On March 3, the GD Parliament approved the Foreign Agents Registration Act (FARA) in its first reading. This is an update to the hugely controversial “foreign agents’ law” rammed through the last year despite widespread public protest, which hardens and extends the provisions of the previous legislation. Adopted in the overall atmosphere of repression it is likely to impact both CSOs and independent media, but also individuals.
Guest contributor: Saba Brachveli, Lawyer, Civil Society Foundation
What is the law?
On February 24, 2025, a new version of the so-called Russian law/Foreign Agents’ Law was registered in the Georgian Parliament, which is an exact translation of the Foreign Agents Registration Act (FARA) in the United States. The parliamentary review process should serve clarification, terminological, and other adaptations, to make it viable in the Georgian legal system. Only once these changes are made, will it be possible to fully understand the new regulations. Yet, the text of the draft allows for some conclusions.
Who does it apply to?
The foreign agents’ law currently in force, primarily applies to organizations: non-commercial legal entities and media entities. The FARA expands its scope to include all “natural persons, partnerships, associations, corporations, organizations, or other types of entities.” Consequently, the new law will cover relationships that were not previously in the scope of the “foreign agent” relationships: individual service contracts, initiative groups, individuals working remotely, etc.
Who will be considered an “agent”?
The current law applies to non-commercial legal entities, television, and print/online media that receive at least 20% of their annual revenue directly or indirectly from a foreign power. According to the draft FARA, a “foreign principal’s agent” will be any entity that:
- Operates under the subordination, supervision, control, or subsidization (etc.) of a foreign principal;
- Engages in political activities in the interest of or in accordance with the interests of a foreign principal; acts as a public agent or political consultant; collects or disburses funds or other resources; represents the principal’s interests before state authorities.
Thus the new law will most likely apply to online media (falling under the definition of a public agent). CSOs were explicitly mentioned in the draft law’s explanatory note as covered by the law, and this was confirmed during the parliamentary hearing on March 4 by the Chair of the Legal Committee Archil Gurdeladze.
It is worth noting that the scope of FARA in the U.S. is significantly limited by subsequent advisory notes from the Department of Justice and the case law applied through decades. These limitations make sure it does not adversely affect institutionally independent media and NGOs. Yet, taken “as is” into the continental legal system, the scope and application of FARA would not be restricted in a similar manner, making it considerably more repressive in nature.
Who is exempt?
The current law only exempts sports federations and blood banks. The draft FARA introduces some additional exceptions, including:
- Broadcast television networks (separate repressive amendments are being adopted into the Law on Broadcasting)
- Diplomatic/consular personnel
- Foreign government officials and their legal representatives
- Individuals registered in the lobbying registry
- Scientific, academic, religious, educational, and artistic activities
- Private and non-political activities (which include business development, humanitarian activities, or other non-political work).
Regarding the last two points, whether or not and to what extent these exemptions would cover CSOs would depend on administrative bodies and courts. In the current climate, it is likely they will not consider online media and CSOs as part of these exceptions. In any case, based on past experience, the application could be rather arbitrary.
What penalties are foreseen?
The existing law imposes administrative penalties, including: a) A fine of 25,000 GEL for failing to register—applied to organizations; b) An initial fine of 10,000 GEL, followed by a monthly fine of 20,000 GEL for failing to submit a declaration—applied to organizations; c) A fine of 5,000 GEL for failing to provide requested information during monitoring—applied to organizations or individuals.
The draft FARA introduces criminal liability. If an organization fails to register, its leaders (directors and board members) may face up to five years of imprisonment, a fine, or a combination of both. Individual employees may also face similar criminal liability for violating other obligations established by this law.
What obligations would the law impose?
The current law establishes three main obligations: a) Registration in the relevant registry; b) Submission of an annual financial declaration; c) Provision of information to the relevant public entity during the monitoring process.
The new law retains these obligations while adding some new ones, such as:
- Submitting two copies of every public statement or piece of information to the relevant authority
- Retaining all financial information and documents
- Making a “true and accurate statement” before submitting information to public authorities, confirming that it is provided by a foreign principal’s agent.
When is the FARA likely to take effect?
The one-party parliament is rubber-stamping laws, so the adoption of the FARA will be a straightforward process.
The estimated date for the adoption is April 4, 2025, and it will come into force 60 days after its adoption, during which the Ministry of Justice will have to create a new registry. The current law is expected to be repealed within this transition period.
It is still unclear whether the new law will apply retroactively to relationships established in 2024. The laws initiated and passed in 2023 and 2024 included such transitional provisions.
If the new law applies to relationships established in 2024, then by June 2025, all NGOs, online media, and individuals subject to the law will have to make a choice: register in the new registry as a foreign principal’s agent or risk facing criminal liability.
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