In recent months, we have highlighted trends of increased enforcement and increasingly aggressive interpretation of the Foreign Agents Registration Act by the Department of Justice. These trends are evidenced in the Justice Department’s announcement last week that the President of the Pakistan American League, Nasir Adhem Chaudhry of Maryland, had agreed to plead guilty for
Foreign Agents Registration Act
New Wave of Trade Lobbying Presents FARA Registration Concerns
Washington is awash with lobbyists seeking to address new steel and aluminum tariffs, and other potential tariffs, on behalf of both foreign and domestic clients. Lobbying on trade issues in some circumstances may trigger Foreign Agents Registration Act (“FARA”) obligations. The connection between trade lobbying and FARA was the subject of close scrutiny several decades…
A Review of Pending FARA Reform Bills
In recent months, Congress’s efforts to reform dramatically the Foreign Agents Registration Act (“FARA”) have picked up steam. As we explained in our recent FARA guide, FARA is a complex and broadly worded criminal statute that requires any “agent of a foreign principal” to register with the Department of Justice and file detailed public…
The Foreign Agents Registration Act (“FARA”): A Guide for the Perplexed
Eighty years ago, Congress enacted the Foreign Agents Registration Act (“FARA”), requiring “foreign agents” to register with the Attorney General. As amended over the years, it applies broadly to anyone who acts on behalf of a “foreign principal” to, among other things, influence U.S. policy or public opinion. Until recently, it was a backwater of…
Grassley Legislation Would (Re)Impose FARA Obligations on Private Sector Entities
With the Foreign Agents Registration Act in the news and public awareness of this formerly obscure statute at an all-time high, Senator Charles Grassley (R-Iowa) introduced legislation last week to revise the statute significantly, including reversing a decision Congress made in 1995 to remove most private sector reporting from FARA and place it instead under…
Have We Reached A FARA “Tipping Point”?
The New York Times, earlier this month, reported that “secret ledgers” in Ukraine show $12.7 million in cash payments designated for former Donald Trump campaign chairman Paul Manafort from Ukraine’s pro-Russian political party. Days later, the Associated Press reported that Manafort helped the pro-Russian party “secretly route at least $2.2 million in…
New Insights on FARA Enforcement Emerge from DOJ Letter to Sen. Grassley
In a recent letter to Sen. Chuck Grassley (R-Iowa), the Department of Justice offered a rare public glimpse into the enforcement activities of the small unit in the Department that enforces the Foreign Agents Registration Act. Some of the details highlighted in the letter are consistent with observations that we have shared in this blog;…
POGO Report on FARA Misses the Larger Point
Last week, the Project on Government Oversight (POGO) released a report on the Foreign Agents Registration Act with an attention-grabbing title: “Loopholes, Filing Failures, and Lax Enforcement: How the Foreign Agents Registration Act Falls Short.” The tone of the title was echoed in several news reports, including in The Hill (“Foreign lobbying enforcement ‘lax’”) and…
FARA Again in the Spotlight: New York Times Examines Foreign Funding and Think Tanks
This weekend, the New York Times ran a lengthy investigative report on foreign government donations to U.S. think tanks. The story alleged that the foreign governments bought influence and paid for advocacy by some of the nation’s most respected research institutions. The article outlined contributions from Norway, UAE, Qatar, Japan, and others to think tanks…
Two More Public Relations Firms Trip Over the Foreign Agents Registration Act
Two public relations firms have filed documents with the Department of Justice revealing that they provided public relations and media services in the United States for the government of Ecuador without being registered under the Foreign Agents Registration Act (FARA), as that law requires. These firms are the latest in a long string of law…