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Foreign Governments Foreign Nationals

Wiley Rein LLP

FARA: 2023 Review and 2024 Preview

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Aggressive enforcement of the Foreign Agents Registration Act (FARA) continued last year, and that trend shows no signs of receding in 2024. The U.S. Department of Justice (DOJ) in 2023 filed its first affirmative civil...more

Mayer Brown

The US Foreign Agents Registration Act (FARA): Key Issues to Watch in 2024

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With recent high-profile prosecutions continuing to draw attention to the Foreign Agents Registration Act (FARA) and related political laws, and a number of notable announcements by Department of Justice (DOJ) officials at a...more

Wiley Rein LLP

DOJ Issues Several New FARA Advisory Opinions on Registration Triggers and Exemptions

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On October 3, the U.S. Department of Justice (DOJ) FARA Unit published a number of new advisory opinions (AOs) offering guidance and further insight on the Department’s interpretation of certain FARA registration triggers and...more

Kerr Russell

The Interesting “Foreign Person” Status Under CFIUS

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CFIUS has the authority to review any transaction that could result in foreign control of a US business, certain non-controlling investments and certain real estate transactions. This includes mergers, acquisitions, and joint...more

Torres Trade Law, PLLC

Think Tanks May Need to Rethink FARA Registration

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When considering who must register under the Foreign Agents Registration Act (“FARA” or “the Act”), one normally thinks of individuals, law firms, or marketing firms, the typical kinds of agents that must register for...more

Morrison & Foerster LLP

A Win for Wynn: Judge’s Dismissal of Civil Case Against Steve Wynn Could Fundamentally Change FARA Enforcement

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On October 12, 2022, a federal district judge in the District of Columbia, Judge James E. Boasberg, dismissed a U.S. Department of Justice (DOJ) civil complaint against businessman Steve Wynn, which sought to compel Wynn to...more

Morrison & Foerster LLP

Court Documents and Retroactive Registration Show Continued Focus on Expansive FARA Enforcement

The U.S. Department of Justice’s (DOJ) determined approach to identifying violations of the Foreign Agents Registration Act (FARA) shows no signs of slowing down. An inadvertently disclosed warrant revealed that John Allen, a...more

Morrison & Foerster LLP

DOJ Seeks to Require U.S. Businessman to Register as a Foreign Agent on Expansive Agency Theory

Earlier this week, the U.S. Department of Justice (DOJ) filed a civil enforcement action seeking to compel U.S. businessman Steve Wynn to register under the Foreign Agents Registration Act (FARA) as an agent of the Chinese...more

Freeman Law

The Foreign Agents Registration Act (FARA)

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The Foreign Agents Registration Act (FARA), 22 U.S.C. § 611 et seq., is a federal statute passed in 1938 that was originally intended to combat the dissemination of Nazi and Communist propaganda within the United States. FARA...more

Hogan Lovells

U.S. Justice Department seeks input on modernization of the FARA for the first time in 15 years

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Following its efforts in recent years to enforce the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq. (FARA)) more rigorously and transparently, for the first time in nearly 15 years, the U.S. Department of...more

Oberheiden P.C.

DOJ, FBI Targeting U.S. Citizens and Foreign Nationals Suspected of Acting as Agents of Foreign Governments

Oberheiden P.C. on

In October 2020, the U.S. Department of Justice (DOJ) filed charges against eight individuals accused of operating “repatriation squads” in the United States on behalf of the People’s Republic of China (PRC). It announced...more

Manatt, Phelps & Phillips, LLP

Insider Cyber Threats From Outside the Office

Insider threats continue to be pervasive and real. Last month’s indictment of a Russian national accused of conspiring to recruit a U.S. company’s employee to carry out a cyberattack is a sharp reminder of that. According to...more

Oberheiden P.C.

Theft of U.S. Companies’ IP Assets and Other National Security Issues Involving Foreign Governments and Foreign-Controlled...

Oberheiden P.C. on

Federal authorities have recently described the threat of economic espionage from foreign entities as one of the greatest threats to the economic vitality of the United States, and this has led to an increase in...more

Perkins Coie

Law Firms Take Note: Recent DOJ Advisory Opinions Highlight Narrow Scope of the FARA Legal Exemption

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In the wake of a global law firm entering into a multimillion-dollar settlement for failing to register as an agent of a foreign principal under the Foreign Agents Registration Act (FARA or the act), other law firms have...more

Faegre Drinker Biddle & Reath LLP

Foreign Contract and Gift Reporting Deadline Approaches for Higher Education Institutions, As Does a Revised Reporting Process

As discussed in a previous alert dated June 18, 2019, the U.S. Department of Education (the “Department”) over the last year increased its scrutiny of postsecondary institutions’ contracts with, and gifts from, foreign...more

Polsinelli

Top Three FARA Exemptions to Know

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With the Department of Justice (“DOJ”) giving increased attention to Foreign Agent Registration Act (“FARA”) enforcement, companies that have international business operations or otherwise deal with foreign governments and...more

Sheppard Mullin Richter & Hampton LLP

The Golden Ticket: Will Your Company be Excepted from New CFIUS Regulations?

By now, you have skimmed through the proposed FIRRMA regulations issued on September 17 2019, and you have very likely read a dozen summaries of those regulations (with titles like “New Proposed CFIUS Regulations Published”...more

Skadden, Arps, Slate, Meagher & Flom LLP

Proposed Bill Would Expand Political Communications Ban for Foreign Nationals

On June 25, the Preventing Adversaries Internationally from Disbursing Advertising Dollars Act (the bill) was introduced in the U.S. Senate. The bill proposes expansions of existing prohibitions on political activities of...more

Pillsbury Winthrop Shaw Pittman LLP

Beware Foreign Companies Seeking U.S. Support

U.S. is increasing its enforcement to monitor foreign interests. The U.S. Department of Justice (DOJ) recently announced increased enforcement of the Foreign Agents Registration Act (FARA), which requires public...more

Bracewell LLP

DOJ Reveals Foreign Agent Cases Are Fara from Over

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On March 6, Assistant Attorney General for National Security John C. Demers announced that the Department of Justice (“DOJ”) has designated a new deputy chief to lead the Foreign Agents Registration Act (“FARA”) unit and that...more

WilmerHale

An Introduction to the Foreign Agents Registration Act for Firms Assisting Foreign Clients in the United States

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After decades in which the Foreign Agents Registration Act (FARA) received relatively little attention, a confluence of recent events has given the statute newfound prominence. Together, these developments compound the...more

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