May 24, 2023

Justice Department Advisory Opinion finding that a U.S. nonprofit does not have to register under FARA for sending retired U.S. military officers to lecture foreign government officials in another country; sending 40 Americans to train first responders in the country; or lobbying Congress to enhance this country’s security posture.

The U.S. nonprofit is engaging in these activities on its “own initiative”, and not at the request of a foreign government or foreign principal. As such, no agency relationship is created between the U.S. nonprofit and the foreign government.

June 12, 2023

Justice Department Advisory Opinion finding that a U.S. nonprofit that delivers foreign language courses had to register under FARA for proposed activities on behalf of a foreign association funded by a foreign government.

The U.S. nonprofit would enter into a contract with the foreign association to provide funding for cultural center projects. The advisory opinion finds that the requirements in the contract, including that historical topics are linked to current issues, constitutes “political activities” under FARA. As such, while the U.S. nonprofit claims its activities are subject to the Section 613(e) exemption for activities “in furtherance of the bona fide religious, scholastic, academic, or scientific pursuits or of the fine arts”, the advisory opinion finds they do not qualify because they are “political activities”.

July 6, 2023

Justice Department Advisory Opinion finding that a consulting firm does not have to register under FARA for its work with an international humanitarian agency, which is funded by foreign governments from around the world.

The consulting firm plans to engage with members of Congress to increase their awareness of the agency’s work and to increase U.S. government funding of the agency. The international humanitarian agency is a foreign principal under the Act and the consulting firm would be acting as their agent to influence U.S. government policy. The consulting firm though is exempt from registering because its activities fall under Section 613(d)(2) of “[a]ny person engaging or agreeing to engage only . . . in other activities not serving predominantly a foreign interest.” The advisory opinion finds that “Because [consulting firm]’s activities on behalf of the [international humanitarian agency] are neither directed by a foreign government or foreign political party nor intended to promote the interests of either” they fall under the exemption. The advisory opinion further finds that the consulting firm does not meet the requirements of 613(d)(3)’s exemption for soliciting funds for medical aid or food or clothing because its work also includes broader advocacy on behalf of the humanitarian agency. 

July 7, 2023

Justice Department Advisory Opinion finding that a U.S. entity does not have to register under FARA for work on behalf of a foreign nonprofit that acts as a voice for interfaith relations with other religions.

The U.S. entity’s activities for the foreign nonprofit, including helping set up and publicize a U.S. event for foreign dignitaries and religious figures on “the role of faith in bridging social divides”, would qualify it as a “publicity agent” and “information-service employee” under FARA. However, the U.S. entity’s activity qualifies for the religious exemption under 613(e) because according to the advisory opinion the foreign nonprofit is a religious organization that does not advocate policy positions or endorse candidates and the U.S. entity’s activities will consist of providing logistical support for events. 

September 29, 2023

Justice Department Advisory Opinion finding that a nonprofit must register under FARA if it receives funding from an agency of a foreign government for a proposed initiative in the United States.

The initiative would provide a criminal defense program to nationals of the foreign country in the United States and train the foreign government’s consular officials on legal processes. The initiative will also include a community outreach component in the United States. The opinion finds that if the nonprofit pursued this initiative it would engage in “political activities” under FARA in its criminal defense program and its outreach activities would constitute “public relations counsel” under FARA. Further, its training of consular officials of law would constitute being a “political consultant” under FARA and if the nonprofit received funding from the foreign government and disbursed those funds it would also be “collecting, disbursing, and dispensing” in the interests of a foreign country, which is a registrable activity under FARA.

December 19, 2023

Justice Department Advisory Opinion requiring that the U.S. chapter of a foreign political party register under FARA.

The U.S. chapter would be operating under “the authority” of the foreign political party and would be engaging in “political activities”, as a “public relations counsel”, as an “information service employee”, and would solicit or collect donations in the United States (all registrable activities under FARA). 

 December 21, 2023

Justice Department Advisory Opinion finding that a U.S. nonprofit working on atrocity crimes would have to register under FARA for proposed engagements with a foreign government office.

An employee of the foreign government office and the U.S. nonprofit had discussed multiple areas where the U.S. nonprofit could provide support, including providing the foreign government with information about violators, conducting research to better understand the impact of sanctions, and other informational packages. The U.S. nonprofit would also conduct trainings in the foreign country for police, prosecutors, and national judges. The parties have contemplated a Memorandum of Understanding where the U.S. nonprofit would retain discretion about what information, if any, it would provide the foreign government and the foreign government would not pay any money to the U.S. nonprofit. The U.S. nonprofit would also provide information to the State Department and Treasury Department about what entities may be subject to sanctions, based entirely on information that the U.S. nonprofit decides to provide. The advisory opinion finds that the U.S. nonprofit’s submissions to the U.S. government is registrable content even though the U.S. nonprofit says it would not be directed or controlled by the foreign government. The advisory opinion claims there is an agency relationship with the foreign government because in discussions the U.S. nonprofit agreed to train officials and provide information, and so “has agreed to act under the control of the [foreign] entities.” The advisory opinion finds it is “irrelevant” that the foreign government is not directing the U.S. nonprofit’s submission to the U.S. government “because under the plain language of the statute, once an agency relationship is established, there is no requirement that the registrable content be specifically directed by the foreign principal.” In this case, the U.S. nonprofit would likely report the same conduct to the foreign government and U.S. government and “these political activities would clearly benefit its foreign principals.”

