux. In recent years, the FARA Unit has been actively involved in both criminal prosecution and civil enforcement. And it has issued a number of advisory opinions and letters of determination, clarifying registration requirements and statutory exceptions to those requirements. The FARA Unit has also made public its historical advisory opinions, as well as data about registrants. In addition, DOJ has proposed modifications to the regulations implementing FARA along with explanatory statements. (See our commentary on these recently proposed amendments, as submitted to DOJ.) And, more recently, the Attorney General has issued broad policy guidance, which includes readjusting FARA enforcement priorities. (Read our commentary on these policy pronouncements.) How the government’s priorities will unfold in practice under the new Trump Administration remains to be seen, and is high on the radar of Saul Ewing’s FARA Team. (Read our most recent comprehensive review of FARA.)
Saul Ewing’s White Collar & Government Enforcement attorneys have represented nonprofit entities and cultural affinity organizations in FARA investigations, including through our engagement with DOJ’s FARA Unit. Our work includes conducting internal investigations to determine if FARA registration requirements or exemptions apply, and whether engagement with the government is necessary or advisable, including by responding to the FARA Unit’s letter of inquiry. Our team is also prepared, in appropriate circumstances, to consider whether seeking a FARA Unit advisory opinion is advisable to clarify an unsettled area of the law. We have also conducted FARA compliance training and advised clients on policy implementation, through our development of a FARA compliance policy.
Our team includes experienced former federal prosecutors and government officials, including former Assistant United States Attorneys and National Security Division and Central Intelligence Agency personnel with firsthand experience and in-depth knowledge.
The Foreign Agents Registration Act: 2024 Year in Review and Outlook for 2025
