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BLOG: DOJ Provides Guidance on "Scope of Agency" under FARA

June 11, 2020,

In an attempt to clarify the scope of the concept of “agency” in context of the Foreign Agents Registration Act (“FARA”), the Department of Justice’s FARA Unit posted guidance earlier this month.

In May, the FARA Unit posted an explainer on the scope of “agency” under FARA, stating a commitment to increase transparency around enforcement of the statute and explaining that because FARA regulates expressive activities, “it is important that the standards governing its application be clear.” Notably, courts have used the Restatements of Agency as a guide in assessing “agent” status, as well as examining practical indicia of “agent” status such as contract language, reporting lines, statements within work product, payment streams, statements in internal files, and internal descriptions in emails and other records.

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