on Lobbying

LAW OF GEORGIA

ON LOBBYING

Chapter I – General Provisions

Article 1 – Scope of the Law

1. This Law determines the procedures for registering as a lobbyist and regulates relations arising during such lobbying.

2. This Law does not apply to the procedures for adopting a decree of the President of Georgia or an order of the Commander-in-Chief.

Article 2 – Definition of terms used in the Law

The terms used herein have the following meanings:

a) lobbying – the influence exercised by a person registered as a lobbyist (hereinafter ‘a lobbyist’) on a representative or executive body for the purposes of introducing legislative changes that are permitted by the legislation of Georgia;

b) representative body – the Parliament of Georgia, the Supreme Council of an Autonomous Republic, and a representative body of a municipality;

c) executive body – the President of Georgia, the Government of Georgia, an executive authority, an executive body of a municipality;

d) legislative changes – the adoption of a normative act, or the modification or disapproval of a draft normative act.

Law of Georgia No 1253 of 20 September 2013 – website, 8.10.2013

Law of Georgia No 5010 of 27 April 2016 – website, 13.5.2016

Law of Georgia No 7019 of 15 July 2020 – website, 28.7.2020

Article 3 – Declaration of interests

1. Public servants are obliged to declare in writing their interests in entrepreneurial activities and with regard to this field as soon as they are elected, appointed to or approved for a position, or afterwards if such interests arise.

2. A member of parliament or other public servant who expresses his/her interests in the field of entrepreneurial activities in writing shall be entitled to refrain from participating in the review of an appropriate normative act.

Chapter II – Registering as a Lobbyist

Article 4 – Right to be registered as a lobbyist

The right to be registered as a lobbyist may be exercised by a legally capable citizen of Georgia except for the cases provided for by Article 6 of this Law.

Article 5 – Procedures for registration as a lobbyist

1. In order to be registered as a lobbyist, a person shall submit:

a) an application for registration as a lobbyist which shall indicate the name and surname, the place of residence, the place of work and the position of the applicant, a normative act (its derivative normative acts), a draft normative act (its derivative draft normative acts), the adoption or, accordingly, the modification or disapproval of which is in the interests of the applicant, as well as the contact address and telephone numbers of the applicant;

b) an identity card of a citizen of Georgia;

c) an assignment contract on the implementation of lobbying (hereinafter ‘the assignment’), which involves his/her influence on a representative or executive body for the purposes of introducing legislative changes;

d) a certificate of convictions.

2. If, in the assignment, there are one or more legal entities indicated as principals, the documents listed in paragraph 1 of this article shall have attached to them copies of the registration certificate(s) and the statute(s) of the legal entity(ies).

3. The documents indicated in paragraphs 1 and 2 of this article shall be submitted to:

a) the Bureau of the Parliament of Georgia, if the implementation of legislative changes provided for by the assignment is within the scope of authority of the Parliament of Georgia;

a¹) the Bureau/Praesidium of the Supreme Council of an Autonomous Republic, if the implementation of legislative changes provided for by the assignment is within the scope of authority of the Supreme Council of an Autonomous Republic;

b) the chairperson of a representative body of a municipality, if the implementation of legislative changes provided for by the assignment is within the scope of authority of such body;

c) the Head of the Administration of the President of Georgia, if the implementation of legislative changes provided for by the assignment is within the scope of authority of the President of Georgia;

c¹) the Head of the Administration of the Government of Georgia, if the implementation of legislative changes provided for by the assignment is within the scope of authority of the Government of Georgia or an agency of an executive authority;

d) (deleted – 5.2.2014, No 1966).

4. The Bureau of the Parliament of Georgia, the Bureau/Praesidium of the Supreme Council of an Autonomous Republic, the Head of a Municipality Assembly (Sakrebulo), the Head of the Administration of the President of Georgia, and the Head of the Administration of the Government of Georgia, shall make a decision on the registration of a person as a lobbyist within 15 working days from the submission of the documents provided for by paragraphs 1 and 2 of this article. If no decision is made within this time frame, a person shall be deemed to have been registered as a lobbyist.

5. A decision on the registration of, or on the refusal to register, a person as a lobbyist shall be notified to the lobbyist and the head of the appropriate structure (structural sub-unit) of a representative or executive body, or of the Administration of the President of Georgia, within three days from making such decision, which, within the scope of its authority, shall ensure the exercise of powers, as granted under this Law, by the lobbyist.

6. The Office of the Parliament of Georgia, the Office of the Supreme Council of an Autonomous Republic, the Office of a Sakrebulo of a Municipality, the Administration of the President of Georgia and the Administration of the Government of Georgia, shall keep the registry of lobbyists, which shall include:

a) data provided for by Article 1(a) of this Law;

b) a certificate on the termination of the legal status of a lobbyist, indicating the form and grounds for such termination.

