The Foreign Agents Registration Act (FARA) has had some time in the sun recently, with DOJ winning (and losing) several recent high-profile criminal and civil trials. But beyond the headlines, FARA plays a critical—and often burdensome—role for many businesses that seek commercial opportunities in the United States on behalf of foreign clients.

Recently, DOJ has proposed modifications to FARA regulations pertaining to commercial ventures that, on the one hand, could greatly increase the scope of the statute’s reach, while, on the other, serve as a boon for those that deal in a multibillion dollar industry: foreign tourism. Although only time will tell whether DOJ’s proposal goes into effect, companies that act in the United States on behalf of foreign businesses or governments would be wise to proactively seek guidance to make sure they are well-positioned to take advantage (or cover) if the new regulations take hold.

Background of FARA’s Registration Requirements