Over the last several weeks, Texas, Louisiana, and Nebraska have enacted so called “baby” Foreign Agents Registration Act (“FARA”) laws aimed at regulating foreign-influenced political activity in the states. There has been a trend in state legislatures over the last year to propose laws that apply to foreign-influenced political activity, particularly in light of uncertainty regarding criminal enforcement of the federal FARA statute. The state bills notably apply to activities on behalf of both foreign governments and foreign corporations. The Texas, Louisiana, and Nebraska laws follow a similar law enacted in Arkansas earlier this year. Several bills remain pending in other states as well.

In Texas, the Governor signed a baby FARA bill into law on June 20, 2025, which will go into effect on September 1, 2025. The Texas law requires registration by and imposes a compensation ban on persons that communicate directly with state officials to influence legislation or administrative action on behalf of a foreign adversary, which is defined broadly to include both certain foreign governmental entities and corporations with a principal place of business in China, Russia, Iran, Cuba, and North Korea. The law broadly defines covered administrative action as “rulemaking, licensing, or any other matter that may be the subject of action by a state agency or executive branch office.” The definitions also broadly cover “establishing goodwill with the member for the purpose of later communicating with the member to influence legislation or administrative action.”

Similarly, in Louisiana, the Governor signed into law a bill on June 20, 2025, that will become effective December 1, 2025. The Louisiana law requires registration and reporting by persons acting on behalf of foreign adversaries that engage in lobbying in the state. The bill defines a “foreign adversary” as an individual, corporation, or government identified as a foreign adversary in 15 CFR 791.4, which currently includes China, Russia, Iran, Cuba, and North Korea, or “in the database maintained by” the U.S. Department of the Treasury’s Office of Foreign Assets Control. While the bill is not precise regarding the Treasury “database” to which it refers, it appears likely that the legislature intended to reference the U.S. Department of Treasury’s sanctions programs and country information list. This database includes a list of several corporate and country-related sanctions, including against Chinese military companies. Under the law, any person representing a foreign adversary and engaging in lobbying activities would have to register with the Louisiana Board of Ethics, providing detailed information, including the nature of their business, their activities, and the country they represent.

Finally, in Nebraska the Governor signed a bill into law on June 6, 2025, that will go into effect on October 1, 2025. The Nebraska law requires any agent of a foreign principal from an adversary nation to register and file detailed disclosure reports with the Nebraska Attorney General, if they are engaged in covered activities. The bill incorporates the definition of a foreign adversary from regulations by the United States Department of Commerce, which currently includes China, Russia, Iran, Cuba, and North Korea. The bill also relies heavily on the definitions and registration requirements from the federal FARA statute, including the definitions of a foreign principal and covered activities.

Notably, none of the bills contain the kinds of exemptions that companies often rely upon in the federal FARA statute, such as FARA’s exemptions for certain commercial activity or for matters the company is already registered for under domestic lobbying laws. As a result, agents of certain private sector foreign principals that may be exempt under the federal statute might need to register or develop state-specific compliance programs under these new laws.

If you have any questions concerning the material discussed in this client alert, please contact members of our Election and Political Law practice.

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Photo of Robert Kelner Robert Kelner

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads…

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads the firm’s prominent congressional investigations practice.

Rob’s political law compliance practice covers federal and state campaign finance, lobbying disclosure, pay to play, and government ethics laws. His expertise includes the Federal Election Campaign Act, Lobbying Disclosure Act, Ethics in Government Act, Foreign Agents Registration Act, and Foreign Corrupt Practices Act.

He is also a leading authority on the arcane rules governing political contributions and marketing activities by registered investment advisers and municipal securities dealers.

Rob’s political law clients include numerous multinational corporations, many of which are household names.  He counsels major banks, hedge funds, private equity funds, trade associations, PACs, political party committees, candidates, lobbying firms, and politically active high-net-worth individuals. He has represented the Republican National Committee, National Republican Congressional Committee, and National Republican Senatorial Committee.  He also advises Presidential political appointees on the complex vetting and confirmation process.

As a partner in the firm’s White Collar Defense & Investigations practice group, Rob regularly defends clients in congressional investigations before virtually every major congressional investigation committee.  He also defends corporations and others in investigations by the Federal Election Commission, the Public Integrity Section of the U.S. Department of Justice, federal Offices of Inspector General, and the House & Senate Ethics Committees.  He has prepared many CEOs and corporate executives for testimony before congressional investigation panels. He regularly leads the Practicing Law Institute’s training program on congressional investigations for in-house lawyers.  In addition, he is frequently retained to lead internal investigations and compliance reviews for major corporate clients concerning lobbying and campaign finance law issues.

Rob has appeared as a commentator on political law matters on The PBS News Hour, CNBC, Fox News, and NPR, and he has been quoted in the New York Times, Washington Post, Wall Street Journal, Associated Press, Legal Times, Roll Call, The Hill, Politico, USA Today, Financial Times, and other publications.

Rob is Chairman of Covington’s Professional Responsibility Committee and a General Counsel of the firm.  He also currently serves as Chairman of the District of Columbia Bar’s Legislative Practice Committee, and he previously was appointed by the President of the American Bar Association to serve on the ABA’s Standing Committee on Election Law.

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Photo of Alex Langton Alex Langton

Alexandra Langton is a member of the Election and Political Law Practice Group in the Washington, DC office. She represents clients in high-profile and high-risk congressional investigations, FEC investigations, and other criminal, civil, and internal investigations that present legal, political, and public relations…

Alexandra Langton is a member of the Election and Political Law Practice Group in the Washington, DC office. She represents clients in high-profile and high-risk congressional investigations, FEC investigations, and other criminal, civil, and internal investigations that present legal, political, and public relations risks. She also advises companies, PACs, nonprofits, and individuals on compliance with federal and state campaign finance, ethics, lobbying laws, and vetting matters.

Alexandra has particular expertise in the Foreign Agents Registration Act (“FARA”). She frequently interacts with the FARA Unit of the Department of Justice and advises clients on top-tier FARA compliance programs, including FARA policies, FARA trainings, and FARA filings. Alexandra also represents a number of clients in high-profile civil and criminal FARA enforcement actions.

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