October 24, 2021

Justice Department Advisory Opinion finding that a U.S. diaspora group had to register as a foreign agent if it acted at the request of a foreign political party to “distribute materials, merchandise or information” or conduct fundraising activities for the foreign political party.

October 15, 2021

Justice Department Advisory Opinion finding that a U.S. nonprofit peace and conflict advisory organization needed to register for receiving a grant from a foreign government to work on a project to build the capacity of civil society and women members of a political faction in a foreign country.

While most of the work would be abroad, the funding agreement allotted resources for travel for members of the foreign political faction to the U.S. to foster a “[g]reater public profile” of those members. The Justice Department found this would be “political activities” under FARA. Despite the organization’s claim that the grant was “no strings attached”, the Justice Department found an agency relationship was created under FARA because the funding agreement is predicated on the organization undertaking and fulfilling the objectives filled out in the funding agreement, including through submitting a final narrative report.

October 8, 2021

Justice Department Advisory Opinion finding that an independent non-profit global charity that engaged in exchange programs had to register that was originally founded by a foreign government to increase global goodwill towards the country.

The Justice Department found that many of the activities the organization engages in could fall under FARA’s exemption for activities “in furtherance of bona fide religious, scholastic, academic or scientific pursuits or of the fine arts.” However, these activities could also be considered “political activities” under the Act because they either attempted to influence U.S. public opinion on changing domestic or foreign policy or to influence U.S. public opinion with reference to relations with a foreign government. As such, they are not exempted. 

July 19, 2021

Justice Department Advisory Opinion that draws on FARA’s legislative history to find that a “political consultant” would only be required to register if they are engaged in “political activities”, substantially narrowing the definition of “political consultant” under FARA.

July 7, 2021

Justice Department Advisory Opinion that finds a group does not need to register under FARA that works with individuals both in the U.S. and overseas to oppose and eventually replace a foreign government because the group does not undertake activities “at the order, request, or under the direction or control” of any foreign principal.

January 5, 2021

Justice Department Advisory Opinion that replaces and clarifies an earlier advisory opinion, dated December 31, 2019, that found that a legal department of a US organization had to register under FARA for representing a foreign government.

Like the older advisory opinion, the new opinion notes that the legal exemption in section 613(g) of FARA does not cover all of the legal department’s planned activities, including providing “factual responses to media inquiries about the litigation”, issuing “press releases containing facts regarding the litigation”, and engaging in “press conferences” regarding their representation of their client. The new advisory opinion further directs the registrant to a new FAQ entry on the Justice Department’s website that makes clear the legal exemption “may include an attorney’s activities outside [legal] proceedings so long as those activities do not go beyond the bounds of normal legal representation of a client within the scope of that matter.” This opinion has potential implications for nonprofits that represent foreign clients in US courts.

November 19, 2019

Justice Department Advisory Opinion requiring US foundation to register under FARA for preparing banners with the names of foreign foundations that would be carried at an event in the US.

The opinion also discusses whether the US foundation needed to register for arranging attendance of foreigners at social events in the US and posting content on its website about the foreigners’ visit, as well as the limitations of the religious exemption. 

October 17, 2019

Justice Department Advisory Opinion that found that a US policy advisory group did not have to register for work for an international not-for-profit organization headquartered abroad because it fell under the Lobbying Disclosure Act (LDA) exemption of FARA.

The work included gathering political intelligence and identifying policymakers. The international organization was not connected with any foreign government. The public relations firm was already registered under the LDA for its work with the international not-for-profit organization.

 August 6, 2019

Justice Department Advisory Opinion that found a consultant did need to register for working for a foreign foundation.

The consultant did not engage in lobbying for the foreign foundation but did engage in outreach for the foundation to institutions and individuals in the United States to engage on issues of economic development, democracy, and good governance.

July 10, 2019

Justice Department Advisory Opinion requiring a public relations firm to register under FARA because it engages in advocacy work for US nonprofits that are funded by a foreign government and directed at influencing US corporations’ behavior abroad.

May 9, 2019

Justice Department Advisory Opinion that found a consulting firm did not have to register for work for a foreign nonprofit organization to support the candidacy of an individual to a UN position.

None of the outreach was to US government officials or the US public.

April 4, 2019

Justice Department Advisory Opinion that found a US organization dedicated to furthering the interests of a diaspora community needed to register.

The organization engaged in political activities, and although it was not directed or controlled by a foreign government, it received 30-50% of its funding from the government from which the diaspora community emigrated. 

September 18, 2018

John Bowden, DOJ orders two Chinese state-run media organizations to register as foreign agents, The Hill.

February 13, 2018

Justice Department Advisory Opinion that found a US organization did not have to register that was engaged in a dialogue between the US government and a foreign government to seek the release of an incarcerated individual by the foreign government.

The advocacy was “humanitarian in nature” and there was no agency relationship with a foreign principal.

August 17, 2017

Letter from Justice Department to RT TV America requesting that they register under FARA.