Posts from June 2020.

In line with its increased focus on foreign funding for U.S. universities, the Department of Education (DOE) launched a new online portal to facilitate reporting of foreign gifts and contracts valued at more than $250,000. Such reporting is required by Section 117 of the Higher Education Act.

According to DOE, billions of dollars in funds from foreign sources to U.S. higher education institutions have gone unreported. The new online portal requires universities to provide more information about foreign funding, including answering specific questions about each transaction ...

Several newly-released advisory opinions on the Foreign Agents Registration Act (“FARA”) demonstrate the Department of Justice’s (“DOJ”) exceedingly broad view of the statute’s scope.  These opinions signal that organizations working with foreign entities may not be able to claim exemptions previously thought to apply to their work.  This latest guidance is in line with DOJ’s efforts to prioritize enforcement of FARA.

Opinion to U.S. Nonprofit Organization

In a March 13, 2020 opinion concerning a U.S. nonprofit organization that received a grant from a foreign ...

In an attempt to clarify the scope of the concept of “agency” in context of the Foreign Agents Registration Act (“FARA”), the Department of Justice’s FARA Unit posted guidance earlier this month.

In May, the FARA Unit posted an explainer on the scope of “agency” under FARA, stating a commitment to increase transparency around enforcement of the statute and explaining that because FARA regulates expressive activities, “it is important that the standards governing its application be clear.” Notably, courts have used the Restatements of Agency as a guide in ...

Following its collection of public comment on the reporting requirements for foreign gifts and contracts with American universities, the Department of Education (DOE) has released additional information on the requirements.

Section 117 of the Higher Education Act requires that institutions report to the federal government any gift or contract with a foreign source valued at $250,000 or more “considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year.” In February, DOE requested a budgetary review of its new ...

An Informational Resource in a New Era of Foreign Agents Registration Act Enforcement.

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