The Legal Affairs Committee of the Parliament of Georgia discussed the draft law On Transparency of Foreign Influence today and approved it in the second reading.
The committee rejected an alternative proposal regarding specific provisions of the bill proposed by opposition MP Teona Akubardia. As per the rapporteur on the issue, the second article of the bill was amended during today’s discussion. In particular, the word “non-commercial” has been added to subparagraphs b, c, and d of the first paragraph of the second article.
“We have the following wording in paragraphs b, c, and d – as provided by the Law of Georgia on Broadcasting, the broadcaster, which received more than 20 per cent of the total non-commercial (this word has been added) income during the calendar year from a foreign power. This word (non-commercial) removed the part that does not include the income received by the entrepreneurial entity or individual entrepreneur from sponsorship, teleshopping, or commercial advertising placed in the said broadcaster, as per the Law on Broadcasting. That is, the word “non-commercial” technically changed this entry, and paragraphs b, c, and d are the only modifications. The word “non-commercial” succinctly summed up in one word everything that was on the list,” said the speaker, Givi Mikanadze.
The amendments provide for the registration of non-entrepreneurial (non-commercial) legal entities and media as “the organizations pursuing the interests of a foreign power” if a certain amount of their income, over 20 per cent, is received from abroad. According to the bill, everyone who is considered an “organization pursuing the interests of a foreign power” must be mandatorily registered in the state registry under the same name, reflecting the income at the registration moment.
At the same time, the amendments oblige the organizations to fill out a financial declaration annually. The bill provides the Ministry of Justice with the authority to execute research and study-monitoring of the issue at any time to identify “an organization pursuing the interests of a foreign power.”
According to the draft, a decision of the relevant authorized person of the Ministry of Justice and a written application submitted to the Ministry of Justice, which “contains the relevant certificate regarding a specific organization pursuing the interests of a foreign power” will serve as the basis for starting monitoring.
As outlined in the draft, an authorized person of the Ministry of Justice and a written application submitted to the Ministry of Justice that consists of a suggestion regarding a specific organization pursuing foreign power interests are required to initiate monitoring.
An authorized person of the Ministry of Justice has the right, per the law, to request the necessary information, including personal information, for monitoring. Monitoring of the same entity will be allowed only once every six months.
Failure to register as an “organization pursuing the interests of a foreign power” or oversight to fill out a declaration entails a fine of GEL 25 thousand.
The draft also outlines the following types of penalties: GEL 10 thousand if the organization does not fill out the application within ten working days of accessing the Ministry of Justice website. An unresolved flaw in the documents within the set timeframe will result in a fine of GEL 10 thousand; a statutory offence committed after one month will result in a fine of GEL 20 thousand.
