www.FARA.us

Several newly-released advisory opinions on the Foreign Agents Registration Act (“FARA”) demonstrate the Department of Justice’s (“DOJ”) exceedingly broad view of the statute’s scope.  These opinions signal that organizations working with foreign entities may not be able to claim exemptions previously thought to apply to their work.  This latest guidance is in line with DOJ’s efforts to prioritize enforcement of FARA.

Opinion to U.S. Nonprofit Organization

In a March 13, 2020 opinion concerning a U.S. nonprofit organization that received a grant from a foreign ...

In an attempt to clarify the scope of the concept of “agency” in context of the Foreign Agents Registration Act (“FARA”), the Department of Justice’s FARA Unit posted guidance earlier this month.

In May, the FARA Unit posted an explainer on the scope of “agency” under FARA, stating a commitment to increase transparency around enforcement of the statute and explaining that because FARA regulates expressive activities, “it is important that the standards governing its application be clear.” Notably, courts have used the Restatements of Agency as a guide in ...

Following its collection of public comment on the reporting requirements for foreign gifts and contracts with American universities, the Department of Education (DOE) has released additional information on the requirements.

Section 117 of the Higher Education Act requires that institutions report to the federal government any gift or contract with a foreign source valued at $250,000 or more “considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year.” In February, DOE requested a budgetary review of its new ...

The Foreign Agents Registration Act (“FARA”) has been in place since 1938.  During its eight decades of existence, the statute has been administered and enforced by different governmental bodies under varying arrangements.  Below is a description of FARA’s administration and enforcement from a historical perspective.

Initial FARA Enforcement at the Department of State (1938-1942)

As originally enacted in 1938, FARA tasked the Secretary of State with managing the foreign agent registration program.[1]  At the time, Secretary of State Cordell Hull opposed this statutory ...

In line with recent attempts to limit foreign influence in the United States, the U.S. State Department has designated five major Chinese state-run media companies as “foreign missions.”

The Foreign Missions Act defines a foreign mission as an entity that is “substantially owned or effectively controlled” by a foreign government.[1] Designating a company as a “foreign mission” requires it to adhere to requirements similar to those imposed on embassies and consulates in the U.S. The Act requires each company to register the locations of any properties they own or rent ...

The Department of Education (DOE) has provided clarity on the reporting requirements for foreign gifts to and contracts with American universities after stepping up its scrutiny of such funding. DOE’s increased concern with foreign funding for universities has led to the arrest of a Harvard professor, who is charged with concealing payments he received from the Chinese government for research.

Section 117 of the Higher Education Act requires that institutions report to the federal government any gift or contract with a foreign source valued at $250,000 or more “considered ...

On October 22, the Department of Justice filed criminal charges against Imaad Shah Zuberi, a Southern California venture capitalist, alleging violations of the Foreign Agents Registration Act (“FARA”) and other laws. Zuberi, who ran a venture capital firm called Avenue Ventures, has agreed to plead guilty to the charges.

The Department of Justice (“DOJ”) alleged that Zuberi used a portion of the funds he received through Avenue Ventures to attempt to persuade high-level U.S. public officials to take actions favorable to his clients. Specifically, DOJ alleged that ...

The Department of Education (DOE) appears to be stepping up scrutiny of American universities’ disclosures of foreign gifts and contracts. Several universities have received letters from the Department requesting information related to foreign gifts and contracts.

Section 117 of the Higher Education Act requires that institutions report to the federal government any gift or contract with a foreign source valued at $250,000 or more “considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year.” On September 26 ...

UPDATE: On March 18, 2021, Rafiekian’s FARA conviction was reinstated by the Fourth Circuit Court of Appeals. The Court opined that the circumstantial evidence and reasonable inferences were sufficient for the jury to rely on to convict Rafiekian.

. . .

On September 24^th, Judge Trenga of the U.S. District Court for the Eastern District of Virginia set aside the conviction of former Michael Flynn associate Bijan Rafiekian. In July, a federal jury had convicted Rafiekian, who ran a consulting firm with Michael Flynn hired to advocate for the extradition of Turkish dissident cleric ...

A Department of Justice official confirmed yesterday that enforcement of the Foreign Agents Registration Act (“FARA”) is a “top priority” for the Department.  The remark was made by Brandon Van Grack, the Chief of the Department’s FARA Registration Unit, during a speech at the recent National Forum on FARA, a conference co-chaired by Caplin & Drysdale’s Matthew Sanderson.

Mr, Van Grack noted that “almost every single FARA statistic has risen exponentially since 2016,” including the number of FARA registrations filed and the number of FARA Advisory Opinions