TBILISI -- Lawmakers from the ruling Georgian Dream party comfortably overrode a presidential veto 84-4 in a vote boycotted by most of the opposition on May 28, further propelling the so-called "foreign agent" law toward enactment.
Dubbed "the Russian law" by Georgian protesters for its similarities with a decade-old law in Russia that has helped the Kremlin jail, fine, and marginalize dissent, EU officials have warned it will "negatively impact Georgia's EU path." Meanwhile, Washington has announced visa bans and a "comprehensive review" of bilateral relations, and other international critics have decried the law as "weaponized transparency."
Following the override, here's what's expected to happen next with the Georgian Law On Transparency Of Foreign Influence.
Sign And Publish
The bill will be submitted to Georgian President Salome Zurabishvili for signature within three days, after which she has five days to sign it into law. Zurabishvili has repeatedly given every indication that she won't sign it. If she doesn't, after five days the law is published with the signature of the speaker of parliament, Shalva Papuashvili.
Creation Of A Registry
After the law's publication, the Justice Ministry and the ministry's National Agency Of Public Registry will have 60 days to create a register for "organizations serving the interests of a foreign power." Once that is up and running, registration becomes mandatory for a large segment of the country's nongovernmental organizations (NGOs) and online media.
The criteria mostly boil down to a reliance on foreign funding above 20 percent in a calendar year from any "foreign power," which is defined as a physical person who is not a citizen of Georgia; a legal entity registered outside of Georgia; or any fund, association, corporation, union, or other organization founded on the laws of a foreign state and/or international law.
Written Application
If an organization suspects that it meets the criteria of "serving the interests of a foreign power," the countdown on the deadline for filing begins on the 60th day after the publication of the law. Within one month of that deadline, the organization is obliged to submit a written statement to the Justice Ministry requesting that it be registered as such. The organization should be granted access to the relevant website within two days; and within 10 working days of admission, the organization must fill out an electronic application.
Submitting An Electronic Application
When the organization fills out the electronic application, that submission is required to include:
- Identification data
- Address
- Website address
- Details of monetary or asset-based income received in the previous year, with explanations of the source, amount, and purpose
- Details of the amount and purpose of funds spent in the previous year
Check-In
The National Agency Of Public Registry has 30 working days to investigate and study the application to determine whether it is "correctly and fully completed" and register the author/organization as an "organization serving the interests of a foreign power." That information is publicly available.
During their study of the application, the Justice Ministry's authorized representative has the authority to search for special categories of information about individuals connected with the organization. These include:
- Political views
- Ethnicity
- Religious beliefs
- Health
- Genetic data that is processed to uniquely identify an individual
- Sex life
Individuals must immediately provide any related information requested by the ministry representative. If an individual fails to fulfill that requirement, they can be fined 5,000 lari ($1,845). There is no limit in the legislation to limit the number of times per month a person may be fined.
What If An Organization Doesn't Register?
If an NGO or media organization as defined in the law fails to apply or register, it can be fined 25,000 lari ($8,945) and registered without consent into the registry anyway. After that, the organization is obliged to upload the financial declaration. If it fails to fulfill that requirement, it can be fined another 10,000 lari ($3,500).
The state authority will check on the organization a month later and, if it finds noncompliance again, the organization can be fined another 20,000 lari ($7,150). The organization can then be fined 20,000 lari each month thereafter for noncompliance.
If Not Declared, How Will The State Know An Organization's A Foreign Agent?
The law includes a hearing mechanism under which anyone can report in writing the presence of a "foreign agent" organization, or more specifically one "serving the interests of a foreign power." In such cases, a Justice Ministry representative -- which will be defined once the law is implemented -- has the right at any time to initiate an investigation on its own authority. But the ministry representative may also launch an investigation in the absence of any such written statement.
