Draft Law on Transparency of Foreign Influence is Inconsistent with EU Norms - Borell

The Russian law of the Georgian Dream party threatens independent media and civil society organizations and hinders Georgia from joining the European Union.

Russian law establishes Putin's rules in Georgia, which has eliminated free speech in Russia.

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The European Union High representative for Foreign Affairs and Security Policy, Josep Borrell states that the proposed draft law on “transparency of foreign influence” initiated by parliament members is inconsistent with EU norms.

 “The proposed draft law on “transparency of foreign influence” raises serious concerns. Creating and maintaining an enabling environment for civil society organizations and ensuring media freedom is at the core of democracy. It is also key to the EU accession process and part of the 12 priorities, notably priority 7 on media freedom and priority 10 on the involvement of civil society.

The European Union is supporting Georgia in its reform efforts, responding to the country’s own aspirations for continued development and EU membership, as enshrined in Georgia’s Constitution.

The draft law’s adoption would be inconsistent with these aspirations and with EU norms and values.

We encourage the political leaders in Georgia to adopt and implement reforms that are in line with the stated objective of joining the European Union, as supported by a large majority of Georgia’s citizens,”-reads the statement of EU high representative spokesmen.

On February 20, the Bureau of the Georgian parliament bureau supported the reviewing of the draft law “On transparency of foreign influence”, despite the fact that the draft law did not have a conclusion of the legal department. According to the existing practice, the draft law submitted without this conclusion has been returned to the authors by the Bureau.

In parallel with the bureau session representatives of the online publications and investigative journalists held a rally in the parliament building and called on the deputies not to start even discussing Russian project presented by People's Powermovement. About 300 non-governmental, community and media organizations operating in Georgia issued a statement, according to which the draft law is directed against the citizens of the country.

  • According to the draft law, an agent of foreign influence is a non-entrepreneurial (non-commercial) legal entity (non-governmental organization) and a media outlet, the income of which is more than 20% from abroad, with the exception of those organizations established by an administrative body (state or municipal body/institution) or national sports federations.
  • Such legal entities will be subject to financial reporting obligations, which include, providing information on the amount and purpose of any money spent during the previous calendar year. Information entered in the register of agents of foreign influence is public.
  • According to the draft law, in order to identify the “agent of foreign influence”, the Ministry of Justice of Georgia will have the opportunity to carry out monitoring, within the framework of which, it will be granted the authority to process all necessary information, including personal data.
  • The basis for starting monitoring is: the decision of the relevant authorized person of the Ministry of Justice; A written statement submitted to the Ministry containing a proper reference to a specific agent of foreign influence;
  • According to the draft law, the ministry is also given the authority to impose fines of 10, 20 and 25 thousand GEL and to force registration of organizations.

The initiators of the draft law are members of the parliamentary majority: Sozar Subari, Mikheil Kavelashvili, Dimitri Khundadze, Guram Macharashvili, Viktor Japaridze, Irakli (Dachi) Beraya, Eka Sefashvili, Davit Kacharava and Zaal Mikeladze. The Georgian Dream party supports the draft law.

According to People’s Power, the draft law was based mainly on the Foreign Agent Registration Act (FARA) adopted in the United States in 1938, although US State Department spokesman Ned Price said it was based on similar Russian and Hungarian law and not any American law.

The President of Georgia Salome Zourabichvili states that this draft law will not have her support, because such a law will bring Georgia closer to Russia.

According to the assessment of Public Defender’s office, the draft law does not comply with the standards of international protection of human rights and is incompatible with the basic principles of a modern democratic state.

According to the statement of the US Embassy in Georgia on February 20, “it is no coincidence that one of the Kremlin's targets is civil society in Georgia.”

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