When will the Russian law come into force?

When will the Russian law come into force?

On May 28, the Parliament of Georgia rejected the President's motivated remarks on the so-called "Russian law" by 66 votes. Later that day, it approved the previously passed version of the law with 84 votes. This process is known as a "veto override."

After overriding the veto, the parliament is required by law to send the bill to the president within 3 days. The president then has 5 days to sign and publish it. If the President of Georgia does not sign the law within this period, the Chairman of the Parliament will sign and publish it within the next 5 days. According to public sources, the president does not intend to sign the law, so it will be signed by the Chairman of the Parliament after the president's 5-day period expires.

The Law "On Transparency of Foreign Influence" applies to all non-entrepreneurial (non-commercial) legal entities that are not established by an administrative body, are not sports federations, or blood establishments as defined by relevant law, and receive more than 20% of their income during a calendar year from foreign sources. These entities are designated as organizations pursuing the interests of a foreign power. Additionally, any legal entity that owns a media outlet and receives more than 20% of its non-commercial income from foreign sources during a calendar year is also considered a foreign power. The law mandates that these entities register in the "Register of Organizations pursuing the Interests of a Foreign Power."

According to the law, an entity is recognized as pursuing the interests of a foreign power based not on its activities, but on the source of its income—whether direct or indirect—from a foreign power. Additionally, it is irrelevant whether the income source is the European Union, an international organization of which Georgia is a member, or a country hostile to Georgia.

According to this law, within 60 days from its enactment, the relevant bodies/officials must adopt or issue the by-laws necessary for its implementation and ensure that these by-laws comply with the law. Additionally, the Ministry of Justice of Georgia and the National Agency of Public Registry must undertake the preliminary material, technical, and other measures required for implementing this law. This includes establishing the necessary procedures and means for registration as an organization pursuing the interests of a foreign power, as well as creating the corresponding registry.

According to the law, starting from the 60th day after its enactment, entities that, as of 2023, meet the criteria of an organization pursuing the interests of a foreign power, are given a 1-month period to apply to the National Agency for Public Registry with a written statement for registration in material form through the House of Justice. Within 2 working days of the application, the National Agency of Public Registry must grant access to the relevant website. Subsequently, the entity must electronically complete and submit the application form established by the Minister of Justice of Georgia (which also serves as a financial declaration) within 10 working days.

If an entity meets the criteria of an organization pursuing the interests of a foreign power and does not voluntarily apply for registration, the public registry agency, based on monitoring results, will forcibly register the entity in the register of organizations pursuing the interests of a foreign power. Additionally, the entity will be fined 25,000 GEL for avoiding registration and will still be required to submit an application/financial declaration to the public registry within 10 working days. If the entity fails to submit the application/financial declaration, it will incur an additional fine of 10,000 GEL. Furthermore, failure to submit the application/financial declaration within each subsequent month after the imposition of the administrative fine will result in an additional fine of 20,000 GEL.

According to the law, an authorized individual from the Ministry of Justice of Georgia has the authority to conduct monitoring at any time, following procedures approved by the Minister of Justice. Monitoring can be initiated either by the Ministry of Justice's authorized individual or by a written statement from any person containing information about a specific organization. To conduct monitoring, the authorized individual from the Ministry of Justice of Georgia has the right to request any necessary information in accordance with the law, including special categories of personal data (such as data concerning an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, professional affiliations, health, or sex life). Information may be requested from any natural person, legal entity, organization, institution, or body. Conversely, the requested information must be promptly provided to the authorized individual by the Ministry of Justice. Failure to comply with the request for information will result in a fine of 5,000 GEL.

In the event of the law's minimum signing and publication timeframes, organizations must submit their applications to the public register by the end of August 2024 at the latest for registration in the register of organizations pursuing the interests of a foreign power. This timeframe aligns with the period preceding the country's parliamentary elections, which is already marked by political polarization. Such a circumstance is likely to exacerbate this polarization further.

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