Today the Department of Justice (“DOJ”) issued an unusual press release that may signal stepped up enforcement of the Foreign Agents Registration Act (“FARA”). In the press release, DOJ reminded the public of FARA’s requirements and warned of potential “civil and criminal liability” for noncompliance. Several aspects of the release warrant attention.
Standalone public statements like this directed broadly to the public are uncommon, and it is likely DOJ intends the press release to signal a shift in its enforcement priorities. The press release comes just one month after Attorney General Todd Blanche was confirmed by the Senate and shortly after the Department announced in a Unified Agenda entry that it intends to complete its long-running effort to revise the regulations implementing FARA. The announcement also appears to depart from former Attorney General Pam Bondi’s position that criminal FARA enforcement should generally be limited to conduct resembling “traditional espionage by foreign government actors.” Against that backdrop, the release represents one of the most significant public indications of DOJ’s foreign agent enforcement priorities under its new leadership and could suggest that foreign influence enforcement will be a meaningful area of focus for the Department.
The press release also emphasizes the regulation of public advocacy activities under FARA and a related federal statute that prohibits acting on behalf of a foreign government without notice to the Attorney General, 18 U.S.C. § 951. Specifically, DOJ warns that a person acting “as an agent of any foreign power to carry out any public activity, including (but not limited to) public demonstrations designed to further the propaganda or other goals of the foreign power,” must register or notify DOJ. The statement serves as a reminder that DOJ continues to view FARA and § 951 as broad transparency statutes that can apply to a range of public-facing activities beyond direct lobbying. The emphasis on public advocacy and public demonstrations also echoes themes from President Trump’s National Security Presidential Memorandum 7, which identified foreign influence activities as a national security concern and directed federal agencies to take a more coordinated approach to addressing such threats. Read in that context, the announcement should be of particular interest to nonprofit organizations, advocacy groups, think tanks, and grassroots organizations with foreign funding or other foreign ties that engage in public education, coalition building, demonstrations, media outreach, or other issue-advocacy efforts.
Finally, the press release encourages members of the public who believe they have information regarding undisclosed foreign government direction or control to contact the FBI or their local U.S. Attorney's Office. Combined with the release's repeated warnings regarding criminal liability, the request appears designed to surface additional matters for investigation and potentially expand the pipeline of future enforcement cases.
If you have any questions concerning the material discussed in this client alert, please contact these members of our Election and Political Law practice.
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