Law of Georgia No 1253 of 20 September 2013 – website, 8.10.2013

Law of Georgia No 1966 of 5 February, 2014 – website 19.2.2014

Law of Georgia No 2362 of 2 May 2014 – website, 16.5.2014

Law of Georgia No 5010 of 27 April 2016 – website, 13.5.2016

Law of Georgia No 7019 of 15 July 2020 – website, 28.7.2020

Article 6 – Refusal to register as a lobbyist

1. A person shall be refused to be registered as a lobbyist if:

a) his/her official position is incompatible with lobbying;

b) he/she has been convicted of a crime committed against the State or of official misconduct;

c) data indicated in the application by him/her or documents submitted by him/her do not meet the requirements of this Law;

d) he/she has had the legal status of a lobbyist withdrawn on the basis of one of the grounds provided for by Article 8(3) of this Law.

2. A refusal of registration as a lobbyist shall be substantiated in writing.

3. A refusal of registration as a lobbyist may be appealed in a court.

Article 7 – Assignment

1. An assignment shall be formalised in accordance with the procedure established by the Civil Code of Georgia.

2. An assignment may involve the adoption of only a normative act (and of its derivative normative acts) or the modification or disapproval of only a draft normative act (and of its derivative draft normative acts).

3. A legal entity registered in Georgia (except for a budgetary enterprise and budgetary institution), or a group of at least 50 legally capable citizens of Georgia, may be presented as a principal in an assignment.

4. An assignment shall include the following necessary data:

a) the subject of agreement, indicating the legislative changes which the principal intends to introduce;

b) the reimbursement of the activities of the lobbyist, indicating the amount(s) and type(s) of reimbursement and the payment method(s) thereof.

Article 8 – Termination and withdrawal of the legal status of a lobbyist

1. The legal status of a lobbyist shall be terminated or withdrawn through its loss or withdrawal.

2. The grounds for losing the legal status of a lobbyist shall be:

a) the expiry of the term of assignment or the termination thereof;

b) the making of a final decision by a representative or executive body, or the President of Georgia on a normative act (and on its derivative normative acts) or on a draft normative act (and its derivative draft normative acts) provided for by an assignment.

3. The grounds for withdrawing the legal status of a lobbyist shall be:

a) the occurrence of circumstances that exclude the opportunity of a person to be registered as a lobbyist;

b) the failure to present a report in accordance with the procedures established by Article 13 of this Law;

c) the commission of an offence by a person, in the process of lobbying, against a member/public officer of a representative or executive body, or a public officer of the Administration of the President of Georgia, where he/she is lobbying, as well as in an administration building of such body.

4. The legal status of a lobbyist shall be withdrawn from a person by a decision of the official (authority) who (which) registered the lobbyist. A notification of the withdrawal of the legal status of a lobbyist shall be sent to the head of an appropriate structure (structural sub-unit) of a representative or executive body, or of the Administration of the President of Georgia, and to the person whose status has been withdrawn.

Law of Georgia No 4348 of 27 October 2015 – website, 11.11.2015

Law of Georgia No 138 of 21 December 2016 – website, 28.12.2016

Law of Georgia No 7019 of 15 July 2020 – website, 28.7.2020

Chapter III – Rights and Obligations of a Lobbyist and Legal Guarantees of Activities

Article 9 – Right to enter and move around an administration building of a representative body

1. A lobbyist shall be entitled to enter and move around an administration building of an appropriate representative or executive body, or of the Administration of the President of Georgia, within the regime established for public servants of such body (except for a special regime).

2. The Office of the Parliament of Georgia, the Office of the Supreme Council of an Autonomous Republic, the Office of a Sakrebulo of a Municipality, the Administration of the President of Georgia and the Administration of the Government of Georgia, and an agency of an executive authority, are obliged to issue the registration certificate provided for in paragraph 1 of this article not later than two working days from the registration of a person as a lobbyist.

Law of Georgia No 1253 of 20 September 2013 – website, 8.10.2013

Law of Georgia No 2362 of 2 May 2014 – website, 16.5.2014

Law of Georgia No 5010 of 27 April 2016 – website, 13.5.2016

Law of Georgia No 7019 of 15 July 2020 – website, 28.7.2020

Article 10 – Right to participate in the public hearing of a draft normative act

1. A lobbyist shall be entitled to attend all stages of the public hearing organised by a structure (structural sub-unit) of the representative body, concerning a draft normative act (and their derivative draft normative acts) provided for by an assignment. During the public hearing, a lobbyist may be given time to contribute to debate concerning the said draft normative act (and its derivative draft normative acts), on the basis of an appropriate decision of a structure (structural sub-unit) of the representative body, within the time allotted for such lobbyist.

2. A lobbyist shall be entitled to attend a closed meeting, and contribute to debate regarding matters provided for by an assignment, except for the special cases determined by law.

3. The head of a structure (structural sub-unit) referred to in paragraph 1 of this article shall send to a lobbyist's contact address, as indicated in the application referred to in Article 5(1)(a) of this Law, a written notification of a public hearing of a draft normative act (and its derivative draft normative acts) provided for by an assignment, not later than two days before the public hearing.

