Chairman of the Georgian Dream faction in the Parliament, announced proposed amendments to the Law of Georgia on Grants aimed at preventing external financing of political unrest, violence, or revolutionary activities in the country.
As Irakli Kirtskhalia noted, this decision is "a response to past attempts to destabilize Georgia through externally funded NGOs and opposition groups".
"The definition of grants is being clarified to specify that a grant shall also include funds transferred by any person to another, whether monetary or in-kind, which are used or may be used for activities carried out or planned with the intention or belief of exerting influence on Georgia`s government, state institutions, or society at large.
Such activities aim to shape, implement, or modify Georgia`s domestic or foreign policy, and may also derive from the political or public interests, approaches, or relations of a foreign government or political party (this definition directly reflects the definition of political activity in the American FARA law). The receipt of such a grant shall only be permitted with prior authorization from the Government of Georgia.
The law defines a legal entity from another state whose activities primarily concern issues related to Georgia. It specifies that such an entity may only receive a grant with prior consent from the Government. For example, an organisation registered abroad that conducts significant activities in Georgia must apply to the Georgian government for funding. Otherwise, it will face criminal liability.
The definition of grants is being clarified to specify that funds transferred in monetary or in-kind form, provided in exchange for technical assistance such as sharing technologies, specialized knowledge, skills, expertise, services, or other forms of support, shall also be considered a grant. If a foreign entity hires experts in Georgia in exchange for payment, this payment will be regarded as a grant, and the issuance of such a grant will require prior approval from the Government of Georgia.
If a representative office, branch, or division of a non-resident legal entity receives a grant, including from the legal entity of which it is a branch, prior consent from the Government is required. The draft law states that receiving a grant without such approval will lead to administrative liability, in the form of a fine equal to twice the amount of the unlawfully received grant.
According to amendments to be implemented in the Criminal Code, criminal liability is being established for violation of the procedures established by the Law on Grants. The relevant violation will result in a fine, community service for a term of 300 to 500 hours, or imprisonment for a term of up to 6 years.
An aggravating circumstance has been added to Article 194 of the Criminal Code: money laundering intended for activities on political issues in Georgia will now carry a sentence of 9 to 12 years` imprisonment.
The draft law also introduces criminal liability for a leading official of a political party who breaches the Organic Law on Political Associations of Citizens, specifically by accepting foreign funding.
Such a violation may result in a fine, community service of 300 to 500 hours, or imprisonment for up to 6 years.
External lobbying becomes a criminal offence. Direct or indirect transfer of money, securities, other property, proprietary benefit or any other advantage to a citizen or legal person of another state in exchange for carrying out activity on political issues related to Georgia will result in a fine, community service for a term of 300 to 500 hours, or imprisonment for a term of up to 6 years…
As is known to the public, over the past 5 years, there have been several attempts to overthrow the Government elected by the Georgian people. Both the local radical opposition and so-called foreign-funded NGOs were actively involved in these revolutionary processes.
Fortunately, the state successfully prevented all attempts at revolution, in which the legislative amendments, especially those related to transparency, played a crucial role.
We all clearly remember the resistance from foreign adversaries to the first version of the Transparency Law, which only required foreign-funded NGOs to submit annual financial declarations. It became evident that many foreign donors and their networks had much to hide. Fortunately, Georgian society quickly discerned the truth from false propaganda, and the Government successfully passed this extremely important law.
Since then, global political developments have progressed rapidly. Following Georgia, several countries subsequently adopted laws on the transparency of foreign funding, including France, Turkey, Serbia, and others.
The public could clearly see that revolutionary processes in Georgia were funded by USAID, NED, EED, and other foreign foundations. The new US administration ultimately exposed this, revealing American foundations` involvement in revolutions and systemic corruption in various countries, which led to their closure.
As of today, funding for unrest, violence, and revolutionary processes in Georgia from abroad has become significantly more difficult. However, in practice, certain mechanisms and legal loopholes remain, the use of which could cost our country the peace, stability, economic progress, and prosperity that have been preserved through great effort.
For this reason, considering our country`s and the Georgian people`s responsibility, we are introducing amendments to legislation so that in the future no one can find an alternative way to fund unrest and violence in Georgia from outside the country", - explained Irakli Kirtskhalia.