Georgian FARA adopted _ general overview of key terms & concepts

On 1 April 2025, the Foreign Agents Registration Act was adopted. The Act is scheduled to enter into force on 31 May 2025, 60 days after its publication. This article provides general overview of key definitions & concepts. Considering the complexity of the Act, further in-depth analysis will follow on selected topics.

The Act introduces a prohibition to, among others, act as a Foreign Principal's Agent (FPA) without submitting the relevant application to the Anti-Corruption Bureau. Any FPA shall provide information required by the Bureau within 30 days after each 6-month period following the registration application and inform the Bureau about changes in its covered activities & transactions within 10 days.

In addition to registration and filing requirements, the Act sets information sharing and record-keeping obligations, providing the Bureau with broad rights of monitoring & control.

According to the Explanatory Note to the Act, Parliament explains the need for the new law by arguing that the 2024 Law on Foreign Influence Transparency failed to achieve the transparency objectives and preventive function. The Note suggests the adoption of this Act as an "exact analogue" of the US Foreign Agents Registration Act (FARA). The Note further stipulates that since the US state organization is characterized by high democratic standards and the US is famous as the best example of fighting anti-state outside interventions, the adoption of an exact analogue of US FARA would best ensure foreign influence transparency in Georgia.

As stated by the Parliament in the Explanatory Note, the Act is a copy-paste of the US regulation. Therefore, it is not surprising, but rather expected, that the Act includes sets of terminology and concepts not otherwise known in the Georgian legal system. This, in addition to the complex language of the Act, creates a number of uncertainties. Concepts or terms which are new to Georgian law or may otherwise create ambiguity due to the absence of a universal, general definition, are marked in this article by underline. For the purposes of clarity, English language translations of the terms of the Act are provided by us since no official English version is available yet at the Georgian Legislative Herald. Furthermore, since the Parliament claims that this Act is a mere adoption of US FARA, relevant English terms as used in US FARA are provided, where necessary, in [brackets]. Whenever the Acts defines the terms (such as, Political Activities, Public Relations Advisor etc.), we have provided those terms with First Letter Capitalized style.

The essential question under the Act comes as to its scope of application. The Act applies to FPAs subject to exceptions set out therein. Therefore, two key areas of assessment are: who qualifies as an FPA and who enjoys the exception from the registration obligation under the Act.

In the definition of FPA, three components should be evaluated: the existence of a Foreign Principal, a person acting for the interests (broadly) of the Principal, and categories of activities triggering qualification as an FPA.

In relation to Foreign Principals, the Act, at first glance, seems to be following the definition used in the Law on Transparency of Foreign Influence, but provides more specific language by including the following in this category:

• Foreign government or foreign political party

• Person being outside of Georgia (unless he/she is a Georgian citizen and has a permanent place of residence in Georgia or the person is a legal entity established and organized per Georgian law and has a principal place of business in Georgia)

• Group of partners ['partnership'], association, corporation, organization or physical persons' union ['combination of persons'] whose activities are governed under foreign law or who has a principal place of business in a foreign country

As for the relevant type of relationship between Foreign Principal and FPA, the Act refers to several different categories: agent, representative, employee or person at service ['servant'], acting based on one's direction ['order'], request, instruction or control, supervision, management, financed or subsidized by Foreign Principal.

If the relationship that a person has with a Foreign Principal fits the above categories, the final element of assessment comes into effect - whether the person carries out any of the activities covered under the Act, such as:

• Engagement in Political Activities

• Acting as Public Relations Advisor ['public relations counsel'], Advertisement Agent ['publicity agent'], Information Service Employee or Political Advisor ['political consultant']

• Finds ['solicits'], collects, allocates ['disburses'] or issues ['dispenses'] donations ['contributions'], loans, money or other things of value;

• Represents Foreign Principal's interests in any state authorities or before any official

• Person legally undertaking to be above or represents itself as such.

The Act specifically excludes news outlets from qualification as FPA.

Although falling into the qualification of FPA, the Act excludes the following from registration requirements:

• Diplomatic and consular officials and their personnel

• Foreign government officials

• Any person engaged or consenting to be engaged in the Exempted Private Activities.

Exempted Private Activities should be private and non-political, related to fundraising and may only include:

• Private & non-political activities for developing good faith trading ['furtherance of the bona fide trade or commerce'] with the Foreign Principal

• Activities not primarily ['predominantly'] serving the interests of the Foreign Principal

• Activities involving the collection of financial resources ['soliciting or collecting of funds'] and other donations for relieving human suffering in Georgia for only medical or humanitarian ['medical aid assistance'] or clothing and food gathering purposes if such activities derive from Georgia's international agreements and do not contradict such, provided that those activities derive from the rules and procedures established under Georgia's international agreements ['if such solicitation or collection of funds and contributions is in accordance with and subject to the provisions of subchapter II of chapter 9 of this title [title 22], and such rules and regulations as may be prescribed thereunder'].

• Religious, educational or scientific activities by the person consenting to or carrying out only such good faith activities, such as religious, charitable, academic, scientific or artistic activities ['activities in furtherance of bona fide religious, scholastic, academic, or scientific pursuits or of the fine arts']

• Protecting foreign government important for Georgia's defense purposes [intentionally skipped comparison]

• Persons carrying out lawyer activities in Georgia ['any person qualified to practice law'] representing Foreign Principal ['disclosed foreign principal'] in courts or before state bodies provided that the legal representation does not include impacting ['attempts to influence or persuade'] state authorities or persuading its personnel or officials except for carrying out justice ['judicial proceedings'], enforcement of criminal or civil procedure ['criminal or civil law enforcement inquiries'], investigation proceedings or duration of legal proceedings ['or agency proceedings'] when Georgian law mandatorily requires their implementation with appropriate form ['required by statute or regulation to be conducted on the record']

• FPA carrying out lobbyism and is registered accordingly.

Any intentional violation of the Act or misrepresentation in filings may result in up to 10,000 GEL fine and/or up to five years imprisonment. Failure to comply with the information dissemination control, registration-related notices or transaction compensation restrictions, may result in up to 5,000 GEL fine and/or up to 2 years imprisonment.

The Act establishes a specific liability regime for the employees ['liability of officers'] of the Foreign Principals. Head, manager or person carrying out the functions of head and/or manager ["each officer, or person performing the functions of a director'] has an obligation to perform application and document filing obligations as well as other requirements of the Act. Dissolution of the organization acting as FPA does not release such persons from responsibilities related to filling out the documentation as determined by the Act. Mentioned persons are liable for sanctions under this Act. If the foreigner is found guilty of violation of this Act, he/she may be deported from Georgia. Georgian courts are granted authority, based on the application of the Bureau, to compel the non-complying persons to cease the activities or comply with the relevant rules as well as to apply the interim or permanent measures that courts deem necessary.