DOJ Proposes Updated Regulations For the First Time in Fifteen Years
By: Bracewell
After years of suggesting that modifications were in the works, the Department of Justice recently proposed drastic changes to the Foreign Agents Registration Act (FARA) that would, among other things, profoundly limit one of the most widely used registration exemptions. In this update, we discuss the notable proposed changes and the effect a new Attorney General, who herself has registered under FARA, could have on the likelihood of these changes actually occurring.
Key shifts include proposed changes to the:
- Commercial Exemption
- Legal Exemption
- Requirements Regarding Informational Materials
- Treatment of Tourism Activities
FARA requires disclosure and transparency relating to certain activities performed on behalf of foreign governments, companies, individuals, nonprofits and other foreign principals, such as “political activities†that include lobbying federal officials and trying to influence American public opinion about US policies or a foreign principal’s interests. DOJ first indicated an intent to revise FARA, for the first time since 2007, in December 2021 when it solicited comments from the public on several FARA-related topics. Three years later, on December 20, 2024, the Department took the next step in the process by posting a NOPR with its recommended changes. The public has 60 days to comment, after which the Department will craft final regulations.
