As Georgia’s partners calibrate their response to the anticipated enactment of the foreign agents’ law in Georgia, on May 23, U.S. Rep. Joe Wilson (R-S.C.) introduced the ‘‘Mobilizing and Enhancing Georgia’s Options for Building Accountability, Resilience, and Independence Act’’ or ‘‘MEGOBARI Act’’ [Megobari (მეგობარი) means “Friend” in Georgian] in the United States House of Representatives. MEGOBARI Act envisages sanctions against Georgian officials responsible for undermining Georgia’s democracy and tasks relevant U.S. government agencies to report to Congress about the improper influence and sanctions evasion, as well as the Russian intelligence assets in Georgia.
This bill is separate from the Georgia People’s Act (GPA), which a bipartisan group in the U.S. Senate tabled. A source at the U.S. House of Representatives told Civil.ge that the two bills may be reconciled at a later stage.
MEGOBARI Act notes that Georgia’s democratic development has been “uneven” and has experienced a “steady and evident decline” in the past several years, attributing it to a “deliberate policy decision” by the Georgian Dream government, considered as “increasingly hostile” towards the civil society and their Euro-Atlantic partners.
The bill also dwells on Moscow’s “predatory posture” towards Georgia, the occupation of its territories by Russia, and “ethnic cleansing of hundreds of thousands of Georgian citizens.”
“The current Georgian Government has increasingly and regrettably embraced a policy of accommodation with the Russian Federation as an aspect of its increasingly illiberal turn, and has openly attacked the United States and other western democracy promotion organizations as well as local and international civil society while embracing increased ties with Russia in particular, as well as China and other authoritarian governments, in defiance of its own preexisting foreign and security policies as reflected in its constitution and longstanding public sentiments,” the bill reads.
It calls on the U.S. to continue to support the Georgian people and their Euro-Atlantic and democratic aspirations, acknowledging the progress of the Georgian civil society and people “in forging an innovative and productive society, imbued with democratic spirit.” In this context, it emphasizes the importance of consolidation of democracy in Georgia for the national interests of the United States as well as the regional stability.
Sanctions for Undermining Democracy
If the bill is passed, the U.S. Secretary of State, in consultation with relevant U.S. government agencies, will have 60 days to identify the key individuals who “have material responsibility for undermining or injuring democracy, human rights, or security in Georgia” in the Georgian government, as well as among people working as its agents or on its behalf, or those who are otherwise in a position to strongly influence the government actions.
The possible sanctions include the ones pursuant to the Global Magnitsky Human Rights Accountability Act as well as the anti-kleptocracy and human rights sanctions authorized by the Consolidated Appropriations Act of 2023. The bill also considers “special urgent consideration of visa bans” applying to responsible individuals and their families. The individuals who may be subjected to sanctions include those who:
- are materially or directly responsible in the Parliament for the advocacy, passage, and potential enactment of the recent Russian-style foreign agent legislation;
- and substantially responsible within political or governmental leadership, business circles, or law enforcement and security services for advancing the same Russian-style foreign agent legislation or undermining or suppressing lawful popular or civil society opposition.
The Secretary of State must report to Congress about the imposition of sanctions no later than 90 days after the enactment of this Act. This report should include an unclassified executive summary, which is to be made public.
Sanctions Evasion, Russian Intelligence in Georgia
The bill also gives 60 days to the Secretary of State, in coordination with the Secretary of the Treasury, to submit to Congress a report on Improper Influence and Sanctions Evasion in Georgia and to brief the relevant committees on:
- nodes of improper political influence, kleptocracy, and elite corruption in Georgia, particularly insofar that they serve or may support Russian malign interests, knowingly or unknowingly;
- and the manner and extent to which Georgia, with the complicity of key individuals within Georgia, has been used as a means to bypass or evade, in letter or spirit, the United States or international sanctions imposed on the Russian Federation in response to its full-scale invasion of Ukraine.
In addition to this, the report also tasks the U.S. government agencies to submit another report on Russian Intelligence Assets in Georgia, “examining the penetration of Russian intelligence elements and their assets in Georgia, to include an annex examining Chinese influence and the potential intersection of Russian-Chinese cooperation in Georgia.” The report shall be submitted no later than 90 days after the enactment of the bill.
Democracy Monitoring and Further U.S. Assistance to Georgia
The bill tasks the Secretary of State, in coordination with the USAID and other relevant agencies and international partners, to “establish a democracy monitoring task force with, as practicable, a significant presence within Georgia, to publicly assess, monitor, and promote the pre-election democratic environment in Georgia.”
Congress is to be provided with a certificatation by the President or the Secretary of State showing Georgia’s “significant and sustained progress towards reinvigorating its democracy, evidenced at a minimum by substantially fair and free elections and a balanced preelection environment.”
Such a certificate would allow the U.S. Trade Representative to start negotiations on a “robust” preferential trade regime between the two countries. Moreover, a policy package will be developed to enhance people-to-people contacts and academic exchanges and improve visa liberalization between the U.S. and Georgia. The bill also promises an economic development and modernization package for Georgia to be developed by the U.S. and international partners.
As for the defense and security, “the President, in consultation with the Secretary of Defense, shall prepare a package for Georgia that includes the provision of security and defense equipment ideally suited for territorial defense against Russian aggression and concomitant training, maintenance, and operations support elements.”
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