Brian Fleming Co-Authors American Bar Association International Law Section Task Force Report on Potential FARA Reforms

"FARA: Issues and Recommendations for Reform"

American Bar Association International Law Section

09.29.2021

Brian Fleming contributed to the recently released report of the American Bar Association International Law Section Task Force on the Foreign Agents Registration Act (FARA). The Task Force report outlines recommendations for how best to fix a law for which they say reforms have "never been more essential or timely." The 60-page report was just released publicly and offers nearly two dozen recommendations for fixing the World War II-era statute. Some of the proposed fixes included making changes to or better defining key terminology, as well as recommending that Congress increase the stakes of failing to comply with FARA by requiring foreign principals to certify under penalty of perjury that documents filed with the Department of Justice (DOJ) are accurate, reformulating FARA's legal standard for media organizations, and "harmonizing" disclosure requirements under FARA with those of the Lobbying Disclosure Act.