News & Analysis as of

Foreign Agents Foreign Nationals Foreign Agents Registration Act (FARA)

Morrison & Foerster LLP

D.C. Circuit Limits DOJ’s Ability to Retroactively Enforce FARA

Last week the D.C. Circuit released its long-anticipated opinion in the Attorney General v. Wynn, holding that the Department of Justice (“DOJ”) could not compel Steve Wynn to retroactively register under the Foreign Agents...more

Wiley Rein LLP

FARA: 2023 Review and 2024 Preview

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Aggressive enforcement of the Foreign Agents Registration Act (FARA) continued last year, and that trend shows no signs of receding in 2024. The U.S. Department of Justice (DOJ) in 2023 filed its first affirmative civil...more

Mayer Brown

The US Foreign Agents Registration Act (FARA): Key Issues to Watch in 2024

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With recent high-profile prosecutions continuing to draw attention to the Foreign Agents Registration Act (FARA) and related political laws, and a number of notable announcements by Department of Justice (DOJ) officials at a...more

Wiley Rein LLP

DOJ Issues Several New FARA Advisory Opinions on Registration Triggers and Exemptions

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On October 3, the U.S. Department of Justice (DOJ) FARA Unit published a number of new advisory opinions (AOs) offering guidance and further insight on the Department’s interpretation of certain FARA registration triggers and...more

Wiley Rein LLP

Bipartisan Senators Introduce Legislation to Enforce Retroactive Foreign Agent Registration Under FARA

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On July 11, 2023, Senators Chuck Grassley (R-Iowa) and Gary Peters (D-Mich.) introduced the Retroactive Foreign Agents Registration Act (RFARA) in a continuing effort to bolster the transparency and accountability of foreign...more

Wiley Rein LLP

PAID OFF Act Introduced in 118th Congress

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On February 15, 2023, Sen. John Cornyn (R-TX) introduced the Preventing Adversary Influence, Disinformation and Obscured Foreign Financing (PAID OFF) Act of 2023 in an effort to close registration loopholes in the Foreign...more

Torres Trade Law, PLLC

Think Tanks May Need to Rethink FARA Registration

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When considering who must register under the Foreign Agents Registration Act (“FARA” or “the Act”), one normally thinks of individuals, law firms, or marketing firms, the typical kinds of agents that must register for...more

Morrison & Foerster LLP

A Win for Wynn: Judge’s Dismissal of Civil Case Against Steve Wynn Could Fundamentally Change FARA Enforcement

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On October 12, 2022, a federal district judge in the District of Columbia, Judge James E. Boasberg, dismissed a U.S. Department of Justice (DOJ) civil complaint against businessman Steve Wynn, which sought to compel Wynn to...more

Wiley Rein LLP

Recent Legislative Proposals Would Create Additional Reporting Requirements for Foreign Agents

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In recent weeks, several proposals to increase the reporting requirements for foreign agents have been introduced that would address perceived exemption “loopholes” in the Foreign Registration Act (FARA) and promote greater...more

Wiley Rein LLP

Bipartisan Lawmakers Propose Amendments to FARA, Tax Law, and Election Laws to Combat Foreign Influence in U.S. Policy

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On June 16, 2022, a bipartisan group of lawmakers in the U.S. House of Representatives introduced the Fighting Foreign Influence Act, which would impose a range of new disclosure requirements and limitations on think tanks,...more

Morrison & Foerster LLP

Court Documents and Retroactive Registration Show Continued Focus on Expansive FARA Enforcement

The U.S. Department of Justice’s (DOJ) determined approach to identifying violations of the Foreign Agents Registration Act (FARA) shows no signs of slowing down. An inadvertently disclosed warrant revealed that John Allen, a...more

Morrison & Foerster LLP

DOJ Seeks to Require U.S. Businessman to Register as a Foreign Agent on Expansive Agency Theory

Earlier this week, the U.S. Department of Justice (DOJ) filed a civil enforcement action seeking to compel U.S. businessman Steve Wynn to register under the Foreign Agents Registration Act (FARA) as an agent of the Chinese...more

The Volkov Law Group

DOJ Charges United States/Russian National with Acting as an Illegal Agent under FARA

The Volkov Law Group on

In another action targeting Russian actors and connections, the Justice Department indicted Elena Branson, a dual United States-Russian national with criminal evasion of Foreign Agents Registration Act (“FARA”) registration...more

Freeman Law

The Foreign Agents Registration Act (FARA)

Freeman Law on

The Foreign Agents Registration Act (FARA), 22 U.S.C. § 611 et seq., is a federal statute passed in 1938 that was originally intended to combat the dissemination of Nazi and Communist propaganda within the United States. FARA...more

Hogan Lovells

U.S. Justice Department seeks input on modernization of the FARA for the first time in 15 years

Hogan Lovells on

Following its efforts in recent years to enforce the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq. (FARA)) more rigorously and transparently, for the first time in nearly 15 years, the U.S. Department of...more

Perkins Coie

Law Firms Take Note: Recent DOJ Advisory Opinions Highlight Narrow Scope of the FARA Legal Exemption

Perkins Coie on

In the wake of a global law firm entering into a multimillion-dollar settlement for failing to register as an agent of a foreign principal under the Foreign Agents Registration Act (FARA or the act), other law firms have...more

Polsinelli

Top Three FARA Exemptions to Know

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With the Department of Justice (“DOJ”) giving increased attention to Foreign Agent Registration Act (“FARA”) enforcement, companies that have international business operations or otherwise deal with foreign governments and...more

Pillsbury Winthrop Shaw Pittman LLP

Beware Foreign Companies Seeking U.S. Support

U.S. is increasing its enforcement to monitor foreign interests. The U.S. Department of Justice (DOJ) recently announced increased enforcement of the Foreign Agents Registration Act (FARA), which requires public...more

Bracewell LLP

DOJ Reveals Foreign Agent Cases Are Fara from Over

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On March 6, Assistant Attorney General for National Security John C. Demers announced that the Department of Justice (“DOJ”) has designated a new deputy chief to lead the Foreign Agents Registration Act (“FARA”) unit and that...more

WilmerHale

An Introduction to the Foreign Agents Registration Act for Firms Assisting Foreign Clients in the United States

WilmerHale on

After decades in which the Foreign Agents Registration Act (FARA) received relatively little attention, a confluence of recent events has given the statute newfound prominence. Together, these developments compound the...more

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