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FARA 5th National Forum on
Key Updates from: Heather Hunt Senior Counsel for FARA Administration U.S. Department of Justice Jennifer Kennedy Gellie Acting Chief of the Counterintelligence and Export Control Section U.S. Department of Justice Evan Turgeon Chief of the FARA Unit U.S. Department of Justice
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Eun Young Choi Deputy Assistant Attorney General for National Security U.S. Department of Justice
December 1, 2023 | Gaylord National Resort & Convention Center, Washington, DC
Conference Co-Chairs:
The country’s only dedicated event on the finer points of FARA enforcement and compliance. New for 2023, the agenda will focus on the grey areas of key exemptions, recent advisory opinions and expansion of FARA enforcement, including: ç Who’s Calling Their Lawyer? The Expanding Range of “Non-Traditional” Clients for FARA Matters ç How Recent Cases and Advisory Opinions Are Affecting Legal Advice to Clients ç The Newest Uncertainty Around the Commercial Exemption: How to Apply the Exemption in the Wake of Recent Advisory Opinions ç Dissecting Key Advisory Opinions on “Political Consultants”: What Does (and Doesn’t) Cross the Line
Kate Belinski Partner Ballard Spahr LLP Brandon Van Grack Partner Morrison & Foerster LLP Former Chief, FARA Unit, U.S. Department of Justice
ç The LDA Exemption amid Heightened DOJ Scrutiny: A Narrowed Interpretation and Potential for Repeal? SUPPORTING SPONSORS:
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Pre-Conference Workshop with DOJ and Leading Practitioners–November 30th: A Complete Primer on FARA and the eFile System: Key Definitions, Requirements, and Compliance Program Components
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GOVERNMENT SPEAKERS:
CO-CHAIRS:
Heather Hunt Senior Counsel for FARA Administration U.S. Department of Justice
Evan Turgeon Chief of the FARA Unit U.S. Department of Justice
Kate Belinski Partner Ballard Spahr LLP
Jennifer Kennedy Gellie Acting Chief of the Counterintelligence and Export Control Section U.S. Department of Justice
Eun Young Choi Deputy Assistant Attorney General for National Security U.S. Department of Justice
Brandon Van Grack Partner Morrison & Foerster LLP Former Chief, FARA Unit, U.S. Department of Justice
DISTINGUISHED FACULTY: Tessa Capeloto Partner Wiley Rein LLP
Adam Hickey Partner Mayer Brown LLP
Rob Kelner Partner Covington & Burling LLP
Barak Cohen Partner Perkins Coie LLP
Ki Hong Partner Skadden, Arps, Slate, Meagher & Flom LLP
Meredith McCoy Partner Venable LLP
Deborah Curtis Partner Arnold & Porter Kaye Scholer LLP Leonardo Dosoretz Deputy General Counsel Mercury Public Affairs
Jeffrey Hunter Partner Kelley Drye & Warren LLP Amy Jeffress Partner Arnold & Porter Kaye Scholer LLP
William Minor Partner DLA Piper LLP, USA Dan Pickard Shareholder Buchanan Ingersoll & Rooney PC
Josh Rosenstein Partner Sandler, Reiff, Lamb, Rosenstein & Birkenstock P.C. Matthew Sanderson Member Caplin & Drysdale Brian Smith Partner Covington & Burling LLP Brian Svoboda Partner Perkins Coie LLP
Craig Engle Partner ArentFox Schiff LLP
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PRE-CONFERENCE WORKSHOP November 30, 2023 1:30 pm–5:00 pm (Registration opens at 1:00 p.m.) A Complete Primer on FARA and the eFile System: Essential Takeaways on Key Definitions, Requirements, and Compliance Program Components Laying the groundwork for the main conference, join this workshop that will bring you up-to-speed and set the stage for the specific, complex discussions that will follow. The workshop leaders will provide an essential overview of FARA requirements, the FARA eFile Systems and the core building blocks of FARA enforcement and compliance-and benefit from additional CLE credit and speaker-prepared reference materials. Topics will include: • Defining "foreign agent" and "foreign principal" under FARA
• Common misconceptions about FARA registration: When it is (and isn't) required No de minimis threshold
• What can trigger the need to register for:
• What is meant by "at the order, request, or under the direction or control" of, a foreign principal"
» Lobbying and public relations firms » Agents and their employers » Lawyers and law firms » Consulting firms » Non-profit groups » Universities and think tanks
