Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 09 OCTOBER 2026

FARA And Nonprofits: Recent Developments And Compliance Considerations

Caplin & Drysdale, Chartered
Caplin & Drysdale, Chartered
Contributor
Caplin & Drysdale, Chartered

Caplin & Drysdale, Chartered

Caplin & Drysdale was formed in 1964 by Mortimer M Caplin, who served as Commissioner of the...

View firm profile
Explore more from Caplin & Drysdale, Chartered

A U.S. House Committee on Ways & Means hearing on “Foreign Influence in American Nonprofits” last month and recent letters by Republican state Attorneys General accusing specific organizations of violating FARA have resulted in some additional public attention about how FARA relates to the nonprofit/tax-exempt sector.

United StatesGovernment, Public Sector
Matthew Sanderson
Matthew Sanderson
Author LinkedIn connections

A U.S. House Committee on Ways & Means hearing on “Foreign Influence in American Nonprofits” last month and recent letters by Republican state Attorneys General accusing specific organizations of violating FARA have resulted in some additional public attention about how FARA relates to the nonprofit/tax-exempt sector.

We have produced a one-page primer explaining FARA for nonprofits and tax-exempt organizations here.  This Blog post provides additional relevant information.     

What Has Changed Recently with FARA that Potentially Affects Nonprofits?

While the Ways & Means hearing and the Republican AG letters drew public attention that could potentially spur the U.S. Department of Justice to action, neither changed the law nor materially affected the FARA landscape.  Similar FARA-related hearings and letters have been a regular occurrence since 2016, with little or no discernable impact on interpretation and/or enforcement of the law.  While this time could certainly be different,

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

This article is designed to give general information on the developments covered, not to serve as legal advice related to specific situations or as a legal opinion. Counsel should be consulted for legal advice.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

SBA Extends Deadline For Comments On Historic Overhaul Of Size Standards

The Small Business Administration has extended the comment period for two proposed rules that could dramatically reshape federal government contracting by significantly expanding the pool of entities eligible for small business set-aside procurements. With some size standard thresholds proposed to increase as much as tenfold, these changes would fundamentally alter the makeup of the small business contractor base.
United StatesGovernment, Public Sector
Crowell & Moring LLP
Crowell & Moring LLP
Article

D.C. Circuit Rules Pentagon Can Exclude Anthropic From Supply Chain

The U.S. Court of Appeals for the D.C. Circuit has ruled that the Department of War can exclude Anthropic from its supply chain under the Federal Acquisition Supply Chain Security Act, finding that the AI company's ability to manipulate its Claude model creates a supply chain risk. This decision contrasts with an earlier California district court ruling that blocked a similar designation under a different statute, creating a complex legal landscape for AI providers and government contractors.
United StatesGovernment, Public Sector
Taft, Stettinius & Hollister LLP
Taft, Stettinius & Hollister LLP
Article

FMCSA MOTUS Implementation – Common Motor Carrier Concerns

The Federal Motor Carrier Safety Administration launched MOTUS in May 2026, replacing legacy registration platforms and fundamentally changing how motor carriers, freight brokers, and surface freight forwarders handle operating authority applications and license maintenance. While designed to combat fraud and streamline registration activities, the transition has created significant user experience challenges that threaten operating authority status and customer relationships for transportation service prov
United StatesGovernment, Public Sector
Benesch, Friedlander, Coplan & Aronoff LLP
Benesch, Friedlander, Coplan & Aronoff LLP
Article

BIOSECURE Act Update: Court Enjoins WuXi AppTec’s 1260H Designation, but Strategic and Compliance Clocks Keep Running

The U.S. District Court for the District of Columbia has preliminarily enjoined the Department of War from enforcing WuXi AppTec's Section 1260H designation, finding the agency misread its evidence on state and military affiliation. However, this ruling does not close alternative pathways to biotechnology company of concern (BCC) designation under the BIOSECURE Act, and earlier supply-chain restrictions continue to drive near-term compliance decisions with a critical June 30, 2027 deadline for sub-tier supp
United StatesGovernment, Public Sector
Greenberg Traurig
Greenberg Traurig
Article

Massachusetts’ 2026 Ballot Questions: What Clients Need To Know

Massachusetts voters will decide nine statewide ballot questions in November 2026 that could fundamentally reshape the state's legal, regulatory, and fiscal landscape. These measures address government transparency, election reforms, housing development, marijuana regulation, firearms laws, and state revenue limits, with implications extending far beyond Election Day to implementation, regulation, and ongoing policy debates.
United StatesGovernment, Public Sector
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

OFAC Broadens Cuba Sanctions And Restricts Payments And Travel

The U.S. Treasury Department's Office of Foreign Assets Control has implemented sweeping changes to Cuba sanctions, introducing a new regulatory framework that extends restrictions beyond U.S. persons to foreign entities and financial institutions. These measures eliminate key banking authorizations, expand transaction prohibitions to include intermediary payments, and significantly narrow travel permissions, creating new compliance challenges for businesses operating in or through Cuba-related channels.
United StatesGovernment, Public Sector
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

Weekly Sanctions Update: September 14, 2026

The Treasury Department intensifies economic pressure on Iran through Operation Economic Outcast, suspending aviation licenses and sanctioning dozens of entities while implementing a presumption of denial for Iran-related transactions. Meanwhile, new enforcement actions target Chinese cybercrime platforms, Ecuadorian terrorist organizations, and Israeli settlers, as Congress considers comprehensive Russia-Iran sanctions legislation.
GlobalGovernment, Public Sector
Steptoe LLP
Steptoe LLP
Article

Digital Asset Taxation Update

Republicans in the House have introduced draft legislation addressing digital asset taxation, covering mark-to-market accounting, wash sales, mining and staking rewards, and charitable contributions. Recent court cases and enforcement activity suggest these proposals could significantly reshape how cryptocurrency transactions are taxed and reported, though they stop short of providing a comprehensive framework or resolving whether digital assets are securities or commodities.
United StatesTax
Caplin & Drysdale, Chartered
Caplin & Drysdale, Chartered
Article

SEC Proposes To Rescind Investment Adviser "Pay-to-Play" Rule

The Securities and Exchange Commission has proposed rescinding Rule 206(4)-5, the pay-to-play rule that has restricted political contributions by investment advisers since 2010. The proposal would eliminate automatic two-year compensation bans triggered by contributions exceeding $150 and shift responsibility for policing pay-to-play risk to individual adviser compliance programs.
United StatesFinance and Banking
Caplin & Drysdale, Chartered
Caplin & Drysdale, Chartered