Wiley Updates Its Essential FARA Handbook for 2023

January 18, 2023

Washington, DC – Wiley Rein LLP, a preeminent DC law firm, has updated its essential handbook on the Foreign Agents Registration Act (FARA) for 2023. FARA, a long-standing statute, seeks to ensure that all persons engaged in certain political and quasi-political activities within the United States on behalf of foreign entities and foreign persons, properly disclose their activities to the U.S. government.

Tessa Capeloto, partner in Wiley’s International Trade Practice, authored the handbook, providing an overview of FARA and the regulatory and statutory provisions that govern whether an entity must register with the U.S. Department of Justice (DOJ). The handbook addresses key themes including the FARA registration process, recordkeeping requirements and other obligations of registered foreign agents, and the penalties associated with FARA violations.

The handbook also outlines recent developments in FARA enforcement, such as:

• A DOJ rulemaking signaling the first revisions of FARA regulations in 15 years;
• Charges recently brought by DOJ under Section 951 in conjunction with, or in lieu of, charges for alleged FARA violations;
• The recent release of dozens of redacted FARA advisory opinions that help clarify FARA registration requirements; and
• Recent civil and criminal enforcement actions under FARA.

Wiley has a well-established FARA Practice and routinely advises a wide range of clients, including foreign governments, lobbyists, public relations firms, law firms, and tourism agencies, on whether registration is required under FARA and complying with FARA registration obligations. The firm’s attorneys actively assist clients with completing and executing their FARA filings while ensuring full compliance with the law. The team also regularly drafts advisory opinion requests on behalf of clients to the DOJ’s National Security Division with a solid track record of success, and assists clients in navigating FARA audits.

The updated FARA handbook can be read here.

For more information about FARA, please contact Tessa Capeloto (202.719.7586 or tcapeloto@wiley.law).