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As Georgia withdraws ‘foreign agent bill’, a look at nations with similar laws

FP Explainers March 9, 2023, 16:59:05 IST

The Georgia bill would have required media and nongovernmental organisations that receive over 20 per cent of their funding from foreign sources to register as ‘agents of foreign influence’. From Italy to India, many countries have passed such laws to keep tabs on such groups

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As Georgia withdraws ‘foreign agent bill’, a look at nations with similar laws

Georgia has withdrawn its foreign agent bill after days of protest in the capital. The bill entitled On Transparency of Foreign Influence would have required media and nongovernmental organizations that receive over 20 per cent of their funding from foreign sources to register as “agents of foreign influence.” It was withdrawn by the Georgian Dream party and its allies over the “controversy in society” it caused. Explained: The ‘Russia-like’ law that has sparked violent protests in Georgia Let’s take examine nations with similar laws: Russia According to CNN, Russia in 2012 passed the NGO Law on “Foreign Agents”. The law required organisations engaging in political activity and receiving funding from abroad to register as foreign agents. This even if foreign funds do not go toward political actions, as per Freedom House.  The state decides if NGO is engaging in political activities based on its participation in ‘political acts’ intended to impact policy making or the public mood. ‘Foreign agents’ must also adhere to the following rules:

  • Produce financial reports about their political activities on a quarterly basis, file documents describing the composition of their management bodies and activities semi-annually, and submit to a state audit annually.
  • Are subject to unlimited unscheduled audits
  • Register political activities with the ruling government before taking part in them
  • If it fails to do so, it can be fined $10,000 or its employees sent to two years in prison
  • Donations in excess of $6,700 are monitored
  • All material produced must be labelled products of foreign agents
  • Those violating the law are under the jurisdiction of the federal agency responsible for monitoring money laundering and terror financing.

Russia in 2015 also passed an “undesirable organizations law”, as per World Crunch. The law has led to 77 NGOs accused of “threatening the constitutional order of the Russian Federation, the defence capability of the country, or national security” being barred. Belarus In Belarus, it is mandatory for NGOs to register with the authorities. As per Amnesty, according to Article 15 of the Law on Associations, authorities can refuse registration in instances where NGOs have violated regulations “if such infringements are irreversible.” The government of President Alexander Lukashenko in 2011 passed laws making local NGOs that received funds from abroad liable for “violation of the Belarusian legislation,” as per Coda Story. It further barred them from placing funds in foreign banks. Hungary Hungary in 2017 had passed a law “on the Transparency of Organizations Supported from Abroad”. That law, known as LexNGO, did not mention the term ‘foreign agent’. However, it was called a copycat version of Russia’s law by some experts.

The law was repealed in 2021 and replaced with LexNGO 2021.

The law made civil society organisations with a balance sheet total in a given year amounting to at least $54,000 subject to inspection/audit by the State Audit Office, according to Helsinki.hu. Italy Italy in 2019 adopted the “Decree on Urgent Dispositions about Security and Public Order. As per Euractiv.com, the law gives vast powers to the interior ministry over NGO ships including restricting and prohibiting their entry. Yet again the term ‘foreign agent’ is not used in the law. Algeria Algeria’s 2012 Law 12-06 on Associations mandate that organistions must keep authorities abreast about changes in their status and in their internal organisation, as per Human Rights Watch. NGOs must also submit yearly activity and finance reports. According to Article 23 of the law, international and foreign associations must “respect national constants and values” and “require prior approval of relevant authorities.” Zimbabwe Zimbabwe in February passed the Private Voluntary Organisation Amendment Bill.

The bill allows the government to grant or reject registration of NGOs, as per World Crunch.

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The bill also gives the government the power to cancel the registration of organisations found to have “political affiliations” and allows penalties from heavy heavy fines to imprisonment to be levied. President Emmerson Mnangagwa while passing the bill said it was needed to protect and defend the country’s sovereignty from destabilizing foreign interests, and to stop “the turning of a small section of mercenaries in our midst into the proverbial Trojan Horse for attacking our sovereignty, our values and our politics.” India Created in 1976 under then prime minister Indira Gandhi, the India Foreign Contribution Regulation Act (FCRA) barred foreign funding to NGOs indulging in political activities. It was replaced by the FCRA 2010 by the UPA government to consolidate the laws aimed at regulating and prohibiting “the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies.” It also aims to “prohibit acceptance and utilisation of foreign contribution or foreign hospitality for any activities detrimental to national interest”. The rules related to FCRA have been tightened since the Narendra Modi government came to power in 2014. The current government amended the FCRA law in 2020 and then again in July 2022. As per Indian Express, the law mandates that any person or NGO receiving foreign funds must

  • Register under the Act
  • Open a bank account for the receipt of the foreign funds in State Bank of India, Delhi
  • Use funds received only for the purpose for which they have been stipulated under the Act
  • File returns annually
  • Not transfer funds to other NGOs.

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