By Allan D. Smith / President’s Message
Does Your Company File a Lobbying Report?
E
arlier this year, the U.S. Congress enacted comprehensive federal lobbying reform legislation that imposes new reporting requirements for companies that engage in lobbying activities with senior U.S. government officials. The definition of “lobbying activities” is complex, as are the reporting requirements themselves. Each company that thinks it may engage in lobbying activities with senior U.S. Government officials and, therefore, may be subject to the reporting requirements should check carefully with its own internal or outside legal counsel for a determination. Essentially, if a company has an employee or outside agent that spends 20% or more of his or her time working for the company on lobbying activities in any fiscal quarter, that company needs to file a report with the U.S. federal government for that quarter. Some of our larger companies, particularly those with offices in Washington, D.C., that have employees who regularly meet with senior administration officials and members of Congress and their staff have concluded that they need to file the lobbying report. Some have also concluded that, even though the ACCJ does not fall within the definition of “lobbyist” for
purposes of U.S. federal law, they nevertheless need to report on the ACCJ’s expenses incurred in connection with contacts with such senior government officials as well. The ACCJ can provide companies that ask for it a number that represents the amount of the fees paid to the ACCJ that is proportional to the amount of time the ACCJ staff spends working on contacts with senior U.S. officials compared to their overall, total working time. The number is quite small because such contacts are limited to the DC Doorknock the ACCJ conducts in the spring
of each year and the occasional visit to the ACCJ of a senior U.S. Government official. However, compliance with U.S. laws is essential even if the number is small. If you conclude that your company needs this information, please contact Aron Kremer at: akremer@accj.or.jp While most of the ACCJ contacts with the U.S. Government do not fall within the definition of lobbying, either as defined in U.S. federal law or the common understanding of the word, those contacts are critical to our advocacy efforts. Because we have the ear of the U.S. Government, other constituencies who might not otherwise be attentive to our Viewpoints and other messages take notice. The ACCJ is indebted to the U.S. Government and the U.S. Embassy, in particular, for taking up so many of our issues as their own in the various trade and other discussions they conduct on a regular basis. We should particularly thank our Committee liaisons from the U.S. Embassy who attend our Committee meetings and work so closely with us on specific topics.
asmith@accj.or.jp Allan D. Smith is ACCJ President.
September 2008 / ACCJ Journal / 13