The State of FARA

Brandon Van Grack, Hayden Forrest, and Emilee Karr wrote an article entitled "The State of FARA" for Lawfare which discusses the increasing trend of state legislatures enacting laws analogous to the federal Foreign Agents Registration Act (FARA). The article highlights how these "baby FARA" statutes, recently adopted in states such as Arkansas, Louisiana, Nebraska, Oklahoma, and Texas, impose registration and disclosure requirements on agents acting on behalf of certain foreign adversaries, often with fewer exemptions and broader retroactive obligations than the federal statute. The authors note that these state laws reflect heightened concerns about foreign influence and may significantly increase compliance burdens for companies and nonprofits with foreign connections. The article concludes that these developments signal a growing willingness by states to assert authority in national security and foreign affairs, creating a complex regulatory landscape for affected organizations.

Read the full article.