The Foreign Agents Registration Act (FARA) was one of several legal authorities President Donald Trump directed the Department of Justice (DOJ) to rely upon in a September 25, 2025 Presidential Memorandum on Countering Domestic Terrorism and Organized Political Violence (the Presidential Memorandum). The reference to FARA is somewhat surprising, as it comes just months after Attorney General Pam Bondi indicated DOJ would deprioritize FARA enforcement.
This note provides an overview of FARA and recent enforcement trends as relevant for foundations and other nonprofits that may come under scrutiny following the Presidential Memorandum.
What Is FARA?
FARA requires individuals and organizations engaging in certain covered activities as “agents” of “foreign principals” to register with DOJ and to file public reports detailing the agent’s activities, unless the activities fit within one of FARA’s statutory exemptions.
Under FARA, an “agent of a foreign principal” is anyone who acts “at the order, request, or under the direction or control[] of” a “foreign principal,” which is broadly defined to include a foreign government, political party, individual or entity.
FARA covers a range of activities—in general, those intended to influence the US government or public on matters of US policy, or with respect to the political or public interests of a foreign government or political party. By statute, it also covers anyone who, within the United States, “solicits, collects, disburses, or dispenses contributions” on behalf of a foreign principal. FARA can thus sweep in those who provide political or public relations advice to foreign entities, including foreign companies, or who solicit or distribute funds or other things of value on their behalf.
Historically, FARA’s breadth has been moderated by the availability of various statutory exemptions. Importantly for nonprofit organizations, an exemption is provided for “[a]ny person engaging or agreeing to engage only in activities in furtherance of bona fide religious, scholastic, academic, or scientific pursuits or of the fine arts.” However, long-standing DOJ regulations deny the exemption to anyone engaged in “political activities.”
In addition, recent DOJ advisory opinions have indicated that nonprofit entities can benefit from FARA’s so-called “commercial exemption.” This exemption provides that persons or organizations engaging in “(1) private and nonpolitical activities in furtherance of the bona fide trade or commerce of such foreign principal; or (2) in other activities not serving predominantly a foreign interest” are not required to register. In general, the second category may not be available if the activities are deemed to promote the public or political interests of a foreign government or political party (rather than just the private interests or agenda of a foreign organization).
Thus, as a practical matter, whether an exemption is actually available is highly fact-specific.
Anyone who engages in covered activities and does not fit within one of FARA’s exemptions must register within 10 days of becoming a foreign agent. Registered agents must file reports on their activities every six months and submit copies of any materials disseminated on behalf of foreign principals within 48 hours of their transmission; such materials are also subject to strict labeling requirements. Although the registration and reporting processes are straightforward (both may be accomplished electronically via DOJ’s FARA website), the extent of FARA’s disclosure obligations—for example, requiring the disclosure of detailed financial information and a description of all “political activities,” including specific information concerning contacts with US government officials and US media representatives—may come as an unwelcome surprise to many.
Recent FARA Enforcement Highlights
When Congress enacted FARA in 1938, it did so to require the registration and disclosure of persons disseminating Nazi and communist propaganda in the United States—shining “the pitiless spotlight of publicity” on those activities. For decades, FARA was seen as a relatively obscure law that was rarely enforced; that changed in 2017, when DOJ charged Paul Manafort and Richard Gates for acting as unregistered agents of the Ukrainian government. Both of them pled guilty; Manafort was later pardoned by President Trump, in December 2020. Numerous other indictments and civil enforcement actions of varying success followed in subsequent years.
On January 2, 2025, DOJ issued a notice of proposed rulemaking (NPRM) outlining potential amendments to the FARA regulations. Among other changes, the NPRM proposed changes that could, if adopted, substantially limit the availability of the commercial exception. DOJ received comments on the NPRM through March 3, 2025, but the Trump Administration has provided no indication of whether it intends to proceed with any regulatory revisions.
The Trump Administration signaled earlier this year that it would deprioritize certain aspects of FARA enforcement. On February 5, 2025, Attorney General Bondi issued a memo stating that “criminal charges under [FARA] . . . shall be limited to instances of alleged conduct similar to more traditional espionage by foreign government actors” and that DOJ’s FARA Unit should instead “focus on civil enforcement, regulatory initiatives, and public guidance.”
Then, on September 25, 2025, President Trump specifically referenced FARA in the Presidential Memorandum, in which he directed the National Joint Terrorism Task Force to investigate “non-governmental organizations and American citizens residing abroad or with close ties to foreign governments, agents, citizens, foundations, or influence networks engaged in violations of the Foreign Agents Registration Act (22 U.S.C. 611 et seq.) or money laundering by funding, creating, or supporting entities that engage in activities that support or encourage domestic terrorism.”
What Does This Mean for Foundations and Other Nonprofits?
The reference to FARA in the Presidential Memorandum indicates a potential focus on nonprofit organizations with foreign ties. This could include organizations that receive funding from foreign sources (e.g., organizations located outside of the United States or non-US citizens), organizations that have operations overseas, organizations that interact with foreign governments, or organizations that engage in US advocacy perceived to serve foreign interests. One relevant area of risk for nonprofits is engagement in US advocacy where the activity is funded in whole or in major part by foreign donors. Nonprofits should track the presence and use of such funding to ensure that they can address this area of risk.
That said, recent DOJ advisory opinions from late 2024 through mid-2025 indicate that nonprofits may be able to benefit from FARA’s “commercial exemption,” provided their “activities [do] not serv[e] predominantly a foreign interest.” As noted, this analysis is highly fact-specific.
For example, a June 9, 2025 advisory opinion concluded that a nonprofit could benefit from the “commercial exception” even though it was controlled by a foreign entity, for two reasons. First, its activities “directly advance[d]” the US nonprofit’s objectives, which were “focus[ed] entirely on addressing conduct and harms in the United States.” Second, its “political activities [were] not directed by a foreign government or foreign political party and [did] not directly promote the public or political interests of a foreign government or foreign political party.”
However, an advisory opinion from October 16, 2024, concluded that the “commercial exemption” did not apply to a US nonprofit that planned to co-host an event in a foreign country with a foreign nonprofit organization. As part of the event, the US nonprofit would pay travel and other expenses for American attendees, including “policymakers,” which DOJ concluded would constitute “political activities” under FARA. DOJ stated that the “commercial exemption” would not apply because the conference would “directly advance [the foreign nonprofit’s] interests and provide a platform for foreign political speakers to espouse their views.”
In sum, whether a nonprofit can qualify for one of the FARA exemptions depends on a fact-specific analysis. The stakes can be high, as FARA is a criminal statute. Willful violations are punishable by fines of up to $10,000 and up to five years’ imprisonment. Although FARA does not itself contain a mechanism for civil fines, providing only for DOJ to seek injunctive relief against noncompliant parties, the department has on occasion looked to other sources of authority to recover funds even in the absence of any criminal conduct. FARA thus represents one of several mechanisms available for criminal and civil investigations of the nonprofit sector.
WilmerHale has extensive experience helping foundations and other nonprofits navigate complex government enforcement issues. Our team regularly advises on compliance strategies and responds to inquiries across a range of regulatory regimes, including FARA. WilmerHale offers practical guidance on registration, exemption analyses and enforcement risks—drawing on deep knowledge of and experience with FARA and related laws. Organizations with foreign ties, or that engage in advocacy or public relations activities on matters affecting foreign interests, would be well advised to seek guidance from experienced FARA counsel.
