Last week, a bipartisan, bicameral group of legislators introduced the Retroactive Foreign Agents Registration Act (“RFARA”) in the U.S. Congress. Led by Chairman Mike Gallagher (R-Wis.) and Ranking Member Raja Krishnamoorthi (D-Ill.) of the U.S. House Select Committee on the Chinese Communist Party, the bill would amend the Foreign Agents
Continue Reading Congress Introduces Retroactive Foreign Agents Registration Act in Response to Wynn Decision
Alex Langton
Alexandra Langton is an associate in Covington’s Election and Political Law Practice Group in the firm’s Washington, DC office. Her practice focuses on representing corporations, nonprofit organizations, public officials, and individuals in high-stakes matters involving legal, political, and reputational risk. She routinely counsels clients in matters arising from investigations and enforcement actions by the Department of Justice, the Federal Election Commission, congressional committees, and state regulatory authorities, as well as related internal investigations.
In addition to her investigations practice, Alexandra advises clients on compliance with federal and state campaign finance, ethics, and lobbying laws, including sensitive matters. Her work frequently involves advising on the application of federal ethics rules arising in connection with government transitions, appointments, and engagements involving current or former public officials. She also represents clients in state-level campaign finance enforcement matters and compliance reviews.
Alexandra has particular expertise in the Foreign Agents Registration Act (FARA) and is deeply involved in all aspects of FARA compliance and enforcement. She regularly interacts with the Department of Justice’s FARA Unit and advises clients on the design, implementation, and maintenance of sophisticated FARA compliance programs, including internal policies, tailored training programs, and registration and reporting obligations. She also represents clients in high-profile civil and criminal FARA enforcement matters, including internal investigations, retroactive registrations, and disputes with the government. Alexandra also regularly advises on compliance with the federal Lobbying Disclosure Act (LDA) and related reporting regimes, including the complex interplay between the LDA and FARA.
Her experience also includes advising current and former government officials in connection with federal investigations and related litigation, drawing on a detailed understanding of investigative processes and the unique sensitivities presented by matters involving senior public service roles.
Senate Passes Two FARA-Related Bills
On Thursday, the Senate passed two bills — The Lobbying Disclosure Improvement Act (S. 264) and Disclosing Foreign Influence in Lobbying Act (S. 289) — that attempt to increase disclosure of Foreign Agents Registration Act (“FARA”) activity through amendments to the Lobbying Disclosure Act (“LDA”). The…
Continue Reading Senate Passes Two FARA-Related BillsDOJ Releases New FARA Advisory Opinions Affecting Digital Media Platforms
May 31, 2023, Covington Alert
The Department of Justice (“DOJ”)’s FARA Unit released several new advisory opinions in recent weeks that interpret the Foreign Agents Registration Act (“FARA”) and its regulations. While the newly published opinions addressed a number of topics, the FARA Unit’s broad reading of the FARA triggers…
Continue Reading DOJ Releases New FARA Advisory Opinions Affecting Digital Media PlatformsInflation Hits the FEC: Contribution Limits for 2023-2024 Raised in the Largest Periodic Increase Ever
The Federal Election Commission has announced contribution limits for 2023-2024. The new “per election” limits are effective for the 2023-2024 election cycle (November 9, 2022 – November 5, 2024), and the calendar year limits are effective January 1, 2023. The new limits represent the largest election cycle increase since the…
Continue Reading Inflation Hits the FEC: Contribution Limits for 2023-2024 Raised in the Largest Periodic Increase EverThe Foreign Agents Registration Act (FARA): A Guide for the Perplexed
*This guide was originally published in 2018 and we have updated it periodically.
January 31, 2023, Covington Guide
In 1938, Congress enacted the Foreign Agents Registration Act (“FARA”), requiring “foreign agents” to register with the Attorney General. As amended over the years, it applies broadly to anyone who acts on behalf of a “foreign principal” to, among other things, influence U.S. policy or public opinion. Until recently, it was a backwater of American law—and a very still backwater at that, with just seven prosecutions between 1966 and 2016.
That now has changed. Like the once obscure Foreign Corrupt Practices Act, which prosecutors revived from hibernation some years ago, FARA is receiving its close-up. Prosecutors have brought more FARA prosecutions in the last several years than they had pursued in the preceding half century. In-house lawyers have scrambled to bone up on this famously vague criminal statute, at a time when the nation’s tiny bar of experienced FARA lawyers can still hold its meetings in the back of a mini-van.
While cases related to Special Counsel Robert Mueller’s investigation are the most salient examples, the renewed focus on foreign agents actually began prior to the Mueller investigation and has continued long after the Special Counsel closed up shop. A significant uptick in audits of registered foreign agents by the FARA Unit (the Department of Justice office that administers FARA), followed by significant staffing changes in the FARA Unit, and then noticeably more aggressive interpretations of the statute in advisory opinions and informal advice from the FARA Unit, all have signaled a sea change.
Continue Reading The Foreign Agents Registration Act (FARA): A Guide for the PerplexedHouse Judiciary Committee Holds Hearing on Foreign Agents Registration Act Reform
The House Judiciary Committee Subcommittee on the Constitution, Civil Rights, and Civil Liberties held a hearing on Tuesday on potential reform of the Foreign Agents Registration Act (“FARA”), the first FARA hearing by the House Judiciary Committee in over 30 years.
FARA is an arcane statute that requires “agents of…
Continue Reading House Judiciary Committee Holds Hearing on Foreign Agents Registration Act Reform
DOJ Releases FARA Advisory Opinions that Scrutinize Nonprofit Activity
The Department of Justice’s FARA Unit released several new advisory opinions today interpreting the Foreign Agents Registration Act (“FARA”) and its regulations. While the newly published opinions addressed a number of topics, the FARA Unit’s scrutiny of the activity of nonprofits was a prominent and recurring theme.
Many nonprofits, think…
Continue Reading DOJ Releases FARA Advisory Opinions that Scrutinize Nonprofit Activity
New Changes to Foreign Agents Registration Act Forms and E-File System
Following the Department of Justice’s announcement in March of an initiative to increase enforcement of the Foreign Agents Registration Act (“FARA”), the Department has rolled out a new e-file system for FARA registrations. Notably, the new system only applies to new registrants, although the Department indicated that it will transition…
Continue Reading New Changes to Foreign Agents Registration Act Forms and E-File System