Back To The Future: Developments And Potential Changes For FARA On The Horizon

A recurring theme in public affairs over the past several years has been the extent to which foreign actors have sought to influence in the United States, including over its government and government officials. While every administration has decried foreign nations seeking to insert themselves into U.S. public policy, enforcement against such activity has often been uneven.

In particular, the Foreign Agents Registration Act (FARA) has gone from a little-known statute to a major enforcement tool in recent years. In the last several months, the United States Department of Justice (DOJ) had signaled a retreat from robust use of FARA as a tool of criminal enforcement.

But recent criminal prosecutions and potential legislative developments have also demonstrated that companies and individuals working internationally still need to be mindful of the applicable legal requirements when operating on behalf of foreign actors. A failure to do so could lead to significant