Georgia’s "foreign agents" law is now a reality. When will it take effect and who will it impact?

What the foreign agents law in Georgia entails

On May 28, the Georgian parliament overrode the president’s veto, voting once again with 84 in favor and 4 against, finally passing the “foreign agents” law. Now, its implementation is merely a technicality.

Radio Free Europe/Radio Liberty has prepared an in-depth article on what comes next. Here is an abridged version of that article.

● Within three days, the bill will be sent to the President of Georgia for signing.

● The President must sign the bill within five days of its passage. Salome Zurabishvili does not intend to do so. Therefore, after five days, the law will be signed and published by Speaker of Parliament Shalva Papuashvili.

● The law will come into effect on the 15th day after its publication in the official media.

● Within 60 days of signing, the Ministry of Justice and the National Agency of Public Registry must establish a registry of “organizations carrying out the interests of a foreign power.”

●  Once the registry is ready, a significant number of NGOs and online media operating in Georgia (those with more than 20 percent foreign funding) will be required to register as “foreign agents.”

● According to the “foreign agents” law, an organization must voluntarily submit an application to the registry. If an organization meets the “foreign power interest” criterion, a one-month period will begin on the 60th day after the law’s publication. During this month, the organization is required to apply for registration as an “organization carrying out the interests of a foreign power.” Within two business days, the organization will be granted access to the relevant website, and within 10 business days of gaining access, it must complete the application electronically.

● The electronic application for registration as an “organization carrying out the interests of a foreign power” must include financial documents and identification details: information about the address and website, as well as details of financial and property income received in the previous year. The source, amount, and purpose of the money spent in the previous year must be explained.

● The National Agency of Public Registry has 30 business days to verify whether the application is “correctly and fully completed” and to register its author in the registry as an “organization carrying out the interests of a foreign power.” This information will be publicly accessible.

● An interesting detail concerning individuals emerges during the verification-registration stage. The Ministry of Justice representative, while reviewing and verifying the application, has the authority to inquire and gather information about individuals associated with the applying organization. This includes sensitive information such as political views, ethnic background, religious beliefs, health data, genetic data processed for unique identification, and sexual life information. According to the law, individuals must immediately provide the requested information. Failure to do so results in a fine of 5,000 lari (approximately $1,800). This fine can be imposed repeatedly within a month, as the law does not specify limits.

● What if an organization refuses to voluntarily register as a foreign agent? In that case, it will be fined 25,000 lari (approximately $9,000). Some would think this fine might temporarily “save” the organization from the “foreign agent” label, but this is not the case. After paying the fine, the state will register the organization in the “foreign agents” registry itself. Thus, the organization must pay the fine and still be registered as an agent.

● After forced registration as an agent, the organization must submit a financial declaration. If the organization fails to comply and does not cooperate with the state, it will be fined an additional 10,000 lari (approximately $3,600). The state can inspect the organization again the following month and, upon finding further non-compliance, impose a fine of 20,000 lari. Consequently, the state can impose a 20,000 lari fine on the organization every month.

● How will the state know an organization should be included in the “foreign agents” registry if it hasn’t declared itself? The law provides an intriguing detail here – a mechanism for reporting. Anyone can submit a written report to the state about the existence of a “foreign agent.”

• How Georgian oligarch Bidzina Ivanishvili sees the world. Opinion
• Speakers from seven European countries urge the Georgian parliament to withdraw the “foreign agents” law
• The US Senate is preparing lists of individuals “undermining Georgia’s Euro-Atlantic integration” for stringent sanctions
• Prime minister of Georgia’s ‘fantastic’ promises: An opinion from Abkhazia

In early April, thousands of protesters in Georgia took to the streets against the “foreign agents” law. The authorities passed the law despite persistent appeals from the West and a harsh assessment from the Venice Commission of the Council of Europe.

On May 23, Secretary of State Antony Blinken announced a decision to impose visa restrictions on those undermining democracy in Georgia and to conduct a comprehensive review of U.S.-Georgia cooperation.

According to Washington’s decision, the visa restrictions will also apply to members of the Georgian Dream government and their families, though specific names have yet to be disclosed. Additionally, Washington states that the U.S. will reassess its cooperation with Georgia.

Following the law’s enactment, the European Union also plans to take retaliatory measures. Prior to this, European officials had repeatedly noted that the law distances Georgia from the EU.