DOJ Updates Rules for Tracking Foreign Government Lobbyists
Published Date: 1/2/2025
Proposed Rule
Summary
The Department of Justice is updating the rules for people and groups who work for foreign interests in the U.S. These changes clarify who needs to register, update key definitions, and modernize the process to keep things clear and fair. If you’re affected, you can share your thoughts by March 3, 2025, and no new fees are mentioned yet.
Analyzed Economic Effects
8 provisions identified: 5 benefits, 3 costs, 0 mixed.
DOJ Keeps Broad 'Agency' Definition
The Department of Justice says it will not adopt the common-law test for "agency" and will keep a broader FARA agency standard that can include persons who act at the "request" or "direction" of a foreign principal. If you are unsure whether your activities make you an agent, the Department points you to the advisory-opinion process at 28 CFR 5.2 for case-specific guidance.
Exemption Applies to Nonprofits and Businesses
DOJ proposes to make clear that the 22 U.S.C. 613(d)(2) exemption can apply to both commercial and noncommercial entities alike, so long as the activities do not serve predominantly a foreign interest. That change is written into the proposed regulatory text at 28 CFR 5.304(c).
Four Exclusions That Block the 613(d)(2) Exemption
The Department proposes four categorical exclusions that would prevent use of the 22 U.S.C. 613(d)(2) exemption: (1) activities intended to benefit the political or public interests of a foreign government or party; (2) activities influenced by a foreign government or political party; (3) activities whose principal beneficiary is a foreign government or political party; and (4) activities supervised, directed, controlled, or substantially financed by a foreign government or political party and that promote that foreign interest.
New Factors To Judge 'Predominant' Interest
When the 613(d)(2) exemption might apply, DOJ proposes a non-exhaustive list of factors to decide if activities serve domestic rather than foreign interests. These include: (1) whether the public and officials already know about the agent–foreign principal relationship; (2) whether activities further a foreign commercial entity more than a domestic one; (3) the degree of foreign influence or financing over domestic non-commercial entities; (4) whether activities concern U.S. laws/policies more relevant to domestic or foreign interests; and (5) the extent of foreign principal influence over the activities.
Remove 'Directly' From 'Directly Promote' Standard
The Department proposes deleting the word "directly" from the regulatory phrase "directly promote" so that exemptions at 22 U.S.C. 613(d)(1) and (d)(2) would exclude activities that "promote" (not only "directly promote") the public or political interests of a foreign government or political party.
No New Narrow Definition for 'Political Consultant'
DOJ considered but is not issuing a new regulation narrowing the definition of "political consultant" to those who conduct "political activities." The Department determined such a narrow regulation would be redundant or inconsistent with the statute and advises unsettled parties to seek advisory opinions.
Advisory Opinions Emphasized for Unclear Cases
The Department repeatedly directs persons who are unsure whether their activities require registration to use the advisory-opinion process in 28 CFR 5.2. The Department says agency-level determinations about agency relationships are fact-intensive and best handled through advisory opinions.
Law-Practice Exemption Under Review for Clarification
Multiple law firms asked DOJ to clarify when activities related to criminal, civil, or agency proceedings are "in the course of" normal legal representation for the 22 U.S.C. 613(g) exemption, and DOJ is considering how to address this in the regulations.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Related Federal Register Documents
2026-17767, Promoting Telehealth in Rural America
In this document, the Federal Communications Commission (Commission) seeks comments on the scope of the similar service and rural area comparability requirements, comments on possible improvements to, or replacements of, our existing cost study method of determining rural telecommunications rates, comments on possible methods of promoting the use of lower-cost technologies intended to provide backup services, comments on a proposal to establish an eligible services list for the Rural Health Care (RHC) Program, comments on whether to adopt performance metrics to expedite the processing of RHC Program funding requests, and comments on whether to eliminate the approval requirement of evergreen contracts and an annual report requirement.
2026-17761, Maximizing Efficiencies in Universal Service Administration
In this document, the Federal Communications Commission (Commission) seeks to improve the administration of the Universal Service Fund (USF or Fund) by seeking comment on four areas related to USF administration: current USF administration processes, i.e., the processes used by Universal Service Administrative Company (USAC) to administer the USF and the Commission's oversight of those processes; the structure of USF administration, that is, USAC's role and responsibilities related to USF administration; operating costs associated with USF administration; and the impact of USAC's Board of Directors on USF administration.
2026-17764, Section 898(c) Transition Rule for Allocating Foreign Taxes and Section 960(d)(4) Foreign Tax Credit Disallowance; Correction
The IRS fixed some details in their new rules about how foreign taxes are handled for certain companies, especially after a tax deferral option was removed. If you deal with foreign tax credits or earnings from foreign companies, these changes could affect your tax filings. Comments on these updates are open until September 17, 2026, so now’s the time to speak up!
2026-17774, Consumer and Governmental Affairs Bureau Seeks To Dismiss Twenty-Four Mooted or Outdated Petitions
In this document, the Federal Communications Commission (Commission) seeks to assess the continuing interest in certain petitions that were filed between 2003 and 2023. The Commission plans to dismiss the petitions with prejudice unless a petitioner or other interested party files a letter in the relevant docket specifying that it objects to the dismissal of the petition and the reason for such objection.
2026-17655, Passports: Expanding Online Passport Renewal Overseas
The Department proposes to amend 22 CFR 51.21 by consolidating requirements for persons applying by mail and online in the United States and overseas. This proposed change includes expanding online passport application availability to qualified applicants located in foreign countries. In addition, the Department is proposing to remove the requirement that an applicant's most recently issued passport must have a year or less of remaining validity to qualify to submit an online passport application. Finally, the Department is proposing technical corrections to 51.8(b) to change "on-line" to read "online" for consistency.
2026-17609, Airworthiness Directives; Embraer S.A. Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain Embraer S.A. Model EMB-545 and EMB-550 airplanes. This proposed AD was prompted by the possibility of the Ram Air Turbine (RAT) compartment door seal peeling off and becoming entangled with the RAT rotor. This proposed AD would require replacement of the RAT compartment door seal. The FAA is proposing this AD to address the unsafe condition on these products.
Previous / Next Documents
Previous: 2024-30501, Access to Video Conferencing
The FCC wants to make video calls easier for people with disabilities by adding features like automatic sign language, text-to-speech, and better controls for those who are blind or have mobility challenges. They’re asking for ideas on how to pay for these changes and how to mix relay services with video calls. Comments are open until February 3, 2025, so everyone can weigh in before new rules might roll out.
Next: 2024-31462, Excise Tax on Designated Drugs
The IRS is proposing new rules about a special tax on certain drugs sold by manufacturers, producers, and importers during specific times. These rules explain how to calculate and apply this excise tax, which could affect how much these companies pay. If you want to share your thoughts or ask for a public hearing, you need to do it by March 3, 2025.