Georgian vs. American 'foreign agent' law: What's the difference?
Georgian vs. US ‘foreign agent’ law
On 4 March 2025, the one-party parliament of Georgian Dream passed a bill with an overwhelming majority (84 votes in favour, 0 against), introducing legislation similar to the U.S. Foreign Agents Registration Act (FARA). The Georgian version is called the “Law on the Registration of Foreign Agents.”
The 16-page bill is a verbatim translation of FARA, featuring distinctly American terms such as Congress, State Department, and President of the United States. According to Archil Gorduladze, an MP from Georgian Dream and one of the bill’s initiators, this precise translation was deliberate to ensure that “no one can claim that anything [in the Georgian bill] differs from the American law.”
Shalva Papuashvili, Speaker of Parliament and a member of Georgian Dream, stated that “any speculation that the Georgian Parliament is adopting a law that does not meet international standards will be dispelled.”
The ruling party rushed the bill through Parliament—to ensure its first reading on Tuesday, Georgian Dream MPs worked on Monday, 3 March, despite it being a public holiday in Georgia.
Alongside the “Law on the Registration of Foreign Agents,” Parliament has also fast-tracked two additional media regulation bills.
Previously, amid continuous protests and international criticism, Georgian Dream passed the “Law on Transparency of Foreign Influence,” which restricts the activities of NGOs and media outlets in Georgia.Adopted in its third reading on 28 May 2024, this law requires the creation of a special registry for “foreign agent organizations,” defined as any organization receiving more than 20% of its funding from foreign grants. In a small, economically fragile country like Georgia, this applies to almost all NGOs.
Experts and civil society representatives argue that recent developments in Georgia mirror the authoritarian playbook of Russia, Belarus, and Azerbaijan, targeting independent media and the civil sector in an effort to weaken democratic institutions.
Who falls under Georgia’s version of U.S. FARA?
According to Georgian Dream, the purpose of the law is to limit foreign interference in state institutions.
Under the bill, not only NGOs and media outlets but also businesses, corporations, and even individuals receiving foreign funding and engaged in public, political, or informational activities will be required to register as foreign agents.
In other words, any person or entity can fall under the law if deemed to be acting in the interests of a foreign power.
Who can be declared a “foreign agent”?
- NGOs, media outlets, and private companies receiving more than 20% of their funding from foreign sources.
- Individuals engaged in political or public activities on behalf of or funded by foreign organizations (e.g., lobbyists, consultants, PR agents, journalists working directly or indirectly for foreign organizations).
- Individuals acting in the interests of a foreign state, international organization, foreign political party, or any other foreign entity, while engaging in political or informational activities.
- Businesses indirectly linked to foreign funding sources, including media, information, and consulting companies.
Who is exempt?
- Diplomatic missions.
- Charitable organizations receiving foreign aid but not engaged in political activities.
- Academics, scientists, religious figures, and artists, provided they do not participate in political activities.
These exemptions make it clear that the primary goal of the law is to restrict politically active opposition figures and organizations from participating in Georgia’s political landscape.
Does this law apply to citizens receiving money from relatives abroad?
The Law on the Registration of Foreign Agents does not automatically apply to such individuals. However, if the government develops “suspicions” about a citizen or disapproves of their work or public activities, it can freelyenforce the law against them.
In other words, an ordinary citizen receiving remittances from family members abroad could fall under the law if they engage in any form of public, political, or informational activity.
Experts warn that this bill will become a government instrument for controlling and silencing “undesirable organizations,” independent media, and individual citizens.
The word “agent” as a stigmatizing label.
The bill reintroduces the term “agent,” which was also present in the first version of the law proposed in 2022. The label “foreign agent” carries a strong negative connotation, often linked to espionage. According to experts, the real purpose of the law is to inflict reputational damage on groups working independently of the government and receiving international funding.
Who enforces law and what are penalties?
The Anti-Corruption Bureau has been designated as the primary enforcement body for the Law on the Registration of Foreign Agents.
