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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    International

Date & Time
  • event Date

    Wednesday, May 14, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will examine the current Foreign Agents Registration Act (FARA) landscape, including possible changes under the new administration. After an initial overview of key provisions and compliance considerations under FARA, the expert panel will explore notable recent enforcement actions as well as the U.S. Department of Justice's (DOJ) proposed rulemaking and new guidance to assess what to expect in 2025 and beyond under FARA. The panel will also offer best practices for mitigating risk of enforcement action.

Faculty

Tessa Capeloto
Partner
Wiley Rein LLP

Ms. Capeloto represents clients in a variety of international trade matters, including antidumping and countervailing duty proceedings, anti-money laundering, and compliance matters. She routinely counsels clients on the Foreign Agents Registration Act (FARA). Ms. Capeloto co-authored the firm’s FARA Issues Handbook and routinely advises clients on registration obligations and requirements under FARA.

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Mark B. Sweet
Partner
Wiley Rein LLP

Mr. Sweet is an investigations and trial attorney with 20 years of experience. He has a deep knowledge of the False Claims Act (FCA) and routinely represents clients responding to Civil Investigative Demands (CIDs) and facing fraud investigations and whistleblower complaints. Mr. Sweet has successfully navigated clients through high-stakes, high-profile investigations by the U.S. Department of Justice (DOJ), federal Inspectors General (IGs), Congress, and other law enforcement agencies. He also serves as lead trial counsel on complex commercial litigation involving government contracts, copyright and trade secrets, environmental issues, health care, federal grants, and other issues.

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Description

The past year has seen no slowdown in DOJ's focus on the robust administration and enforcement of the Foreign Agents Registration Act (FARA) which requires that anyone acting as an "agent of a foreign principal," as defined by the statute, register with DOJ unless an exemption applies.

On Jan. 2, 2025, DOJ published its highly anticipated proposed changes to FARA's implementing regulations, including significant changes to the registration exemptions under FARA. Shortly thereafter, Attorney General Bondi published guidance related to criminal enforcement priorities under FARA.

Moreover, recent enforcement activity and increased congressional attention on foreign influence in certain sectors, such as on college campuses and within U.S. trade associations, reinforce the importance of understanding the FARA legal triggers and having a robust compliance program in place.

Listen as our expert panel provides a FARA update on these and other key developments. The panel will examine lessons learned from notable 2024 enforcement actions and what we may expect under the new administration. The panel will also offer best practices for FARA compliance.

Outline

  1. Introduction to FARA
    1. Background
    2. FARA triggers
    3. Exemptions
    4. FARA registration requirements
  2. Recent developments in civil and criminal enforcement
    1. Wynn and retroactive registrations
    2. DOJ letters of inquiry
    3. Increased scrutiny of LDA registrations
    4. Sun, Menendez, and other notable enforcement actions
  3. State legislative initiatives
  4. Congressional efforts
    1. Inquiries
    2. Legislative proposals
  5. What’s next?
    1. Proposed DOJ rulemaking
    2. AG Bondi memo on enforcement priorities
  6. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • What are key FARA regulatory changes recommended by DOJ in its recently published proposed rule? How may AG Bondi's memo impact FARA compliance measures?
  • What lessons may be learned by counsel from key 2024 FARA enforcement actions?
  • What effect may the new administration have on FARA enforcement?