Justice Department Proposes New Regulations to Modernize Foreign Agents Registration Act Administration and Enforcement

The Justice Department submitted to the Federal Register yesterday a Notice of Proposed Rulemaking (NPRM) to update and clarify regulations issued under the Foreign Agents Registration Act (FARA).

FARA requires persons in the United States who are acting as agents of foreign principals and engaged in certain specified activities to make periodic public disclosures of their relationship with the foreign principal, as well as activities, receipts, and disbursements in support of those activities. Disclosure of the required information facilitates evaluation by the government and the American people of the activities of such persons in light of their function as foreign agents. The act authorizes the Attorney General to issue regulations, which were last amended in 2007.

The Justice Department’s proposed rule would make changes to key regulations, including those relating to the commercial exemption, the exemption for persons whose activities do not serve predominantly a foreign interest, and the exemption for persons qualified to practice law. The proposed rule also would modernize regulations relating to labeling informational materials in light of the significant technological changes that have occurred since the regulations were last amended more than a decade ago.

In December 2021, the department issued an Advance Notice of Proposed Rulemaking (ANPRM) with 19 questions to solicit comments about regulations on a range of topics, and the proposed rule reflects the department’s careful consideration of views submitted through this process.

An unofficial version of the NPRM is available here; the official version will be published in the Federal Register. Written comments on the NPRM may be submitted within 60 days of its publication in the Federal Register at www.regulations.gov. The NPRM will be followed by final regulations issued later.