On August 8th, Partner Josh Rosenstein was quoted in a Responsible Statecraft story examining the lobbying activities of Brazilian congressman Eduardo Bolsonaro (son of former president Jair Bolsonaro) in the United States and their implications under the Foreign Agents Registration Act (FARA). The article highlights Bolsonaro’s efforts to influence U.S. policy, including a successful push for tariffs and sanctions against Brazilian officials.

“To date, Eduardo Bolsonaro has not registered as a foreign agent under the Foreign Agents Registration Act (FARA)… As an elected official to Brazil’s National Congress, Eduardo Bolsonaro could qualify for an exemption from registering as a foreign agent. However, Josh Rosenstein, a FARA expert and partner at Sandler Reiff, explained to RS that to do so, the State Department needs to recognize his role as an elected official and interpret his actions as within the scope of his duties. A State Department spokesperson told RS in an email that the agency had not received a notification from Eduardo Bolsonaro or the Brazilian government that his lobbying actions fall under official government activity.”

“’Absent the form or some similar official notification to the State Department, FARA’s regulations are clear that the exemption is unavailable,’ explained Rosenstein. The Department of Justice, which, under the Trump administration, has reserved FARA charges only for instances of ‘traditional espionage,’ is unlikely to ask Eduardo Bolsonaro to register as a foreign agent.”

Find the full article here.