The FARA Conference convened last Thursday, September 24th, in Washington, D.C., bringing together legal practitioners, scholars, and others who encounter the Foreign Agents Registration Act for a full day devoted to the statute.
Interest exceeded capacity. The event was oversubscribed, with registration closing several weeks before the conference date and more people seeking seats than the room could hold. That response says something about where FARA now sits: a statute once treated as a niche corner of political law has become a central concern for businesses, nonprofits, media organizations, and the lawyers who advise them.
The Program
The agenda moved through six sessions, each focused on a distinct area of FARA practice:
- FARA Enforcement Developments and Trends, a look at recent enforcement activity and where it appears to be heading.
- FARA for Media Outlets, Influencers, and Sports Teams, addressing how the statute applies to those who shape public opinion through newer and less traditional channels.
- The Current Status of the “Other Activities Exemption” at 613(d)(2), examining one of the statute’s most relied-upon and most debated exemptions.
- FARA for Multinational For-Profits, SOEs, and Sovereign Wealth Funds, covering the questions that arise for commercial actors with foreign government ownership or ties.
- FARA for Nonprofits, focused on the registration risks facing charitable, advocacy, and educational organizations.
- Contracting with Foreign Principals, a practical session on structuring and documenting engagements.
The day closed with a reception for attendees and speakers.
Hosts, Organizers, and Sponsors
The FARA Conference was hosted in partnership with the Center for Ethics and the Rule of Law at the University of Pennsylvania and Lawfare. It was sponsored by a coalition of law firms with active FARA practices:
- Akin
- Ballard Spahr LLP
- Caplin & Drysdale, Chartered
- Covington & Burling LLP
- Mayer Brown
- Morrison & Foerster LLP
- Sandler Reiff Lamb Rosenstein & Birkenstock
- Skadden, Arps, Slate, Meagher & Flom LLP
- Steptoe
Thanks are due to each of these organizations, to Morrison Foerster for providing the venue, and to the speakers who gave their time and expertise.
Looking Ahead
The turnout and the quality of the discussion made one thing clear: there is a real appetite for a dedicated, practitioner-level forum on FARA. We look forward to holding The FARA Conference again next year. Details will be posted at www.faraconference.com as they become available.
This article is designed to give general information on the developments covered, not to serve as legal advice related to specific situations or as a legal opinion. Counsel should be consulted for legal advice.
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