A year and about a month after announcing it, Georgian dream broke its word and it is returning the Russian law. Without any prior information, Mamuka Mdinaradze announced this without any prior information, and uploaded the draft law, which was rejected last year, on the website of the Parliament today, in a few hours.

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Mdinaradze did not hide that the content of the project will be the same, but the word “agent” will not be used. Here, the Georgian dream also points out us to the fact that what we used to refer to as Russian law last year, we should not call the same name.

In this article, we will tell you what was written and is written in the draft law, which could not become a law last year due to large-scale public actions.

How Does the Georgian Dream Explain the “Need for the Law”?

The Russian law is again called “On transparency of foreign influence”. The website of the Parliament does not indicate the date of the discussion at the bureau, nor information about the committees. As stated in the letter, speakers are Mamuka Mdinaradze, Anri Okhanashvili, and Givi Mikanadze.

In the explanatory note, we read that the purpose of the bill is to “ensure transparency of foreign influence”. They claim here that it is important that this legislative act serves only the purpose of informing and does not restrict the activities of the subjects registered as “organizations of the interests of a foreign power”.

“It is necessary to adopt such a legislative act that defines the concept of an organization carrying out the interests of a foreign power and will regulate the registration of relevant entities as an organization carrying out the interests of a foreign power and other issues related to the transparency of their activities”, – we read in the card of the updated law.

“It is necessary to adopt a legislative act that defines the concept of an agent of foreign influence and will regulate the registration of relevant entities as agents of foreign influence and other issues related to the transparency of their activities”, – was written in the explanatory card of last year’s Russian law.

The only difference is that the concept of “agent of foreign influence” has been replaced by the concept of “organization serving the interests of a foreign power”. Also, last year the presenters were Sozar Subari, Dimitri Khundadze, Mikheil Kavelashvili, Guram Macharashvili, Eka Sefashvili, Viktor Japaridze, Irakli (Dachi) Beraia, Zaal Mikeladze and Davit Katcharava, and this year it was the Georgian Dream faction.

The authors, both last year and this year, emphasize that similar legislation exists in other countries, citing the USA as an example. Also, Australia, Israel, although they do not mention Russia, where such a law is used to discredit the media and civil society.

“Thus, the presented draft law clarifies the concept of an organization carrying the interests of a foreign power and, in order to ensure the transparency of foreign influence, regulates the registration of an entity as an organization carrying the interests of a foreign power and other issues related to the transparency of the activities of an organization carrying the interests of a foreign power”.

According to the draft law, the entity that meets the criteria according to the data (circumstances) of 2023, is obliged to apply to the National Public Registry Agency with a written statement (in material form) through the House of Justice and request to be registered as an “organization carrying the interests of a foreign power”.

“The existence of this norm is necessary, because in its absence, the obligation to register as an organization carrying out the interests of a foreign power would not apply to those subjects who, according to the data (circumstances) of 2023, meet the criteria of an organization carrying out the interests of a foreign power established by the draft law”.

A fine is provided for avoiding registration as an “organization carrying out the interests of a foreign power” or for failing to comply with the relevant requirements defined by the draft law.

Who and What Russian Law Considers a “Foreign Power”

According to Georgian dream, “foreign power” is:

A constituent entity of the government system of a foreign state;
A natural person who is not a citizen of Georgia;
A legal entity that is not established on the basis of the legislation of Georgia;
An organizational formation (including a foundation, association, corporation, union, other type of organization) or other type of association of persons, which is established on the basis of the law of a foreign state and/or international law.

What Is Considered a “Foreign Source of Income”

According to the Russian law of the Georgian Dream, the source of income received by the relevant entity is “foreign power”, if:

The entity directly or indirectly received income from a foreign power;
The entity directly or indirectly received income from the legal entity that directly or indirectly received income from a foreign power;
Source of income not identified.

Who Will the Russian Law Consider to Be an “Organization Carrying Out the Interests of a Foreign Power”?

A non-entrepreneurial (non-commercial) legal entity that is not established by an administrative body that is not a national sports federation provided for by the Law of Georgia “On Sports” or a blood institution provided for by the Law “On the Quality and Safety of Human Blood and Its Components” and by which calendar The source of more than 20% of the total income received during the year is foreign power;
A broadcaster provided by the Law on “Broadcasting” whose source of more than 20% of the total income received during a calendar year is a foreign power (which does not include sponsorship, teleshopping or commercial advertising revenue);
A legal entity that alone or jointly owns a printed media of mass information operating in Georgia and whose source of more than 20% of the total income received during a calendar year is a foreign power (which does not include commercial advertisements placed by an entrepreneurial society or an individual entrepreneur in the said media advertising revenue);
A legal entity that alone or jointly with another owns and/or uses an internet domain and/or internet hosting intended for internet media disseminating mass information in the state language of Georgia and whose source of more than 20% of the total income received during the calendar year is a foreign power (which does not include entrepreneurial income received from commercial advertising placed by the public or an individual entrepreneur in the mentioned means of mass information).

According to the law, income means money and other material goods of property value (any movable or immovable thing). The value of the income, which is not a monetary amount, is calculated by its market price.

Here you can also see the rules on how to register in the public register and fill in the required documents every year. And, how will it be deleted from this register. The information entered in the register of “organizations carrying out the interests of a foreign power” is public.

Who and How Will “Reveal Sources of Foreign Influence”

The Ministry of Justice of Georgia is authorized to conduct appropriate research and study of the issue at any time in order to identify the “organization carrying out the interests of a foreign power” or to verify the fulfillment of any of the requirements of this law. Also, to receive information from others.

The basis for starting monitoring is:

Decision of the relevant authorized person of the Ministry of Justice.
A written statement submitted to the agency, which contains an appropriate reference related to a specific organization “carrying the interests of a foreign power”.
In order to carry out monitoring, the relevant authorized person of the Ministry has the right to seek the necessary information, including personal data, in accordance with the law.
Monitoring of the same subject is allowed only once in 6 months.

If, according to the results of the monitoring, it is revealed that the entity meets the criteria, but has avoided registration, the agency will register it as an “organization carrying the interests of a foreign power” based on the application of the relevant authorized person of the Ministry.

Responsibility and Penalties

Avoiding registration as an “organization carrying the interests of a foreign power” or failure to submit the financial declaration within the period established by the same article will result in a fine of 25,000 GEL.
Failure to fulfill the obligation to eliminate the defect or failure to submit the application will result in a fine of 10,000 GEL.
Committing an administrative fine after 1 month will result in a fine of 20,000 GEL.
Even after the introduction of the Russian law, the ruling team tried in every way to achieve the goals of this law and engaged in a discrediting campaign against activists, media, civil society, which was accompanied by anti-Western rhetoric. The processes were slow for several months – before and after receiving candidate status. However, before the 2024 elections, this is another drastic step of the Georgian dream, which calls into question the pro-European course and will cause public excitement.

The ruling team has yet to officially say that the election campaign has begun, although their steps indicate just that:

At the end of 2023, Bidzina Ivanishvili, who left politics twice, returned for the third time.

Prime Minister Irakli Gharibashvili resigned for the second time and Irakli Kobakhidze became the new Prime Minister.
Georgian Dream started a campaign against the non-existent “LGBT propaganda” and announced the hate law, which was initiated today, April 3.
Together with Girchi, they announced the initiative to abolish gender quotas and this too was accepted today, April 3, in the first reading.
The Russian law was suddenly initiated today.