4. A lobbyist shall be entitled to attend an open meeting of a representative body, taking a seat specially allocated for public representatives in accordance with the regulation of such body.

5. A lobbyist shall be entitled to make a speech for the allotted time in a representative body during a public hearing, except at plenary sessions, of a draft normative act provided for by an assignment.

6. A lobbyist shall be entitled to attend a public hearing of a draft normative act provided for by an assignment at an executive body or the Administration of the President of Georgia, or its structures (structural sub-units), and the head of an appropriate body or structure (structural sub-unit) shall notify the lobbyist of the time and place of the public hearing by sending a notification to the contact address, as indicated in the  application provided for by Article 5(1)(a) of this Law, not later than two days before the public hearing. A lobbyist may be granted the right to make a speech for the allotted time in an executive body or the Administration of the President of Georgia with the consent of the head of an executive body or the structure (structural sub-unit) of the Administration of the President of Georgia during the public hearing of a normative act provided for by an assignment.

7. A lobbyist shall be entitled to present to an appropriate representative or executive body, or the Administration of the President of Georgia, his/her written comments and opinions on a draft normative act provided for by an assignment. Such comments and opinions shall be attached to the draft normative act.

Law of Georgia No 7019 of 15 July 2020 – website, 28.7.2020

Article 11 – Right to receive information

A lobbyist shall be entitled to become familiar with official materials kept in an appropriate representative or executive body, or the Administration of the President of Georgia, on a draft normative act provided for by an assignment, as well as to make copies in accordance with established procedure on the basis of a written request, and not later than two working days from such request, unless otherwise provided for by the legislation of Georgia.

Law of Georgia No 7019 of 15 July 2020 – website, 28.7.2020

Article 12 – Right to meet a member of a representative body

1. A lobbyist shall be entitled to meet a member of an appropriate representative body in accordance with the procedures for meeting citizens established by the legislation of Georgia.

2. A lobbyist shall be entitled to meet a member of an appropriate representative body with regard to a draft normative act provided for by an assignment on the basis of a written request.

3. A request of a lobbyist with regard to meeting a member of a representative body, indicating the topic and desired time of meeting, shall be submitted to the office of the representative body, which shall forward it to an appropriate member of the representative body at the place of work. A member of a representative body is obliged to respond to a request of a lobbyist in writing by sending a notification to a contact address, as indicated in an application provided for by Article 5(1)(a) of this Law, not later than one working week from the receipt of the application.

Article 13 – Report of a lobbyist

1. A lobbyist is obliged to present a report, not later than within the first 10 days of each month, and also within 10 days from the day of termination of the legal status of the lobbyist, which shall comprise the following data:

a) any money transferred to him/her for the purposes provided for by an assignment, and other tangible and intangible assets transferred, the amount of money, the type(s) of other tangible and intangible assets, the date and conditions of the transfer(s), as well as the name(s) of the person(s) performing such transfer(s);

b) the costs incurred by the lobbyist for the performance of an assignment, indicating the purposes, dates and conditions of incurring such costs.

2. A report shall have attached any official copies of documents that verify the data indicated in the report.

3. A report shall include data available before the first day of the month in which it has been drawn up.

4. A report shall be submitted to the official (body) who registered the person as a lobbyist, and, respectively, it shall be kept with the Office of the Parliament of Georgia, the Office of the Supreme Council of an Autonomous Republic, the Office of a Sakrebulo of a Municipality, the Administration of the President of Georgia or the Administration of the Government of Georgia, for two years after the date of the submission of the report.

5. The day of submitting a report to the Office of the Parliament of Georgia, the Office of the Supreme Council of an Autonomous Republic, the Office of a Sakrebulo of a Municipality , the Administration of the President of Georgia or the Administration of the Government of Georgia, shall be respectively deemed the date of the submission of the report.

Law of Georgia No 1253 of 20 September 2013 – website, 8.10.2013

Law of Georgia No 1966 of 5 February, 2014 – website 19.2.2014

Law of Georgia No 2362 of 2 May 2014 – website, 16.5.2014

Law of Georgia No 5010 of 27 April 2016 – website, 13.5.2016

Article 14 – Publicity of lobbying

Lobbying shall be public. Any citizen of Georgia shall be entitled to become familiar with and make copies of documents and reports submitted to a representative or executive body, or to the President of Georgia, by a lobbyist.

Law of Georgia No 7019 of 15 July 2020 – website, 28.7.2020

Article 15 – Organisation of lobbying

A lobbyist shall be entitled to carry out lobbying both independently and through various associations of lobbyists created in accordance with procedures established by law.

Chapter IV – Final Provision

Article 16 – Entry of the Law into force

This Law shall enter into force upon its promulgation.

President of Georgia                                       Eduard Shevardnadze

Tbilisi

30 September 1998

No 1591–IIs