3rd National Forum on Foreign Agents Registration Act - WEB

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FARA National Forum on

FOREIGN AGENTS REGISTRATION ACT

December 9, 2021 • The Capital Hilton, Washington, DC

Government Faculty: Jay Bratt Chief, Counterintelligence & Export Control Section U.S. Department of Justice Jennifer Gellie Chief, FARA Unit U.S. Department of Justice Heather Hunt Senior Counsel for FARA Administration U.S. Department of Justice

As the only dedicated event on the complexities of FARA compliance and enforcement, join key enforcement officials and legal experts to discuss critically important issues, including: Angle-Right DOJ’s Enforcement Posture and Emerging Trends in FARA Prosecutions

Angle-Right The “Lawyer Exemption” and Recent Advisory Opinions: Are the Goalposts Moving?

Angle-Right Grey Areas of Exemptions for “Commercial Activities” and “Activities Not Serving Predominantly a Foreign Interest”: What Crosses the Line?

Angle-Right The Lesser-Known Compliance and Audit Aftermath of FARA Registration: Filing, Labeling, Recordkeeping and More Pitfalls to Avoid

Angle-Right “Non-Traditional” Organizations under the Microscope: Lessons Angle-Right Status of FARA Reform: Updates on anticipated legislative and for NGOs, Think Tanks, Sovereign Wealth Funds, PR Firms, and More regulatory changes Supporting Sponsor

AmericanConference.com/FARA • 888 224 2480

Associate Sponsors

A C5 Group Company Business Information in a Global Context

FARA in the News:

“FARA Unit Continues Narrow Interpretation Of The Commercial Exemption”

– JD SUPRA

“The Justice Department and FARA unit haven’t skipped a beat in the last six months and, if anything, have continued the historic ramp-up of FARA enforcement… There are prominent criminal cases moving forward, significant criminal cases being charged, and unprecedented resources and personnel being dedicated to it… from all directions, FARA is being enforced like never before.”

– BUSINESS INSIDER

“DOJ brands Chinese-owned U.S. newspaper a foreign agent… The DOJ has stepped up scrutiny of foreign-owned media in recent years”

– AXIOS

Government Faculty: Jay Bratt Chief, Counterintelligence & Export Control Section U.S. Department of Justice

2021 Conference Co-Chairs David H. Laufman Partner Wiggin and Dana LLP Former Chief, Counterintelligence and Export Control Section, U.S. Department of Justice Matthew T. Sanderson Member, Co-Leader of the Political Law Group Caplin & Drysdale, Chartered

Expert Speaker Faculty: Jason Abel Partner Steptoe & Johnson LLP Kate A. Belinski Partner Ballard Spahr LLP

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SUPPORTING SPONSOR

Jennifer Gellie Chief, FARA Unit U.S. Department of Justice

Heather Hunt Senior Counsel for FARA Administration U.S. Department of Justice

Jennifer L. Carrier Of Counsel Blank Rome LLP

Nick Lewin Founding Partner Krieger Kim & Lewin LLP

Tom Firestone Partner Baker & McKenzie LLP

Dan Pickard Partner Wiley Rein LLP

Ki Hong Partner Skadden, Arps, Slate, Meagher & Flom LLP

Joshua Rosenstein Member Sandler Reiff Lamb Rosenstein & Birkenstock LLP

Murad Hussain Partner Arnold & Porter Kaye Scholer LLP

Brian Smith Partner Covington & Burling LLP

Robert Kelner Partner Covington & Burling LLP

Brian Svoboda Partner Perkins Coie LLP

Melissa Laurenza Partner Akin Gump Strauss Hauer & Feld LLP

Brandon L. Van Grack Partner Morrison & Foerster LLP (Former Chief, FARA Unit)

Home to a former U.S. Attorney General and numerous former high-ranking prosecutors, Covington’s Anti-Corruption team partners with clients to develop global strategies for cross-border anti-corruption compliance and to respond to multi-jurisdictional investigations.

