The U.S. Department of Justice (“DOJ” or the “Department”) announced that, effective September 11, 2025, it is withdrawing several dozen Notices of Proposed Rulemaking (“NPRMs”), Advance Notices of Proposed Rulemaking, and Supplemental Notices of Proposed Rulemaking. The Department explained that it is “withdrawing these actions as part of the Federal Government’s deregulatory initiative and because of ongoing assessments of agency needs, priorities, and objectives.” The list of withdrawn proposed regulations includes rulemaking actions related to controlled substances, firearms, criminal justice, healthcare, immigration, asset forfeiture, and disability discrimination, among other topics.

Notably, the NPRM that would have made significant changes to the regulations concerning the application of the Foreign Agents Registration Act (“FARA”) for the first time in decades was not on the list of regulations withdrawn by DOJ. The FARA community has wondered about the fate of the proposed FARA changes, which were unveiled shortly before President Trump took office in January 2025. Other than releasing the public’s comments that were filed in response to the NPRM in March 2025, the Department has been entirely silent about the proposed regulations and their potential fate. The decision not to withdraw the pending proposed rules is potentially an indication that the proposed rule changes may still have a future, and it may indicate that DOJ is continuing to consider moving forward with all or part of the proposed FARA regulations, such as those that provide additional clarity to the statute.

As we previously reported, the FARA NRPM would make significant changes to the existing FARA regulations and considerably increase the Department’s ability to use its own discretion to decide whether a given set of activities requires registration and reporting under FARA. The NPRM also addressed several important topics that have long confused the regulated community, such as the current regulations’ lack of clarity regarding the labeling and filing requirements for online informational materials.

If DOJ were to proceed with additional regulatory action, that could be consistent with Attorney General Pam Bondi’s February 5, 2025 memorandum, which directed DOJ to “focus on civil enforcement, regulatory initiatives, and public guidance” (emphasis added) with respect to FARA. So, while the Department has not clearly communicated the status of the FARA NPRM, it appears that it will remain under consideration, for now.

Tags: Department of Justice, Foreign Agents Registration Act
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Brian D. Smith Brian D. Smith

Brian Smith assists clients with challenging public policy matters that combine legal and political risks and opportunities.

Brian represents companies and individuals facing high-profile and high-risk congressional investigations and hearings, and other criminal, civil, and internal investigations that present legal, political, and public…

Brian Smith assists clients with challenging public policy matters that combine legal and political risks and opportunities.

Brian represents companies and individuals facing high-profile and high-risk congressional investigations and hearings, and other criminal, civil, and internal investigations that present legal, political, and public relations risks. He assists companies and executives responding to formal and informal inquiries from Congress and executive branch agencies for documents, information, and testimony. He has extensive experience preparing CEOs and other senior executives to testify before challenging congressional oversight hearings.

Brian develops and executes government relations initiatives for clients seeking actions by Congress and the executive branch. He has led strategic efforts resulting in legislation enacted by Congress and official actions and public engagement at the most senior levels of the U.S. government. He has significant experience in legislative drafting and has prepared multiple bills enacted by Congress and legislation passed in nearly every state legislature.

Prior to joining Covington, Brian served in the White House as Assistant to the Special Counsel to President Clinton. He handled matters related to the White House’s response to investigations, including four independent counsel investigations, a Justice Department task force investigation, two major oversight investigations by the House of Representatives and the Senate, and several other congressional oversight investigations.

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

Read more about Brian D. SmithEmail
Show more Show less
Photo of Zachary G. Parks Zachary G. Parks

Zachary Parks advises corporations, trade associations, campaigns, and high-net worth individuals on their most important and challenging political law problems.

Chambers USA describes Zachary as “highly regarded by his clients in the political law arena,” noting that clients praised him as their “go-to…

Zachary Parks advises corporations, trade associations, campaigns, and high-net worth individuals on their most important and challenging political law problems.

Chambers USA describes Zachary as “highly regarded by his clients in the political law arena,” noting that clients praised him as their “go-to outside attorney for election law, campaign finance, pay-to-play and PAC issues.” Zachary is also a leading lawyer in the emerging corporate political disclosure field, regularly advising corporations on these issues.

Zachary’s expertise includes the Federal Election Campaign Act, the Lobbying Disclosure Act, the Ethics in Government Act, the Foreign Agents Registration Act, and the Securities and Exchange Commission’s pay-to-play rules. He has also helped clients comply with the election and political laws of all 50 states. Zachary also frequently leads political law due diligence for investment firms and corporations during mergers and acquisitions.

He routinely advises corporations and corporate executives on instituting political law compliance programs and conducts compliance training for senior corporate executives and lobbyists. He also has extensive experience conducting corporate internal investigations concerning campaign finance and lobbying law compliance and has defended his political law clients in investigations by the Federal Election Commission, the U.S. Department of Justice, Congressional committees, and in litigation.

Zachary is also the founder and chair of the J. Reuben Clark Law Society’s Political and Election Law Section.

Zachary also has extensive complex litigation experience, having litigated major environmental claims, class actions, and multi-district proceedings for financial institutions, corporations, and public entities.

From 2005 to 2006, Zachary was a law clerk for Judge Thomas B. Griffith on the United States Court of Appeals for the District of Columbia.

Read more about Zachary G. ParksEmail
Show more Show less
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.

Read more about Alex LangtonEmail
Show more Show less