6th National Forum on
FARA FOREIGN AGENTS REGISTRATION ACT
December 6, 2024 | Gaylord National Resort & Convention Center, Washington, DC
The country’s only dedicated event on the finer points of FARA enforcement and compliance
Key Highlights for 2024:
ɋ Post-Election Outlook and the Path Forward: How the election outcome will affect FARA enforcement
ɋ The Nuances of Notable Cases and Advisory Opinions: The broader implications of recent high-profile cases
ɋ Non-Profits and FARA: New, intensifying risks for non-profit entities
ɋ Legislative and More Updates: Unpacking federal and state-level initiatives
ɋ The Scope of the LDA and Commercial Exemptions: What does (and doesn't) cross the line
Hear from Enforcement Officials, Including: Eun Young Choi
Deputy Assistant Attorney General
National Security Division
U.S. Department of Justice
Evan N. Turgeon Chief, Foreign Agents Registration Act (FARA) Unit
Counterintelligence and Export Control Section
National Security Division
U.S. Department of Justice
Heather H. Hunt
Senior Counsel for FARA Administration FARA Unit
Counterintelligence and Export Control Section
National Security Division
U.S. Department of Justice
Pre-Conference Workshop with the DOJ and Leading Outside Counsel –December 5th:
A Complete Primer on FARA and the eFile System: Essential Takeaways on Key Definitions, Requirements and Compliance Program Components
DISTINGUISHED FACULTY
GOVERNMENT SPEAKERS:
Ewura Esi Arthur
Section Chief
Federal Bureau of Investigation (FBI)
Eun Young Choi
Deputy Assistant Attorney General
National Security Division
U.S. Department of Justice
CO-CHAIRS:
Amy Jeffress
Partner
Arnold & Porter LLP
Daniel B. Pickard Shareholder
Buchanan Ingersoll & Rooney PC
SPEAKERS:
Nicole Carelli
Senior Vice President and Public Policy Advisor, The Daschle Group | Of Counsel, Baker Donelson
Nicholas J. Lewin
Attorney
Krieger Lewin LLP
Zachary G. Parks
Partner
Covington & Burling LLP
Jennifer Kennedy Gellie
Executive Deputy Chief performing the duties of Chief
Counterintelligence and Export Control Section
National Security Division U.S. Department of Justice
Ian C. Richardson Chief Counsel for Corporate Enforcement U.S. Department of Justice
Evan N. Turgeon
Chief, Foreign Agents Registration Act (FARA) Unit
Counterintelligence and Export Control Section
National Security Division U.S. Department of Justice
Matthew Sanderson Member Caplin & Drysdale
Brandon L. Van Grack Partner
Morrison & Foerster LLP
Former Chief, FARA Unit U.S. Department of Justice
Meredith McCoy Partner Venable LLP
Murad Hussain Partner
Arnold & Porter LLP
Ki P. Hong Partner
Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
Kate Belinski Partner
Ballard Spahr LLP
Jeffrey J. Hunter Partner
Kelley Drye & Warren LLP
William Minor Partner
DLA Piper LLP (US)
Steve Roberts Partner
Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Keisha N. Stanford Partner
Jenner & Block LLP
Heather H. Hunt
Senior Counsel for FARA Administration
FARA Unit
Counterintelligence and Export Control Section
National Security Division
U.S. Department of Justice
Thomas J. Spulak Partner
King & Spalding LLP
Josh Rosenstein
Member
Sandler Reiff Lamb Rosenstein & Birkenstock, P.C
Barak Cohen Partner
Perkins Coie LLP
Deborah A. Curtis Partner
Arnold & Porter LLP
Former Deputy General Counsel for Litigation & Investigations, CIA
Brian Svoboda Partner
Perkins Coie
PRE-CONFERENCE WORKSHOP
December 5, 2024
1:30 pm–5:00 pm (Registration opens at 1:00 pm)
A Complete Primer on FARA and the eFile System: Essential Takeaways on Key Definitions, Requirements, and Compliance Program Components
Prepare for the main conference by participating in this workshop, designed to get you up to speed and set the foundation for the in-depth, complex discussions to follow.
The workshop leaders will provide an essential overview of FARA requirements, the FARA eFile System and the core building blocks of FARA enforcement and compliance. Plus, benefit from additional CLE credit and speaker-prepared reference materials.
Whether you are new to FARA or seeking a refresher, don’t miss this invaluable opportunity to delve into the foundation of FARA enforcement and compliance.
Topics will include:
• Defining "foreign agent" and "foreign principal" under FARA
• What can trigger the need to register for:
» Lobbying and public relations firms
» Agents and their employers
» Lawyers and law firms
» Consulting firms
» Non-profit groups
» Universities and think tanks
» Media
» Trade associations
» U.S. subsidiaries of foreign companies
• The do’s and don’ts of using the FARA eFile System and common missteps to avoid
» common pitfalls associated with using the filing process
» how much information is required to be submitted
» how to streamline the filing system
Heather H. Hunt
Senior Counsel for FARA Administration
FARA Unit
Counterintelligence and Export Control Section
National Security Division
U.S. Department of Justice
Keisha N. Stanford Partner
Jenner & Block LLP
• Common misconceptions about FARA registration: When it is (and isn't) required
• What is meant by "at the order, request, or under the direction or control" of, a foreign principal"
• Defining "political activities" and acting as a "public-relations 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
• Assessing the nature and scope of activities by an "agent"
• Overview of FARA Exemptions and DOJ Interpretations of:
» The Commercial Exemption
» LDA Exemption
» 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"
MAIN
• Exploring how FARA enforcement might shift in response to the election
• To what extent will the new Administration prioritize FARA enforcement?
