In February 2025, U.S. Attorney General Pamela Bondi issued a wide-rangingformal Memorandumthat appeared to pause most FARA enforcement actions:
Shifting Resources in the National Security Division. To free resources to address more pressing priorities, and end risks of further weaponization and abuses of prosecutorial discretion, the Foreign Influence Task Force shall be disbanded. Recourse to criminal charges under the Foreign Agents Registration Act (FARA) and 18 U.S.C. § 951 shall be limited to instances of alleged conduct similar to more traditional espionage by foreign government actors. With respect to FARA and § 951, the Counterintelligence and Export Control Section, including the FARA Unit, shall focus on civil enforcement, regulatory initiatives, and public guidance.
Bondi's Memorandum notably stipulated that criminal charges could not be brought under FARA or its "sister statute" at 18 U.S.C. § 951 unless alleged conduct was "similar to more traditional espionage by foreign government actors." As we said at the time, Attorney General Bondi's directive on criminal charges were couched as a resource-preservation effort and as a constraint on the discretion of line prosecutors in this area, which still allowed the Trump Administration "a free hand to rescind the Memorandum in the future or to criminally charge any conduct that [it] decides is a willful violation of the statute."
Although the Bondi Memorandum has not yet been rescinded, an Executive Order on "Countering Domestic Terrorism and Organized Political Violence" issued today appears to have at least partially unpaused FARA enforcement. Among other things, the Order expressly directs a National Joint Terrorism Task Force to investigate "non-governmental organizations and American citizens residing abroad or with close ties to foreign governments, agents, citizens, foundations, or influence networks engaged in violations of the Foreign Agents Registration Act (22 U.S.C. 611 et seq.) or money laundering by funding, creating, or supporting entities that engage in activities that support or encourage domestic terrorism."
FARA is among several laws that are specifically referenced in the Executive Order. The Executive Order's effect on the Bondi Memorandum is not entirely clear as of now, but the regulated community should no longer consider FARA to be a low enforcement priority for the Trump Administration.
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.