According to Archil Gorduladze, Chair of the Legal Affairs Committee, additional legislative amendments will be introduced to define which other state agencies will be responsible for implementing the law based on Georgia’s realities.
As for sanctions, failure to comply with or improper fulfillment of obligations under the “Law on the Registration of Foreign Agents” may result in a fine or imprisonment of up to 5 years for individuals, while legal entities would face only a fine.
Saba Brachveli, a lawyer with the Open Society Foundation – Georgia, warns that this law is even stricter than its previous version, as violations could now lead to criminal charges:
“Unlike the previous law, which imposed administrative fines, the new version is more repressive because it allows for criminal prosecution. This means that not only fines but also imprisonment are possible. In such a scenario, any activist, journalist, or ordinary citizen could be accused of being an agent and face criminal punishment.”
Can organizations register in other countries to avoid new law?
This question was raised by Sozar Subari, leader of the “Power of the People” movement, during a parliamentary session, where he asked the bill’s author, Archil Gorduladze, whether organizations could evade the law by registering abroad.
Gorduladze responded that no one will be able to “avoid” the Law on the Registration of Foreign Agents:
“If an organization’s activities are directed at Georgia, whether it is a physical or legal entity [regardless of where it is registered], the law will still apply to them. Accordingly, those who seek to circumvent the law will not be able to do so.”
However, it remains unclear how this provision will be legally enforced, as further legislative amendments are expected following the adoption of the law.
Differences from American FARA – expert opinions
While Georgian Dream attempts to portray the “Foreign Agents Registration” law as a copy of the American FARA, experts argue that its implementation in Georgia will differ significantly from Western practice. They assert that the “American-ness” of the law is irrelevant if its goal is to suppress civil society and the media.
“Imagine someone is shooting at you with an American-made pistol. By this logic, since the weapon is American, its use isn’t a problem? Is the issue only when you’re shot at with a Kalashnikov? In reality, what matters is not who manufactures the weapon but who holds it, how they use it, and for what purpose,” says lawyer Nika Simonishvili.
In the U.S., FARA applies to a much narrower segment of society than the Georgian bill. Under American law, registration under FARA is mandatory only for individuals or organizations engaged in political activities directly on behalf of a foreign government or as lobbyists.
In contrast, under the Georgian bill, receiving more than 20% of funding from foreign sources is enough to be labeled an “agent.” The definition of a “foreign agent” as someone carrying out “foreign assignments” is also vague and open to broad interpretation. Would an independent blogger who receives a small grant to investigate corruption in an infrastructure project be considered as carrying out a “foreign assignment”?
This is the key difference: the Georgian version of the law equates foreign funding with serving “foreign interests,” which is not the case under U.S. legislation.
Another major distinction is that in the U.S., enforcement of FARA is overseen by independent courts and democratic institutions, whereas in Georgia, state institutions are fully controlled by Georgian Dream.
“The U.S. operates under case law, and each instance is reviewed individually. In Georgia, however, the interpretation of the law will be handled by ordinary government officials or prosecutors under government control,” Simonishvili explains.
Saba Brachveli, a lawyer at the Open Society Foundation – Georgia, adds that Georgian Dream is trying to legitimize the new law by presenting it as an exact replica of FARA.
“Facing strong public resistance, Georgian Dream is now trying to sell the law as a direct copy of the American FARA. But that’s just the packaging. The crucial difference is that in Georgia, the law’s interpretation and enforcement will be overseen by the Anti-Corruption Bureau, whose independence is highly questionable. The government will have the power to use the law against specific individuals and organizations at its discretion.”
When will law be passed?
The final hearing is scheduled for April 1, with the law expected to be adopted on April 4.
Expected legal disputes
If the law is passed, civil society representatives will likely challenge it in the Constitutional Court, arguing that it contradicts international human rights standards. However, it is important to note that the judiciary, including the constitutional system, remains under the control of Georgian Dream.