• Looking back and looking ahead: What past trends and lessons reveal for the path forward
Nicholas J. Lewin Attorney
Krieger Lewin LLP
Zachary G. Parks Partner
Covington & Burling LLP
10:00 Part II: Steve Wynn, Linda Sun, Robert Menendez and More Cases — and The Broader Implications for FARA Enforcement and Compliance
In this comprehensive panel session, we will delve into the recent DC Circuit decision in Attorney General of the United States v. Wynn. This landmark ruling has significant implications for legal practitioners and clients engaged in activities that may fall under FARA's purview. During this session, the speakers will also discuss additional cases that are especially significant.
• Overview of the DC Circuit decision in the Steve Wynn case and the lesser-known nuances
• Exploring the broader impact this decision could have on similar cases and how it may influence future interpretations and enforcement of FARA exemptions
• Discussing the indictment of former government officials Linda Sun and Sue Mi Terry, charged with FARA violations
• Practical advice and strategic recommendations for clients in light of the Steve Wynn decision
King & Spalding LLP
• The aftermath of on other key cases such as United States v. Elliott Broidy, United States v. Lev Parnas and Igor Fruman and United States v. Michael Flynn
Evan N. Turgeon
Chief, Foreign Agents Registration Act Unit
Counterintelligence and Export Control Section
National Security Division
U.S. Department of Justice
Morrison & Foerster LLP
Former Chief, FARA Unit
U.S. Department of Justice
This session will focus on recent enforcement priorities, existing ambiguities, and the unique compliance challenges faced by non-profits engaged in both exempt and non-exempt activities.
• Impact of FARA on Non-Profits, with a focus on recent enforcement actions and the current priorities of the DOJ
• Insights into the specific compliance challenges faced by non-profits engaged in both exempt and non-exempt activities
• Understanding ambiguities in existing FARA regulations as they pertain to non-profits
• Special considerations for non-profits’ compliance programs vs. other entities
11:15 Fireside Chat with the FARA Unit Chief
Moderator: Brandon L. Van Grack Partner
11:45 The Rise of Non-Profits in the FARA Context: Navigating the Ambiguities and Evolving Range of Entities Caught in the FARA Crosshairs
Meredith McCoy Partner Venable LLP
Murad Hussain Partner Arnold
Ewura Esi Arthur Section Chief Federal Bureau of Investigation (FBI)
• A deep understanding of the latest DOJ advisory opinions on the application of the LDA exemption
• Exploring the possibility of the LDA exemption being narrowed or repealed, and the resulting impact on lobbying compliance requirements
• Understanding the interpretation of "Principal Beneficiary" and its significance in determining FARA registration
• Identifying actions that can now trigger FARA registration, letters of inquiry, and further DOJ actions
• When a physical presence on U.S. soil is/isn’t necessary for activities to fall within the scope of the exemptions
Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
This session will analyze recent and anticipated legislative initiatives and what they signal for FARA and state-level requirements moving forward.
• An overview of various state-level efforts to introduce FARA-like laws, highlighting the motivations behind these legislative moves and the potential enforcement risks
• Insight into the specific provisions and objectives of the Georgia bill as a case study
• The practical implications of state-level initiatives for businesses, lobbyists, and legal practitioners
• New strategies for ensuring compliance with evolving state and federal regulations
Kate Belinski Partner
Ballard Spahr LLP
Steve Roberts
Partner
Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Nicole Carelli
Senior Vice President and Public Policy Advisor, The Daschle Group | Of Counsel, Baker Donelson
Ki P. Hong Partner
4:15 Fireside Chat
Jennifer Kennedy Gellie
Executive Deputy Chief performing the duties of Chief Counterintelligence and Export Control Section
National Security Division
U.S. Department of Justice
Ian
C. Richardson Chief Counsel for Corporate Enforcement U.S. Department of Justice
GUIDING YOUR CLIENTS THROUGH FARA COMPLEXITIES
4:45 The Impact of Recent Cases and Advisory Opinions on Advising Clients
Join our panel of experts for an engaging discussion on the evolving FARA landscape and how it has affected approaches to advising clients. Through a series of real-world, hypothetical scenarios, the speakers will take the audience through the complexities and grey areas — and how they would address them.
Audience members will be invited to share their thoughts on hot button, sensitive issues to be covered during this spirited panel.
Hypothetical scenarios will cover key issues, including:
• Advising a “non-traditional” entity in the wake of recent cases
• Entities engaged in exempt and non-exempt activities
• Commercial and LDA Exemption dilemmas
5:45 Conference Concludes
Networking Reception
Jeffrey J. Hunter Partner
Kelley Drye & Warren LLP
William Minor Partner
DLA Piper LLP (US)
Deborah A. Curtis Partner
Arnold & Porter LLP
Former Deputy General Counsel for Litigation & Investigations, CIA
Brian Svoboda Partner
Perkins Coie
With conferences in the United States, Canada, Latin America and Europe, 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
MEDIA PARTNER
CONTINUING LEGAL EDUCATION CREDITS
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/
UPCOMING EVENTS
November 6–7, 2024 | London November 13–14, 2024 | Arlington, VA
December 4–5, 2024 | Washington, DC
February 25–26, 2025 | Washington, DC
December 4–5, 2024 | New York
April 24–25, 2025 | Arlington, VA
January 29–30, 2025 | Arlington, VA
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