Foreign Agents Registration Act
Congress enacted FARA in 1938 to control Nazi propaganda. High-profile violations—including those covered in the Mueller investigation—have brought FARA back into the spotlight, and enforcement is rising at a rapid rate.
Our attorneys can help you stay out of the DOJ’s crosshairs. If you are acting on behalf of a “foreign principal” to influence U.S. policy, politics, or public opinion, registering under FARA is only the first step in complying with U.S. law.
Acting as a “foreign agent” is interpreted so broadly that it can trigger registration for seemingly routine business activities—even if you’re not conducting those activities on behalf of a foreign government. Moreover, FARA does not require a contract or payment—simply agreeing to help a foreign entity lobby U.S. officials, obtain publicity and sway public opinion, or participate in any number of activities surrounding U.S. politics, can trigger a registration requirement. Our FARA team can evaluate your risk and help you stay compliant, including:
- Counseling to determine whether an advocate or firm must register under FARA, or if an alternative is available
- Preparation and filing of registration and disclosure forms
- Pre-publication review of foreign-sourced reports, thought leadership, and other communications for distribution in the U.S.
- Representation in DOJ audits, investigations, and enforcement
- Responding to a DOJ subpoena
- Seeking formal “Rule 2” guidance from the FARA Unit
- Guidance regarding present options, based on prior DOJ enforcement history and advisory opinions.
“A wealth of experience advising on the Foreign Agent Registration Act as part of its comprehensive political law offering.”
– Chambers USA: America’s Leading Lawyers for Business
Led by Jeffrey Hunter, noted for his “responsive and exceptional service,” by Chambers USA: America’s Leading Lawyers for Business, our FARA team works with a variety of clients—including U.S. subsidiaries of global multinational corporations, 501(c) entities, major U.S. entertainment companies, public relations firms, law firms, government affairs practices, market entry specialists, and consulting firms. We routinely provide FARA training on an individual and organizational basis.