Georgia has enacted the Foreign Agents Registration Act (FARA), a new law that introduces extensive obligations for individuals and organizations with foreign connections. Set to take effect on 31 May 2025, FARA is modeled on the U.S.
Foreign Agents Registration Act, but features language and requirements that are unfamiliar. In many respects, unusually broad for the Georgian legal system. The law’s vague definitions and expansive scope have raised significant concerns about its potential for arbitrary enforcement. And its impact on civil society, media, and international cooperation.
Scope and Applicability
FARA applies to a wide array of persons and entities, including natural persons, groups of partners, associations, corporations, and organizations. The law defines the “agent of a foreign principal” as anyone who acts under the instruction, request, or control of a foreign principal. It also includes those whose activities are directly or indirectly supervised, managed, controlled, financed, or subsidized by a foreign principal. This definition is not limited to direct relationships. Indirect or attenuated forms of influence or support can trigger the law’s requirements.
A “foreign principal” is defined to include foreign governments, foreign political parties, persons, or entities located outside Georgia (with limited exceptions). It also includes organizations established under foreign law or operating primarily outside Georgia. The law also covers organizations or associations aiming to influence political or public interests, policies, or relationships in Georgia.
These broad definitions sweep a wide range of organizations into the law’s ambit. This includes those engaged in policy dialogue, advocacy, or international cooperation.
Key obligations
Entities and individuals deemed agents of foreign principals face a host of burdensome obligations:
Registration
Agents must submit a detailed registration application to the Anti-Corruption Bureau within 10 days of becoming an agent. The application must include comprehensive information about the agent and the foreign principal. Additionally, it should detail the nature of their relationship, financial transactions, and the specifics of their activities in Georgia.
The law requires disclosure of all written and oral agreements, as well as the full list of employees. Furthermore, it mandates comprehensive financial information, including all income and expenditures related to foreign principals within the last 60 days.
Ongoing Reporting
Registered agents must update their registration every six months and notify the Anti-Corruption Bureau of any changes within 10 days. The Bureau may also demand additional information at any time, based on “national security and public interest.”
Record-Keeping
Agents are required to maintain all financial reports and records related to their activities throughout their agency. Moreover, they must keep these records for three years after their termination. These records must be available for inspection by the Anti-Corruption Bureau at any reasonable time.
Disclosure in Public Communications
Any informational materials disseminated by a foreign agent must clearly indicate their source. Specifically, they must show that they are distributed on behalf of a foreign principal. Such materials must be submitted to the Anti-Corruption Bureau within 48 hours of distribution and made available for public monitoring.
Interaction with State Institutions
Foreign agents must disclose their status when providing information or consulting with state institutions or officials. Additionally, they are required to present their latest registration statement when appearing before parliamentary committees or commissions.
Exceptions
FARA outlines several exceptions to the registration requirement. However, the Anti-Corruption Bureau narrowly defines these exceptions and applies its discretion in granting them. Exemptions include:
- Accredited diplomatic or consular officials engaged exclusively in recognized activities.
- Persons involved in private, non-political activities, humanitarian efforts, or religious, educational, or scientific activities.
- Persons whose activities are deemed important for Georgia’s defense are subject to specific conditions and revocable at the Bureau’s discretion.
- Legal representatives in judicial proceedings, provided their activities do not extend to influencing state institutions outside the legal context.
- Foreign agents engaged in lobbying activities and registered under the Law of Georgia on Lobbying Activities.
The law grants the head of the Anti-Corruption Bureau broad authority to decide whether registration or submission of information is necessary. Consequently, this power adds to the law’s vagueness. Moreover, it increases the potential for arbitrary application.
Liabilities and Penalties
FARA imposes significant liabilities for non-compliance, not only on organizations but also on their directors, board members, and employees:
- Personal Liability: Directors and other officers may be personally responsible for ensuring compliance with all registration, disclosure, and reporting obligations.
- Fines: Intentional violations can result in fines up to GEL 10,000. Specific infractions, such as distributing unlabelled informational materials or failing to disclose foreign agency status, can incur additional fines up to GEL 5,000.
- Imprisonment: Willful violations, including the submission of false information or the concealment of material facts, can result in imprisonment for up to five years. Lesser violations can result in imprisonment for up to six months.
- Expulsion: Foreign nationals found in violation of FARA may be expelled from Georgia.
- No Statute of Limitations: Failure to submit a registration application or required documents is considered an ongoing crime, with no statute of limitations.
Transparency and Public Monitoring
The law mandates that all registration statements and updates be made publicly available, including through an online database. The Anti-Corruption Bureau is authorized to share information with other state institutions and the Ministry of Foreign Affairs. This level of disclosure raises concerns about privacy, data protection, and the potential for misuse of sensitive information.
Relationship with the Foreign Influence Law
FARA does not replace the existing Law of Georgia on Transparency of Foreign Influence (the Foreign Influence Law). This law primarily targets non-commercial legal entities, broadcasters, and media organizations receiving more than 20% of their income from foreign sources. Instead, both laws are expected to operate concurrently, with FARA focusing on the regulation of agents of foreign principals and the Foreign Influence Law emphasizing financial transparency for organizations influenced by foreign powers. This dual regime increases the compliance burden and legal uncertainty for affected organizations.
Concerns
FARA’s vague language, broad definitions, and discretionary enforcement powers create significant risks for civil society, media, and international organizations operating in Georgia. The law leaves ample room for interpretation, making it possible for authorities to target organizations or individuals based on political considerations rather than objective criteria. The requirement to register as a foreign agent, coupled with intrusive disclosure and severe penalties, may have a chilling effect on advocacy, public debate, and international cooperation.
The Foreign Agents Registration Act represents a dramatic expansion of state oversight over organizations and individuals with foreign connections in Georgia. Its vague and expansive provisions, coupled with harsh penalties and broad enforcement powers, raise serious concerns about its potential use as a political tool. Civil society organizations, media outlets, and international partners must carefully assess their activities and prepare for a complex and uncertain compliance environment.