FARA (Foreign Agents Registration Act) Defense
Our Lawyers Defend Individuals Facing Investigations and Charges Under the Foreign Agents Registration Act (FARA)
The Foreign Agents Registration Act (FARA) applies to domestic and foreign parties that represent the political or public interests of a foreign government, a foreign political party or another foreign entity or individual. While there are various exemptions to FARA’s registration requirements, FARA enforcement can create exposure to substantial penalties. Our attorneys defend parties facing investigations and charges under FARA worldwide.
Agents that represent the public or political interests of foreign companies, governments, political parties, and other parties in the United States are required to register under the Foreign Agents Registration Act (FARA). While there are various exemptions, FARA is extremely broad in scope, and representing the interests of any type of party in a foreign country can potentially trigger FARA’s registration requirements.
While several federal agencies have a hand in enforcing FARA compliance, the US Department of Justice (DOJ) is primarily responsible for pursuing investigations and charges when warranted. Under FARA, noncompliant parties can face both civil enforcement actions and criminal prosecutions; and, in criminal cases, individual agents can face substantial fines and prison time.
What is the Foreign Agents Registration Act (FARA)?
The Foreign Agents Registration Act (FARA) is a US federal law that requires any “agent of a foreign principal” to register with the federal government. Registered agents must file reports with the federal government as well. The US Department of Justice (DOJ) administers FARA; and, as the DOJ explains, the statute applies to any agent who, “within the United States,” does one or more of the following:
- “Engages in ‘political activities’ on behalf of a foreign principal;”
- “Acts as a foreign principal’s public relations counsel, publicity agent, information-service employee, or political consultant;”
- “Solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of a foreign principal;” or
- “Represents the interests of the foreign principal before any agency or official of the U.S. government.”
If an agent engages in any of these activities on behalf of a foreign principal, then the agent is subject to FARA unless one of the statute’s express exemptions applies.
Definition of a “Foreign Principal”
“Foreign principal” is a key term under FARA. To be subject to FARA, an agent must represent a foreign principal in connection with one or more of the activities listed above. Under FARA, a foreign principal can be either:
- “A government of a foreign country and a foreign political party;”
- “A person outside of the United States, unless it is established that such person is an individual and a citizen of and domiciled within the United States, or that such person is not an individual and is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States and has its principal place of business within the United States;” or,
- “A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country.”
While foreign governments, foreign government officials, and other foreign government actors can all constitute foreign principals under FARA, private parties can constitute foreign principals as well. If an agent represents a foreign business or foreign citizen within the United States, the agent may be subject to FARA’s registration and reporting requirements.
Definition of an “Agent of a Foreign Principal”
Under FARA, law firms, lobbying firms, consulting firms, public relations firms, media consultants, advocacy organizations, organized groups and coalitions, and various other entities can all qualify as an “agent of a foreign principal.” Persons acting on behalf of these entities and organizations can qualify as agents as well. A formal contractual relationship is not required. Entities and individuals are both subject to FARA’s registration and reporting requirements if they qualify as an agent under the statute.
Exemptions Under FARA
While agents of foreign principals are generally required to register under FARA, there are various exemptions. These exemptions apply primarily to private and nonpolitical activities. As outlined in the statute, a foreign agent is not required to register, if the agent’s activities involve:
- Diplomatic representation (provided such representation does not involve public relations advice)
- Representation of certain registered foreign officials (with exclusions for public relations activities and other covered services)
- Engaging in bona fide trade or bona fide commercial activity on behalf of a foreign principal or when such activities are in furtherance of the interests of such foreign principal
- Bona fide religious, scholastic, fine arts, and scientific pursuits
- Humanitarian fundraising (solicitation of funds for charitable purposes is exempt under FARA)
- Other activity that does not predominantly serve a foreign interest (including assisting with financial operations)
- Certain defense activities that are in the interests of (or serving predominantly the interests of) the United States
- Legal representation of a disclosed foreign principal in court or before the US government
- Representation of qualifying registered parties under the Lobbying Disclosure Act
Each of these exemptions is narrowly defined; and, as a result, foreign agents seeking to rely on one of FARA’s exemptions should clearly document how their activities fall outside of the statute’s registration requirements. In the event of a federal investigation, being prepared to proactively demonstrate that an exemption can be critical for avoiding unnecessary costs, complications, and risks.
