Foreign Agents Registration Act Compliance

In the last few years, the Department of Justice (“DOJ”) has substantially intensified enforcement of the Foreign Agents Registration Act (“FARA” or “the Act”).   Letters of inquiry from DOJ’s FARA Registration Unit to potential registrants have increased in volume, and they now regularly contain more extensive, targeted requests for information and documents. DOJ has brought greater scrutiny to registrations under the Lobbying Disclosure Act to examine whether FARA registration, instead, is required. Criminal investigations of FARA-related violations have also increased, as exemplified by recent high-profile prosecutions. Given this heightened enforcement environment, companies and individuals engaged in activities potentially subject to FARA need an attorney who is knowledgeable about the statute, its implementing regulations, and DOJ’s enforcement policies and practices.

David H. Laufman is exceptionally qualified to help companies and individuals effect compliance with FARA and navigate the challenges of FARA-related administrative and criminal investigations. As Chief of DOJ’s Counterintelligence and Export Control Section from late 2014 to early 2018, Mr. Laufman closely oversaw DOJ’s administration of FARA and spearheaded the increased enforcement of the Act.  He therefore possesses unique expertise to advise parties on whether they have an obligation to register under FARA, help them to satisfy FARA’s post-registration disclosure requirements, assist in responding to administrative requests for information, and represent them in investigative matters.

Representative Matters

  • Counseled a consulting firm in assessing whether it had an obligation to register under FARA, and assisted in preparing its registration statement and related filings.
  • Advised a start-up U.S. company engaged in international business operations on compliance with FARA in addition to compliance with anti-bribery laws and U.S. economic sanctions laws.
  • Counseled a law firm on the applicability of FARA to a client engagement, and assisted in preparing its registration statement and related filings.
  • Counseled a strategic communications firm on the applicability of FARA to a potential client engagement.
  • Counseled a political consulting firm regarding the applicability of FARA to a potential engagement and the disclosure obligations of a registrant.

Related Teaching

  • Lecturer, The Foreign Agents Registration Act, National Advocacy Center, U.S. Department of Justice, Columbia, South Carolina (2015-2017)
  • Lecturer, The Foreign Agents Registration Act, multiple U.S. Attorneys’ Offices, U.S. Department of Justice (2015-2018)

Publications

Recent News

Dec
13
Russian Maria Butina Pleads Guilty in Case to Forge Kremlin Bond With U.S. Conservatives, Washington Post, December 13, 2018
Dec
11
“I Don’t Think He’d Be a Shrinking Violet:”  Will William Barr Stand Up to Trump?, Vanity Fair, December 11, 2018