Enforcement of the Foreign Agents Registration Act by the Department of Justice is the most aggressive in decades.  But while criminal prosecutions garner the headlines, they account for only a small fraction of FARA enforcement.  Enforcement is predominantly administrative in nature, and it typically begins with a “Letter of Inquiry” (LOI).

DOJ’s Reliance on LOIs

The FARA Unit of DOJ’s National Security Division – which has responsibility for enforcing FARA – currently has limited investigative tools to determine whether a party should register.  Criminal investigative tools, such as grand jury subpoenas or search warrants, generally are employed only if there are indications that a violation of FARA (such as a failure to register with DOJ) was “willful.”  The FARA Unit does not possess administrative subpoena authority to compel testimony, responses to written interrogatories, or the production of documents.  DOJ does possess authority to bring federal civil injunctive actions to compel a recalcitrant party to register, but it has used that authority only twice since 1991.  Thus, DOJ is particularly dependent on LOIs as a fact-gathering mechanism.

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