Penalties Under FARA
The penalties for noncompliance with FARA can be severe. As discussed above, the DOJ’s FARA Unit can pursue both civil enforcement and criminal prosecution as warranted. Some examples of violations that can expose agents to penalties under FARA include:
- Failure to file an initial registration statement
- Failure to comply with FARA’s ongoing disclosure requirements
- Failure to disclose foreign ties or efforts to promote foreign policies when engaging with US government officials
- Making false statements or material omissions in FARA registration or disclosure filings
- Improperly relying on the bona fide trade or commercial exemption (i.e., pursuing regulatory initiatives)
- Engaging in alleged conduct similar to more traditional espionage on behalf of foreign governments or state-owned enterprises
- Engaging in prohibited financial arrangements with foreign principals (i.e., contingency fee arrangements based on the success of political or lobbying activities)
In civil enforcement cases, agents can face injunctions preventing further activities on behalf of the principal beneficiary of the agency-principal relationship at issue. In criminal prosecutions under FARA, misdemeanor violations can carry up to six months in prison, and agents can face up to a $250,000 fine and five years of federal imprisonment when charged with felony violations. Non-citizens accused of violating FARA can also face deportation from the United States in some cases.
Experienced US Defense Counsel for FARA Investigations and Prosecutions
Our senior attorneys provide experienced representation for individuals and entities that are facing federal scrutiny under FARA. We are familiar with recent enforcement trends under FARA and other pertinent aspects of federal agency law, and we have an extensive track record of helping clients favorably resolve high-stakes federal matters. This includes matters involving the DOJ’s National Security Division, which houses its FARA Unit.
Federal defense isn’t just a major part of our practice—it is our primary focus. With a team that includes former DOJ prosecutors, we have the experience and capabilities to effectively handle FARA enforcement matters regardless of the circumstances involved.
FAQs: Defending Against Allegations of FARA Noncompliance
What is the Foreign Agents Registration Act (FARA)?
The Foreign Agents Registration Act (FARA), codified at 22 U.S.C. Section 611 et seq., is a federal law that is designed to ensure transparency in the representation of foreign entities within the United States. While it was enacted in 1938 to combat foreign propaganda, it has taken on heightened importance in recent years. FARA has been amended 10 times since its enactment; and, today, it establishes a comprehensive framework for the regulation of “agents of foreign principals” representing foreign interests on US soil.
FARA requires agents to register with the federal government within 10 days of entering into an agreement for representation—though a formal contractual agreement is not required for FARA to apply. Registration statements must include extensive information about the agent. After registration, required disclosures must be updated every six months detailing all pertinent activities, receipts, and disbursements via a Supplemental Statement.
Does FARA require registration by US and foreign law firms that represent foreign parties in matters involving the federal government?
Yes, FARA applies to both US and foreign agents representing foreign principals. This generally includes law firms that represent parties in matters involving the federal government, though a FARA exemption may apply.
Is the Trump administration enforcing FARA?
The Trump administration signaled that it would be deprioritizing FARA enforcement in 2025, when former Attorney General Pam Bondi issued an advisory opinion stating that criminal enforcement would only be pursued in limited circumstances. However, this also clearly signifies that enforcement is not off of the table entirely; and, with Attorney General Bondi no longer leading the DOJ, the Department’s priorities could change going forward.
Speak with a FARA Defense Attorney at Oberheiden PC
If you need to speak with a FARA defense attorney, we encourage you to get in touch. Please call 888-680-1745 or contact us confidentially online to schedule an appointment with a senior attorney at Oberheiden PC.
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