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Primer on the Foreign Agents Registration Act ("FARA") 2018

Recorded on: Feb. 28, 2018
Running Time: 01:03:03

Full Transcript:



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Taken from the One-Hour Briefing Recorded February 2018 in New York

Primer on the Foreign Agents Registration Act ("FARA") 2018 [01:03:03]

The Foreign Agents Registration Act ("FARA") is a criminal statute enacted in 1938 that only very recently has become the focus of a crackdown by the U.S. Department of Justice.  In addition to high profile FARA cases related to Special Counsel Robert Mueller's investigation of the Trump Administration, practitioners report that the Department of Justice is focusing additional resources on identifying violations of the statute and is taking an increasingly aggressive view of FARA's scope.  FARA may require corporations, law firms, consulting firms, lobbying and PR firms, nonprofit organizations, individuals, and others to register with the Department of Justice and file detailed disclosure reports, in connection with activities on behalf of any "foreign principal" that involve lobbying, public relations advice, fundraising, certain legal work, and a range of other activities generally related to influencing U.S. Government policy or public opinion.   

Robert K. Kelner, a partner at Covington & Burling LLP, chairs Covington's Election & Political Law group and is a member of the firm's White Collar Defense group.  He is one of the country's leading FARA practitioners, with nearly twenty years' experience advising corporate and other clients on FARA matters and defending firms and individuals in FARA-related criminal and regulatory investigations.  Most recently, he has represented General Michael Flynn and the Flynn Intel Group in connection with an investigation by the Special Counsel's Office.   

The program will cover:  

  • A basic overview of FARA
  • How FARA may apply to U.S. corporations, including those with foreign parent companies
  • The various exemptions to FARA registration
  • Current FARA risk areas and enforcement trends

Presentation Material

  • The Foreign Agents Registration Act
    Robert K. Kelner
  • The Foreign Agents Registration Act (“FARA”): A Guide for the Perplexed
    Robert K. Kelner
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