www.FARA.us

The Justice Department (DOJ) has stepped up enforcement of the Foreign Agents Registration Act (“FARA”) in recent years and has put much of its more recent focus on pressing Chinese and Russian state-run media companies to register as foreign agents under the Act.

FARA requires an “agent of a foreign principal” to register under the Act. While FARA excludes from the definition of “agent of a foreign principal” any news or press service, this exemption applies only if the company is at least 80% owned by U.S. citizens and is not owned, directed, supervised, controlled, or ...

DOJ National Security Division Announces Significant Appointment and Shift on FARA Enforcement

U.S. Department of Justice official John C. Demers, who heads the Department’s National Security Division, announced yesterday that Brandon Van Grack will now lead the team that enforces the Foreign Agents Registration Act (“FARA”).  Mr. Demers described the appointment as signaling a shift “from treating FARA as an administrative obligation and regulatory obligation to one that is increasingly an enforcement priority.”

This announcement is the prosecutorial ...

Michael Cohen’s testimony on February 27, 2018 before the U.S. House Committee on Oversight and Reform featured several heated exchanges, including one particular line of questioning about the Foreign Agents Registration Act (“FARA”) from Mark Meadows (R-NC). Congressman Meadows suggested during the hearing that Mr. Cohen’s work for several foreign companies obligated him to register under FARA, which he then followed-up with a criminal referral to the Department of Justice that reportedly asserted Mr. Cohen should have registered his representations under FARA ...

Amid high-profile cases involving the Foreign Agents Registration Act (“FARA”), some Members of Congress have expressed increased interest in improving transparency and enforcement of FARA. Their efforts have thus far stalled, but the landscape could be shifting toward reform.  Here are notable pieces of legislation and other congressional actions to watch:

• Disclosing Foreign Influence Act: This legislation, introduced by Sen. Chuck Grassley (R-Iowa), repeals an exemption in FARA that allows lobbyists for foreign corporations and nonprofits to register under the ...

The Department of Justice recently announced a landmark settlement agreement with the prominent law firm Skadden, Arps, Slate, Meagher & Flom LLP.  Skadden acknowledges in the agreement that it should have registered under the Foreign Agents Registration Act (“FARA”) for its work on behalf of the Government of Ukraine.  The agreement also, among other things, requires Skadden to file a late FARA registration, disgorge $4.6 million to the U.S. Treasury, and implement “formal, robust procedures” to ensure FARA compliance.

This Skadden settlement is the first of its kind in ...

The Foreign Agents Registration Act (“FARA”) is arguably more prominent now than at any point in its 80-year history.  What is FARA?  What are the key concepts and exemptions contained in the statute?  What are FARA’s enforcement standards?

Find out in our brief plain-language guide on FARA, which answers these and other questions in a concise resource for media and members of the public getting acquainted with FARA for the first time.  READ MORE

www.FARA.us
Offers Informational Resources to Researchers, Journalists, and Potential Foreign Agents

WASHINGTON, D.C. - January 22, 2019: Caplin & Drysdale's Political Law Group today announced the launch of a new website – www.FARA.us – to serve as an informational resource to the regulated community and to journalists seeking a better understanding of the Foreign Agents Registration Act (FARA).

The U.S. Department of Justice (DOJ) has increased its scrutiny of FARA compliance, as evidenced by its $4.6 million FARA-related settlement with prominent law ...

The Department of Justice’s FARA Registration Unit regularly issues what are called “Letters of Inquiry” when it believes an individual, company, non-profit, consultancy, or other party may need to register under the Foreign Agents Registration Act (“FARA”).  Below are frequently asked questions about FARA Letters of Inquiry.

What gives rise to a Letter of Inquiry?

A Letter of Inquiry can be the result of a media article, a complaint or “tip” to the FARA Unit, a referral to the FARA Unit from another governmental body, or a review by the FARA Unit of public records and ...

Caplin &
Drysdale welcomes you to FARA.us, which is a new informational resource for the
regulated community about the Foreign Agents Registration Act (“FARA”).  This site is the first online resource to
provide detailed summaries of advisory opinions issued by the Department of
Justice’s FARA Unit, descriptions of major FARA enforcement cases, and a
comprehensive database of FARA’s legislative history materials all in a single
location.

FARA.us will also be
updated regularly to include FARA news and other information about the
law.  We hope that you will find it
useful.