On January 2, the U.S. Federal Register published proposals from the Department of Justice (DOJ) to amend regulations related to the Foreign Agents Registration Act (FARA). FARA requires the registration and reporting with the DOJ of persons acting within the U.S. as agents of foreign principals. The law also requires foreign agents to label the informational materials they distribute.

The DOJ is proposing new regulations regarding exemptions to FARA’s registration requirement, the filing and labeling of informational materials, and other issues to ensure the regulations keep pace with technological changes.

FARA has eight exemptions allowing a person engaging in otherwise covered activities for or in the interests of a foreign principal to be exempt from registration if certain criteria are met. The DOJ proposes changes when addressing exemptions for bona fide trade and commerce activities and activities not predominantly serving a foreign interest. They also want changes for the exemption of activities by attorneys in connection with certain proceedings, investigations, and inquiries.

The DOJ proposes defining  informational materials by regulation as any material that the person disseminating it believes or has reason to believe will, or which the person intends to in any way, influence any agency or official of the U.S. government or any section of the public within the U.S., with reference to formulating, adopting, or changing the domestic or foreign policies of the U.S. or with reference to the political or public interests, policies, or relations of a government of a foreign country or a foreign political party. They additionally propose significant changes relating to how informational materials must be labeled, including conspicuous statements with the name of the country or territory where the foreign principal is located.

The department is also proposing a series of technological provisions including how registration statements are filed, how registration fees are paid, the limited need for in-person public examination of registration statements when they are available online, the DOJ’s need for an agent’s business email address to expedite communications with the agent, and updates to the advisory opinion request procedure.

Public comments on the proposed rule changes will be considered until March 3, 2025.