Across both counseling and investigations, our anti-corruption team is able to provide “24-hour” real-time support to our clients with seamless coordination across the Americas, Europe, Asia, and Africa. Our team has handled matters throughout the world, including in Brazil, China, Eastern Europe, Germany, India, Indonesia, Mexico, the Middle East, Russia, South Korea, and the UK. Our practice and track record of success have garnered the attention of some of the world’s leading legal ranking publications, including Global Investigations Review and Chambers USA, which highlight our exceptional individuals and collective anti-corruption counseling, investigations, and enforcement experience in the U.S. and abroad.

Conference Agenda December 9, 2021 08:00

Breakfast & Registration

• How to determine when activity “directly promotes” the public or political interests of a foreign government or political party?

• Recent investment attraction activities that have come under FARA scrutiny

08:45

Opening Remarks from the Co-Chairs microphone-alt David H. Laufman, Partner, Wiggin and Dana LLP

Former Chief, Counterintelligence and Export Control Section, U.S. Department of Justice

Matthew T. Sanderson, Member, Co-Leader of the Political Law Group, Caplin & Drysdale, Chartered

11:30

LAW FIRMS TAKE NOTE

The “Lawyer Exemption” and Recent Advisory Opinions – Are the Goalposts Moving? microphone-alt Nick Lewin, Partner, Krieger Kim & Lewin LLP Melissa Laurenza, Partner, Akin Gump Akin Gump Strauss Hauer & Feld LLP

09:00

DOJ Keynote Address microphone-alt Jay Bratt, Chief, Counterintelligence & Export Control Section, National Security Division, U.S. Department of Justice

09:30

DOJ’s Enforcement Posture: Emerging Trends in FARA Prosecutions microphone-alt Brandon L. Van Grack, Partner, Morrison & Foerster LLP (Former Chief, FARA Unit) Robert Kelner, Partner, Covington & Burling LLP • Breakdown of recent high profile FARA cases • Mapping the patterns and trends of recent FARA prosecutions • Identifying sectors receiving increased scrutiny under FARA • The evolving role of the FBI in FARA investigations 10:30

• Navigating exemptions for foreign commercial entities owned by a foreign government

Morning Networking Break

10:45

The Grey Areas of Exemptions for “Commercial Activities” and “Activities Not Serving Predominantly a Foreign Interest”: What Crosses the Line into Registrable Activity? microphone-alt Brian Svoboda, Partner, Perkins Coie LLP Brian Smith, Partner, Covington & Burling LLP • Latest advisory opinions and their implications on commerce • How much due diligence is enough?

AmericanConference.com/FARA • 888 224 2480

• Latest advisory opinions guiding of the scope of the Lawyers’ Exemption • Balancing FARA disclosure requirements and attorney-client privilege • FARA registration risks for law firms that participate in public relations work on behalf of foreign clients • Best practices for establishing a comprehensive in-house FARA compliance program 12:15

“NON-TRADITIONAL” ORGANIZATIONS UNDER THE MICROSCOPE

Lessons for NGOs, Think Tanks, Sovereign Wealth Funds, PR Firms, and More microphone-alt Joshua Rosenstein, Member, Sandler Reiff Lamb Rosenstein & Birkenstock LLP Murad Hussain, Partner, Arnold & Porter Kaye Scholer LLP Jennifer L. Carrier, Of Counsel, Blank Rome LLP • Navigating registration requirements for to minimize legal liabilities • Challenges posed by the broad language of the law around “political activities” • Activities that might trigger an inquiry letter and document request • Pitfalls to avoid when getting foreign grants or funding for projects 1:00

Networking Luncheon

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3:45

2:15

The Lesser-Known Compliance and Audit Aftermath of FARA Registration: Pitfalls to Avoid for Filing, Labeling, Record-Keeping, and More

Fireside Chat with the FARA Unit Chief microphone-alt Jennifer Gellie, Chief, FARA Unit, U.S. Department of Justice MODERATOR:

David Laufman, Partner, Wiggin and Dana LLP Former Chief, Counterintelligence and Export Control Section, U.S. Department of Justice

microphone-alt Heather Hunt, Senior Counsel for FARA Administration, U.S. Department of Justice Kate A. Belinski, Partner, Ballard Spahr LLP MODERATOR:

Matthew T. Sanderson, Member, Co-Leader of the Political Law Group, Caplin & Drysdale, Chartered