• Assessing the nature and scope of activities by an "agent"
» Media
• Overview of FARA Exemptions and DOJ Interpretations of:
» Trade associations
» The Commercial Exemption
» U.S. subsidiaries of foreign companies
» LDA Exemption
» Common pitfalls associated with using the filing process » How much information is required to be submitted » How to streamline the filing system
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Tessa Capeloto Partner Wiley Rein LLP Meredith McCoy Partner Venable LLP
• Defining "political activities" and acting as a "publicrelations counsel," "publicity agent," "information-service employee," or "political consultant” • Representing the interests of a foreign principal before an agency or official of the United States Government
• The do’s and don’ts of using the FARA eFile System and common missteps to avoid
Heather Hunt Senior Counsel for FARA Administration U.S. Department of Justice
» Lawyers' Exemption » Academic Exemption • The anatomy of a DOJ audit of a registered foreign agent • What is required by the DOJ for disclosure reports and copies of "informational materials"
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MAIN CONFERENCE December 1, 2023 7:30
Registration Opens
8:30 Opening Remarks from the Co-Chairs Kate Belinski Partner Ballard Spahr LLP
Microphone-alt
8:45 Keynote Address
9:15
Brandon Van Grack Partner Morrison & Foerster LLP Former Chief, FARA Unit, U.S. Department of Justice
Eun Young Choi Deputy Assistant Attorney General for National Security U.S. Department of Justice
THE EXPANDING SCOPE OF FARA ENFORCEMENT
FARA Defense Counsel Peel Back the Curtain on New Civil and Criminal Enforcement Areas — and Weigh In on Recent Cases and Their Outcomes • Lessons from the most significant FARA cases of the year • Perspectives on the reasons behind the outcomes of high profile cases • Trends revealed by recent FARA prosecutions • Identifying sectors receiving increased scrutiny under FARA • Expanding civil and criminal enforcement areas
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Barak Cohen Partner Perkins Coie LLP Amy Jeffress Partner Arnold & Porter Kaye Scholer LLP
Moderator: Rob Kelner Partner Covington & Burling LLP
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10:15
Networking Break Sponsored by:
10:30 FARA Legislative & Regulatory Updates and Q&A Jennifer Kennedy Gellie Acting Chief of the Counterintelligence and Export Control Section U.S. Department of Justice
Moderator: Brian Svoboda Partner Perkins Coie LLP
11:00 Who’s Calling Their Lawyer? The Expanding Range of “Non-Traditional” Clients for FARA Matters—and The Lesser-Known Takeaways During this interactive discussion, speakers will provide key insights on the expanding range of entities that have been caught up in the FARA crosshairs (and why) and the rationale for this trends, including with respect to:
Leonardo Dosoretz Deputy General Counsel Mercury Public Affairs
• Non-profits and NGOs
Jeffrey Hunter Partner Kelley Drye & Warren LLP
• Think Tanks • Universities • PR firms • Trade Associations and Chambers of Commerce
• Sports teams and leagues, and entertainment industry • Sovereign wealth funds • Digital and social media companies • Application of FARA to state legislative lobbying
Josh Rosenstein Partner Sandler, Reiff, Lamb, Rosenstein & Birkenstock P.C. Moderator: Matthew Sanderson Member Caplin & Drysdale
12:00 Networking Luncheon
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INTERPRETING ADVISORY OPINIONS, EXEMPTIONS—AND THE GREY AREAS 1:15 The LDA Exemption amid Heightened DOJ Scrutiny: A Narrowed Interpretation and Potential for Repeal? • The nuances of the latest DOJ advisory opinions • The future of the LDA Exemption following DOJ’s remarks in December of last year • Interpreting “Principal Beneficiary” • What can now trigger FARA registration, letter of inquiry and further DOJ action • What is “directly promoting interests of foreign government” and “a predominant foreign interest” • Defining “within the United States": Is a physical presence on U.S. soil necessary?
Kate Belinski Partner Ballard Spahr LLP Craig Engle Partner ArentFox Schiff LLP
• Heightened reporting requirements for LDA registrants: Is even greater scrutiny on the horizon?
