Over the past several months, several states have introduced bills that mirror the federal Foreign Agents Registration Act (“FARA”). There has been a trend in the states to propose so-called “baby FARA” laws that apply to foreign-influenced political activity in the states, though the proposals vary in the scope of activities that are regulated. Last week, the governor of Arkansas signed into law one of the broadest such laws to date. The Arkansas law requires “representatives of a hostile foreign principal” and “foreign-supported political organizations” to register with the Arkansas Secretary of State and report details regarding their activities.

The law defines hostile foreign principals broadly to include foreign governments and political parties (China, Russia, North Korea, and Iran), foreign individuals from those countries, and corporations and organizations organized under the laws of or with their principal place of business in those countries. The law further defines “representative” to include employees, contractors, and those who act at the “request” of a hostile foreign principal and that engage in political activity in the state. Representatives of hostile foreign principals must register within 10 days of becoming a representative and report business information with the Secretary of State.

Under the new law, foreign-supported political organizations must also register with the state annually, beginning January 31, 2026, and file reports detailing their financial activities to influence state officials, receipts from hostile foreign principals, and business information. The definition of a foreign-supported political organization includes corporations and other organizations that have received money or things of value from a hostile foreign principal or a representative of a hostile foreign principal within the past five years and that engage in political activity in the state.

Both of these registration requirement turn on whether the relevant entity or individual engages in “political activities” in Arkansas, which is broadly defined to include efforts to influence state or local agencies, state or local officials, or members of the public within the state, with regard to:

  • Formulating, adopting, or changing the policies or laws of the state; or
  • Electing or opposing a candidate for local or state public office (not including campaign donations).

Finally, the law allows any citizen to file complaints for violations of these requirements, which makes it easier for critics or competitors to launch challenges under the law. Notably, the law does not include exemptions similar to the commercial exemptions or Lobbying Disclosure Act exemption that exist in the federal FARA statute. Many corporations rely on these exemptions under the federal statute, and the express inclusion of certain foreign companies as hostile foreign principals in the Arkansas law creates a significant new state-level registration obligation for those foreign corporations that engage in political activities in Arkansas.

Tags: Arkansas, FARA, Foreign Agents Registration Act, LDA, LDA exemption, Lobbying Disclosure Act
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Photo of Derek Lawlor Derek Lawlor

Derek Lawlor is of counsel in the firm’s Election and Political Law Practice Group. Derek advises corporations, nonprofit organizations, and trade associations on compliance with federal and state lobbying, campaign finance, and government ethics laws.

Clients regularly rely on Derek to assist with…

Derek Lawlor is of counsel in the firm’s Election and Political Law Practice Group. Derek advises corporations, nonprofit organizations, and trade associations on compliance with federal and state lobbying, campaign finance, and government ethics laws.

Clients regularly rely on Derek to assist with their complex questions related to activities and projects that implicate all of these laws. Derek advises federal and state candidates and super PACs on campaign finance and disclosure issues. Derek also represents clients in government investigations and inquiries conducted by the Federal Election Commission, Office of Congressional Ethics, and Congressional Committees and Commissions.

Derek’s representation of clients covers the full range of important political law issues that they face, including:

Advising clients on their registration and reporting obligations under the federal Lobbying Disclosure Act, as well as state and local lobbying laws, including helping client organizations evaluate the core questions that arise in this space:

Has the organization or any of its employees triggered lobbying registration requirements?
What lobbying income, expenditures, issues, or contacts need to be disclosed on lobbying reports?
Does procurement or sales activity directed at governmental entities trigger lobbying registration in a particular jurisdiction?
What are the best practices for designing a lobbying compliance program?

Assisting corporations and trade associations with the establishment and operation of connected PACs, which frequently entails evaluating the following questions:

What steps does the organization need to take to start up and register a connected PAC?
What are the ongoing reporting requirements under the Federal Election Campaign Act (“FECA”) or state campaign finance laws?
Which employees can the organization solicit and what are the rules on conducting a solicitation campaign?
What are the limits on making contributions to federal, state, or local candidates, party committees, or other political committees?
What are the best practices for designing a PAC compliance program?

Evaluating whether a client’s proposed activities might trigger registration under the Foreign Agents Registration Act (“FARA”), and if so, advising on registration and ongoing reporting obligations;
Advising federal and state candidates, super PACs, and other political committees on compliance with FECA, FEC regulations and reporting requirements, state campaign finance laws, rules on disclaimers placed on communications, and other political law compliance topics;
Counseling individuals who are entering government service, including Senate-confirmed positions, on the various financial disclosure requirements, conflicts of interest considerations, and other ethics law issues they may face;
Helping clients establish politically active or policy-focused nonprofit organizations, and proving ongoing support related to tax and political law issues that might arise from their activities; and
Advising corporations, nonprofits, and individuals on their proposed donations to candidates, political committees, and other politically active outside groups.

Derek is a Professorial Lecturer in Law at the George Washington University Law School.

Prior to receiving his law degree, Derek worked in the Office of General Counsel at the U.S. House of Representatives.

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Photo of Alex Langton Alex Langton

Alexandra Langton is a member of the Election and Political Law Practice Group in the Washington, DC office. She represents clients in high-profile and high-risk congressional investigations, FEC investigations, and other criminal, civil, and internal investigations that present legal, political, and public relations…

Alexandra Langton is a member of the Election and Political Law Practice Group in the Washington, DC office. She represents clients in high-profile and high-risk congressional investigations, FEC investigations, and other criminal, civil, and internal investigations that present legal, political, and public relations risks. She also advises companies, PACs, nonprofits, and individuals on compliance with federal and state campaign finance, ethics, lobbying laws, and vetting matters.

Alexandra has particular expertise in the Foreign Agents Registration Act (“FARA”). She frequently interacts with the FARA Unit of the Department of Justice and advises clients on top-tier FARA compliance programs, including FARA policies, FARA trainings, and FARA filings. Alexandra also represents a number of clients in high-profile civil and criminal FARA enforcement actions.

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