Matthew Sanderson and Bryson Morgan Explore FARA Enforcement on Thomson Reuters' Program

In March 2019, the U.S. Department of Justice (DOJ) definitively signaled that it would begin aggressively enforcing the Foreign Agents Registration Act (FARA) when a senior DOJ official announced that the Department would shift “from treating FARA as an administrative obligation and regulatory obligation to one that is increasingly an enforcement priority” and would install a new prosecutor to lead its FARA enforcement team.  Other recent developments, including a $4.6 million FARA-related settlement with prominent law firm Skadden, and Paul Manafort’s guilty plea on conspiracy charges against the United States demonstrate that a new era of FARA enforcement has arrived. In this environment, concerns and questions have risen for those who could be foreign agents, including individuals, lobbying firms, political consultancies, public relations firms, law firms, nonprofits, and corporations that work with foreign governments, state-owned enterprises, businesses, NGOs, and individuals.

Learning objectives include:

• The scope of the Foreign Agents Registration Act of 1938 (“FARA”) now that the Justice Department indicates enforcement will increase effecting U.S. companies and professional service firms.
• Understanding how and when working with foreign entities could trigger consequences under FARA and the important exempts for certain U.S. entities.
• How to handle the possible inquires, document requests, FARA registration and disclosure forms, plus managing FARA obligations by creating compliance programs.