2:00 Dissecting Key Advisory Opinions on “Political Consultants”: Determining What Does (and Doesn’t) Cross the Line • Analyzing recent DOJ guidance
Deborah Curtis Partner Arnold & Porter Kaye Scholer LLP
• The impact of key advisory opinions • The enduring grey areas and how to navigate them • Upgrading your KYC protocols • Establishing systems to track compliance with disclosure obligations and books and records requirements
2:30
Brian Smith Partner Covington & Burling LLP
Networking Break Sponsored by:
2:45 Fireside Chat Evan Turgeon Chief of the FARA Unit U.S. Department of Justice
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Moderator: Brandon Van Grack Partner Morrison & Foerster LLP Former Chief, FARA Unit, U.S. Department of Justice
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3:15 Navigating the Uncertainty Around the Commercial Exemption: How Practitioners are Applying the Exemption in the Wake of Recent Advisory Opinions • Analyzing recent advisory opinions and their practical implications • New lessons for determining when an activity “directly promotes” the public or political interests of a foreign government or political party? • Recent investment and other activities that have unexpectedly come under FARA scrutiny • How far you need to go when conducting due diligence • The limits on exemptions for foreign commercial entities owned by a foreign government
4:00
Adam Hickey Partner Mayer Brown LLP William Minor Partner DLA Piper LLP, USA
ADVISING YOUR CLIENTS AND THE SCOPE OF PRIVILEGE PROTECTION Interactive Discussions and Hypotheticals
The Impact of Recent Cases and Advisory Opinions on Practitioners’ Advice to Clients: Key Takeaways “Speakers and audience members will exchange insights on the changing FARA landscape and how to best advise clients in the wake of recent cases and advisory opinions. Speakers will walk the audience through a number of scenarios and how to handle them. Topics will include: • How have DOJ inquiries changed if at all? • Examples of resolving disagreements with the DOJ • How to move forward if your client has not registered (but should have)—amid the Retroactive Foreign Agents Registration Act
Ki Hong Partner Skadden, Arps, Slate, Meagher & Flom LLP Moderator: Dan Pickard Shareholder Buchanan Ingersoll & Rooney PC
• Assessing the odds of approval for a request not to register – then vs. now • Predictions for the future of FARA compliance and enforcement • DOJ vs. defense counsel positions on the scope of privilege » Recent positions of the FARA Unit » DOJ’s recent expansion of investigative inquires”
5:00
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Conference Concludes and Networking Reception
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Gaylord National Resort & Convention Center 201 Waterfront Street, National Harbor, MD, 20745-1135 Phone: 1-877-491-0468 To reserve your hotel accommodations, please CLICK HERE.
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How to Get To National Harbor
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LET'S TRAVEL!
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With conferences in the United States, Europe, Asia Pacific, and Latin America, the C5 Group of Companies: American Conference Institute, The Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world. Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at: SponsorInfo@AmericanConference.com
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At Arnold & Porter, we are client-driven and industry-focused. Our lawyers practice in over 40 areas across the litigation, regulatory and transactional spectrum to help clients stay ahead of the global market, anticipate opportunities, and address issues that impact the value of their businesses. Our global reach, experience, and knowledge allow us to work across geographic, cultural, technological, and ideological borders, to offer clients forward-looking solutions that resolve their U.S., international, and cross-border legal needs. Perkins Coie represents corporations, trade associations, political committees, lobbyists, public affairs firms, and tax-exempt organizations seeking to effectively engage in political activity. We advise clients on the full range of matters affecting their federal, state, and local political engagement and government relations strategies, including PAC management, corporate and executive political giving, lobbying registration and reporting, compliance with pay-to-play laws, and gifts and entertainment. We frequently advise major public affairs firms, law firms, and companies on complex issues related to the Foreign Agents Registration Act of 1938 and the Lobbying Disclosure Act of 1995. We work with companies, nonprofits, and public figures when their political activities draw controversy.
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CONTINUING LEGAL EDUCATION CREDITS
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Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation. ACI certifies this activity has been approved for CLE credit by the State Bar of California. ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board. ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request. Questions about CLE credits for your state? Visit our online CLE Help Center at www.americanconference.com/accreditation/cle/
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Curating Modern, Authoritative, Content for 40 Years Welcome to ACI Insights, a place where content and thought leaders unite to bring you original and new perspectives on emerging trends and ideas from leaders in the business community. For four decades, law, compliance, accounting, investigations and advisory firms have chosen ACI and C5 events to connect with key decision-makers and expand their global footprints. With our finger on the pulse of new, emerging trends and developments, we continue to bring you curated, modern content through our exciting new ACI Insights platform.
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Leveraging Ethical AI for Effective Compliance
Addressing the Jurisdictional Challenges of Compensation Clawbacks
Special Interview with the Founder of Women in Crypto
How to Handle a Cross-Border Anticorruption Investigation
The Role of Artificial Intelligence in Ephemeral Messaging
Special Interview with David Laufman
Building a Data-Driven Anticorruption Compliance Program
Prevailing Themes from the 39th International Conference on the FCPA
“Me? A Foreign Agent?”
Addressing Corruption Risk in the Renewable Energy Industry
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ABOUT US
C5 celebrates 40 years of excellence! We are thrilled to have provided exceptional conference experiences globally with our outstanding team, speakers, sponsors, partners, and attendees. To mark this milestone, we're launching a new logo which represents our commitment to innovation, growth, and excellence, represented by the five Cs of C5: Current, Connected, Customer-Centric, Conscientious, and Committed. Looking back on 40 years, we are grateful for our achievements—hosting global conferences, uniting industry leaders, and supporting business growth. However, we are not done yet! We are committed to pushing boundaries and creating impactful experiences and we're excited for the next 40 years of success.
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