DOJ Issues Unusual Public Warning on Foreign-Agent Liability
The Justice Department issued a rare public warning on civil and criminal liability under the Foreign Agents Registration Act, signaling a shift in enforcement toward public-facing activity and concealed foreign influence.
The Department of Justice has issued an unusual public warning concerning liability under the Foreign Agents Registration Act (FARA), signaling a potential shift in its enforcement posture. The Sept. 16 announcement reminded individuals and organizations of potential civil and criminal liability, specifically referencing public demonstrations and other advocacy undertaken for foreign interests. This development is notable because it appears to diverge from a February 2025 directive that had limited criminal FARA charges to conduct resembling traditional espionage. The warning puts a wide range of actors—including corporations, nonprofits, public-relations firms, and consultants—on notice that undisclosed foreign direction remains a key enforcement concern. Compounding the risk, the DOJ is now actively soliciting tips from the public regarding potential violations. Sophisticated counsel should advise clients with foreign relationships to reassess their public-facing activities and contemporaneously document their FARA analysis. All eyes are now on a long-pending FARA rulemaking, which may clarify key exemptions, and on future enforcement actions that will reveal the practical scope of this apparent policy shift.