On December 13, the U.S. Department of Justice (DOJ) formally requested public input regarding future implementation of Foreign Agents Registration Act (FARA) regulations.

The regulations have not been amended in 14 years.

The DOJ’s Advance Notice of Proposed Rulemaking was published in the Federal Register, Vol. 86, No. 236, seeking public comment to help inform the DOJ’s decision-making prior to its issuance of any new proposed FARA regulations. The DOJ’s National Security Division anticipates issuing a Notice of Proposed Rulemaking that would amend or otherwise clarify the scope of certain exemptions, update various definitions, and make other modernizing changes to the Attorney General’s FARA implementing regulations.

The public comment period ends on February 11, 2022.

On June 4, the Foreign Agents Registration Acts (FARA) Unit of the Department of Justice (DOJ) updated its public list “Letters of Determination” it has issued since 2017. The list was initially published on the DOJ’s website on June 1.

The 15 letters made public were sent by the FARA Unit to potential registrants after evaluations were completed by the unit to determine whether registration was required. The letters, issued between 2017 and 2019, set forth relevant facts, applicable statutory and regulatory provisions, and the unit’s analysis.

While the names of the individuals and foreign principals who are the subject of the letters, and their respective activities being considered by the FARA Unit, are not redacted, the letters do contain some redactions.

According to the FARA Unit, “[The FARA Unit of the DOJ] regularly reviews information to determine whether an entity or individual has an obligation to register under FARA. Where such information suggests that a registration obligation may exist, the FARA Unit sends a letter advising the entity or individual of its potential obligations under FARA, and seeking additional information.”

FARA is a disclosure statute requiring persons acting as agents of foreign principals in a political or quasi-political capacity to make public disclosure of their relationship with and activities for the foreign principal.

On June 8, the Department of Justice’s (DOJ) Foreign Agents Registration Act (FARA) Registration Unit released several years’ worth of advisory opinions previously unavailable to the public.

The advisory opinions, covering the period from January 1, 2010, to the present, had been previously issued to individuals and lobbyists concerning registration and other issues falling under FARA. 49 advisory opinions concerning FARA have been issued by the DOJ since January 1, 2010.

Also included with the release of the advisory opinions are three additional letters sent in response to requests for general information.

Future advisory opinions will be made publicly available and posted on the DOJ’s website periodically.

The advisory opinions can be found here.

On May 24, the New Hampshire Legislature adjourned its final full day in session.

The Legislature introduced a bill creating a full-time investigator position within the Department of Justice to enforce filing and disclosure requirements for election and lobbying laws, but it did not pass.

Recessed until the next call of the chair by the House and Senate, the legislative body may meet again for a veto session in the fall.

When lawmakers meet to organize in December for the 2019 legislative session, the 2018 session will be adjourned sine die.

The measure creates the Lobbying Disclosure Act Enforcement Task Force inside the Department of Justice. The new task force will be charged with enforcing the disclosure provisions of the Lobbying Disclosure Act of 1995.

Further, the bill amends existing federal lobbying law by making public the names of registered lobbyists and firms who violate disclosure regulations. The bill now heads to the Senate.

Update 8-2-2010: Here is an article from The Hill giving K Street’s reaction to the Lobbying Disclosure Enhancement Act: “K Street feels it’s being unfairly targeted by bill disclosing lobbying violators“