Greetings Friend,

Amid a rapidly evolving landscape for U.S. foreign assistance, foundations, and nonprofit organizations face mounting questions about how policy shifts may affect crucial programs abroad. With USAID’s future uncertain, we know that many of you are navigating both internal conversations and in deep partnership with your grantee partners. Please see the sections below for more on USAID updates, as well as the latest on FARA and FCPA compliance.

The Council on Foundations continues to monitor and analyze executive actions taken in recent weeks and is tracking relevant legislation moving through the 119th Congress. As our President and CEO, Kathleen Enright, stated a few weeks ago: we recognize the gravity of this moment and are steadfast in our commitment to protecting philanthropy and the work you do in communities.

As always, please do not hesitate to reach out if we can be of any support. Council members can contact the following teams:

• The Council’s legal team at legal@cof.org
• The Council’s government affairs team at govt@cof.org
• The Council’s membership team at membership@cof.org
• Sign up for more frequent policy updates via our Washington Snapshot newsletter
• Or contact our global team via Brian Kastner 

All the best,

Natalie Ross Vice President of Membership, Development, and Finance natalie.ross@cof.org	Brian Kastner Director of Engagement brian.kastner@cof.org

Upcoming at the Council

 Global Peer Learning Spaces – New to 2025

Join us for a series of learning-focused calls for global funders to dive deeper into components of enacting locally led development. Designed for staff at all levels to exchange insights; learn from guest experts like TechSoup, NGOsource, Humentum, and the Funder Safeguarding Collaborative. These calls will occur on the second Tuesday of each month (10:30–12:00 ET) and are for Council members only.

Learn more and register for our March and April events here!

Global Training Registration is now open!

Strengthen your expertise and confidence in global grantmaking through our three-half-day training, built on the Council’s 40+ years of experience. You’ll gain a thorough understanding of global regulations, practical tools for navigating complex systems, and fresh insights drawn from data and research. Join us for one of these offerings:

• Spring Session: April 22, 24, & 30
• Fall Session: November 12, 13, & 19

Learn more and register for the April session now!

Ukraine’s Fight and the Global Stakes: Why Philanthropy Can’t Afford to Look Away

Hosted by Foundations for Ukraine in collaboration with Philea, and the Council on Foundations, this session will bring together philanthropic actors to examine:

• The evolving realities on the ground and their implications for funders
• Why sustained and strategic support for Ukraine is more critical than ever
• What is at stake if funding declines, and how this impacts global democracy, security, and stability
• How funders can align efforts for greater impact in both the short and long term

Keynote Speakers:

• Volodymyr Yermolenko – Ukrainian philosopher, writer, and editor-in-chief of UkraineWorld, analyzing Ukraine’s fight in the context of democracy and global security.
• Olha Aivazovska – Chair of Civil Network OPORA, civic activist, and expert in democracy and international advocacy for Ukraine’s resilience.

Register now for the February 27th call.

Legal and Regulatory Resources

USAID's Future in Flux 

• A judge temporarily blocked the Administration’s attempts to put 2,200 USAID staff on paid leave.
• The USAID Office of the Inspector-General released a report saying, “The Trump administration's move to gut the U.S. Agency for International Development (USAID) has crippled the agency's ability to conduct any proper oversight of unspent aid worth $8.2 billion.”
• Two lawsuits are challenging the dismantling of USAID: one by unions representing federal employees and foreign service officers, and a one by USAID contractors.

DOJ Proposes Changes to the Foreign Agent Registration Act (FARA)

• The DOJ has released proposed updates to FARA, clarifying that the so-called “commercial exemption” applies to nonprofits but also creating a new “totality of circumstances” test that would evaluate whether activities primarily benefit domestic or foreign entities, adding complexity to compliance. Public comments are due March 3, 2025.
• DOJ has since disbanded the Foreign Influence Task Force, and the Attorney General has directed DOJ to focus on “civil enforcement, regulatory initiatives, and public guidance.”
• The Council had previously submitted comments to DOJ in 2022 seeking clarity around FARA’s overly broad scope.

Foreign Corrupt Practices Act (FCPA) Enforcement Paused

• On February 10, the Administration released an executive order titled, “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security.”
• The law, which is relevant to global funders — especially companies — will no longer be enforced by the DOJ, though as of now the Securities and Exchange Commission (SEC) may still investigate violations.

Keep in Touch!

Share your organization’s impact story with us at
communications@cof.org.

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