2:45

A Thin Line with Big Consequences for Lobbying and PR Firms: Key Misconceptions About the Lengths and Limits of the LDA Exemption

• Establishing systems to track compliance with disclosure obligations, and books and records requirements

microphone-alt Ki Hong, Partner, Skadden, Arps, Slate, Meagher & Flom LLP

• Balancing the attorney-client privilege and filing requirements

Jason A. Abel, Partner, Steptoe & Johnson LLP

• Best practices for completing and filing reports in a detailed and timely manner

• Latest U.S. DOJ FARA advisory opinions and stance on the limits of the Lobbying Disclosure Act exemption • Identifying and mitigating situations that could lead to trigger FARA application • Knowing what you don’t know? How to know when to sound the alarm 3:30

• Best practices for KYC protocols

4:30

THE PROSPECT OF FARA REFORM

The Nature and Likelihood of Legislative and More Changes microphone-alt Dan Pickard, Partner, Wiley Rein LLP Tom Firestone, Partner, Baker & McKenzie LLP

Afternoon Networking Break

• Update on legislation in the pipeline

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• Areas of the law that are most likely to see a change • Anticipated impact of current and likely developments on legal, commercial and lobby exemptions • Is legislation the only way? Are there alternative ways for the U.S. DOJ to implement key reforms?

5:15

Closing Remarks from the Co-Chairs April 25 – 26, 2022 • Washington, DC

5:30

Forum Concludes

Venue Hilton Washington DC Capitol Hill Address:

525 New Jersey Ave, NW, Washington, DC 20001

Telephone: 833-964-1097

Check out our Portfolio of FCPA and Anti-Corruption events!

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American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote the group code: “USES”.

Please note that the guest room block cut-off date is November 5, 2021.

After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

Planning Ahead for Live Conferences: C5’s All Secure Safety Plan We look forward to the time when we are able to welcome you back to our live conferences.

When you are ready to attend one of our conferences, you will see that a lot has changed. Social distancing and cleaning procedures that have now become a way of life for all of us are now the standard for how we will run our conferences.

Our events will continue to offer unparalleled access to market leading intelligence and to the facilitation of a global exchange of expertise and now with a greater focus on the safety, health and well-being of all our guests.

As the American Conference Institute and our partners begin to look forward to live events, we are committed to building and enhancing the planning and preparation with a view to offering our guests a safe place for live conference delivery.

In addition, to ensure your safety, our event staff is fully vaccinated.

All our events will adhere to official government and local authority guidance in addition to venue or location-specific regulations. Our live events will follow the commitments below.

Attendance Screening All attendees will need to assert that at the time that they first attend the conference and for the 14 days prior: y They are not experiencing COVID-19 symptoms. y Have not traveled from an area under a travel health advisory. y Have not provided care for or had close contact with any person with or reasonably suspected of having COVID-19, or with any person who traveled outside of your home country or to an area under a travel health advisory. y Have not been advised by any health authority, government agency or regulation to selfisolate due to possible exposure to COVID-19.

Link to COVID-19 symptoms: https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html We are closely monitoring industry best practices and will be evaluating further additional measures pertaining to vaccinations and on-site screening based on the advice of health authorities.

Enhanced Communication y Advance communication to all attendees on what to expect and prepare for at the conference: from registration to conference materials to room layout to food and beverage options and more. y Education and training for the team to ensure we provide a safe and secure conference experience. y Distribution of local health-resource information in advance of the event. y Ongoing communication and advance planning with the venue regarding enhanced cleaning and sanitizing measures, response strategies and other onsite protocols.

Increased Cleaning and Sanitation y Placement of hygiene stations throughout the conference including the registration area, meeting spaces and high frequency areas. y Availability of personal hygiene and safety products including facial coverings where available.

Safety and Physical Distancing y Physical distancing protocols such as limiting attendance, directional signage and markers throughout the conference.

Reduced Touchpoints

y A conference room layout with planned seating for appropriate physical distancing.

y Reduction of the physical distribution of onsite materials.

y We continue to work closely with our venue partners to ensure the safety of our attendees.

Please check back frequently as we monitor and evolve our plan in the weeks ahead.

y Food and beverage options that ensure minimal handling and exposure.

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