Workshop — A Complete Primer on FARA and the eFile System: Essential Takeaways on Key Definitions, Requirements and Compliance Program Components

Nov 30, 2023 1:30pm – 05:00 PM

Heather Hunt
Senior Counsel for FARA Administration
U.S. Department of Justice

Tessa Capeloto
Wiley Rein LLP

Meredith McCoy
Venable LLP

Laying the groundwork for the main conference, join this workshop that will bring you up-to-speed and set the stage for the specific, complex discussions that will follow.

The workshop leaders will provide an essential overview of FARA requirements, the FARA eFile Systems and the core building blocks of FARA enforcement and compliance-and benefit from additional CLE credit and speaker-prepared reference materials.

Topics will include:

  • Defining “foreign agent” and “foreign principal” under FARA
  • What can trigger the need to register for:
    • Lobbying and public relations firms
    • Agents and their employers
    • Lawyers and law firms
    • Consulting firms
    • Non-profit groups
    • Universities and think tanks
    • Media
    • Trade associations
    • U.S. subsidiaries of foreign companies
  • The do’s and don’ts of using the FARA eFile System and common missteps to avoid Common pitfalls associated with using the filing process
    • How much information is required to be submitted
    • How to streamline the filing system
  • Common misconceptions about FARA registration: When it is (and isn’t) required No de minimis threshold
  • What is meant by “at the order, request, or under the direction or control” of, a foreign principal”
  • Defining “political activities” and acting as a “public-relations counsel,” “publicity agent,” “information-service employee,” or “political consultant”
  • Representing the interests of a foreign principal before an agency or official of the United States Government
  • Assessing the nature and scope of activities by an “agent”
  • Overview of FARA Exemptions and DOJ Interpretations of:
    • The Commercial Exemption
    • LDA Exemption
    • Lawyers’ Exemption
    • Academic Exemption
  • The anatomy of a DOJ audit of a registered foreign agent
  • What is required by the DOJ for disclosure reports and copies of “informational materials”