On the Approval of the Procedure for Administration and Enforcement of the Foreign Agents Registration Act

 

LEPL − Head of Anti-Corruption Bureau

Order N 10

May 31, 2025

Tbilisi City

On the Approval of the Procedure for Administration and Enforcement of the Foreign Agents Registration Act

On the basis of Article 9 of the Law of Georgia – Foreign Agents Registration Act, paragraph 2, Article 20¹⁷ of the Law of Georgia On Combating Corruption” and paragraph 3, Article 4 of the Regulations of the Legal Entity of Public Law – Anti-Corruption Bureau, approved by Order N 5 of August 5, 2024 of the Head of the LEPL − Anti-Corruption Bureau, I order:

Article 1

The Procedure for Administration and Enforcement of the Foreign Agents Registration Act and the attached forms shall be approved:

1. Form of the initial statement in accordance with Annex No 1;

2. Information on the foreign principal in accordance with Annex No 2;

3. Information on the existing agreements between the registrant and the foreign principal in accordance with Annex No 3;

4. Additional information related to the registrant in accordance with Annex No 4;

5. Information on financial status in accordance with Annex No 5;

6. Short registration form in accordance with Annex No 6;

7. Supplement statement form in accordance with Annex No 7;

8. Statement for registration of amendments in accordance with Annex No 8;

9. Final statement in accordance with Annex No 9;

10. informational materials submission form in accordance with Annex No 10;

11. Form of an oath in accordance with Annex No 11.

 

Article 2

This order shall enter into force upon publication.

 

Head of the LEPL- Anti-Corruption Bureau                Razhdeni Kuprashvili

 

 

Procedure for Administration and Enforcement of the Foreign Agents Registration Act

 

Chapter I – General Provisions

 

Article 1. Subject of Regulation

The Procedure for Administration and Enforcement of the Foreign Agents Registration Act (hereinafter – the Procedure) has been developed in accordance with the Law of Georgia – Foreign Agents Registration Act (hereinafter – the Law), and it establishes the rule and procedure for the administration and enforcement of this Law by the Anti-Corruption Bureau (hereinafter – the Bureau), a legal entity of public law.

 

Article 2. Definition of Terms

The terms used in this Procedure shall have the following meanings:

a) electronic database – a set of registered data placed on the website (www.fara.acb.gov.ge) administered by the Bureau, which contains information on registration statements and updates submitted under the Law with the function of searching, organising and sorting;

b) registrant – any person who has submitted a registration statement to the Bureau;

c) related person – an agent, partner, representative, director, employee, consultant, manager, etc. of a person who is obliged to be registered as an agent of a foreign principal;

d) initial statement – a statement that is submitted to the Bureau in accordance with the first paragraph of Article 2 of the Law, together with the annexes approved under this Procedure (Annex No 2, Annex No 3, as well as, where necessary, Annex No 4, Annex No  5);

e) supplement statement – a statement that is submitted to the Bureau in the case provided for by paragraph 2 of Article 2 of the Law, in accordance with Annex No 7 approved under this Procedure;

f) statement for registration of amendments – a statement that is submitted to the Bureau where an amendment is required based on sub-paragraphs “c”, “d”, “f” or “i” of paragraph 1 of Article 2 of the Law, or where the registrant is required to eliminate a deficiency, in accordance with Annex No 8 approved under this Procedure;

g) short form registration statement – a statement that is submitted to the Bureau by a person related to the person who is obliged to be registered as an agent of a foreign principal, in accordance with Annex No 6 approved under this Procedure;

h) registration statement – an initial statement, supplement statement, statement for registration of amendments and short form registration statement;

i) final statement – a statement that is submitted to the Bureau on the termination of the registration obligation provided for by paragraph one of Article 2 of the Law, in accordance with Annex No 9 approved under this Procedure;

j) control or any manifestation of it – for the purposes of sub-paragraph “c.a” of Article 1 of the Law and this Procedure, means the exercise, by means of voting rights, by virtue of an agreement or otherwise, of direct or indirect ownership or power, which may influence the direction of a person’s activities or his/her actions;

k) informational materials – any material, during the dissemination of which a person believes or has grounds to believe, or intends to influence, in any manner, any state institution or official, or a segment of the public, including the formation, adoption or change of domestic or foreign policy, or the political or public interests, policies or relations with a foreign government or a foreign political party. The informational materials that complies with this definition must contain a prominent indication that it is disseminated on behalf of a foreign principal. The form or method of dissemination of informational materials – whether printed, electronic or otherwise – does not change the circumstance that it complies with this definition of informational materials;

l) prominent indication- an easily perceptible,  clearly displayed and easily identifiable indication for the informational materials disseminated by an agent of a foreign principal on behalf of a foreign principal that has been adapted to the means of dissemination of information, which confirms that the informational materials has been disseminated by an agent of a foreign principal on behalf of a foreign principal, with a reference to the name and country of the foreign principal, as well as to the fact that the additional information related to the informational materials is kept in the Bureau.

 

Chapter II – Registration

 

Article 3. Registration and publication

1. Registration shall be performed by filing a registration statement to the Bureau.

2. Except where a defect has been identified during the formal verification, the Bureau shall, within 3 working days of the submission of the initial registration statement, publish the following annexes in the electronic database: The initial statement form in accordance with Annex No 1; information on the foreign principal in accordance with Annex No 2; information on the agreements between the registrant and the foreign principal in accordance with Annex No 3; also, additional information (if any) related to the registrant in accordance with Annex No 4; information on financial status in accordance with Annex No 5; a short registration form in accordance with Annex No 6, unless otherwise decided by the Head of the Bureau.
 The initial registration of the registrant shall be performed by the Bureau by publishing the annexes provided for by this paragraph in full or in part.

3. A person shall not act as an agent of a foreign principal unless he/she has filed with the Bureau an authentic and fully completed initial registration statement. Before the completion of the initial registration, any activity of a registrant with the registration obligation for the benefit of a foreign principal shall be considered unlawful.

4. A short form registration statement shall be filed with the Bureau within the period prescribed for filing an initial statement, in accordance with Annex No 6 approved under this Procedure.

5. A supplement statement shall be filed with the Bureau within 30 days after the expiration of every 6 months from the date of completion of the initial statement, for the duration of the obligation to register the relationship between the principal and the agent, in accordance with Annex No 7 approved under this Procedure. Except where a defect is identified during the formal verification, the Bureau shall publish Annex No 7 in the electronic database within 3 working days from the submission of the supplement application, unless a different decision has been made by the Head of the Bureau.

6. The statement for registration of amendments, based on sub-paragraphs “c”, “d”, “f” or “i” of paragraph one of Article 2 of the Law, shall be submitted to the Bureau within 10 days, in accordance with Annex No 8 approved under this Procedure. Except where a defect is identified during the formal verification, the Bureau shall publish Annex No 8 in the electronic database within 3 working days from the submission of the supplement statement, unless a different decision has been made by the Head of the Bureau.

7. The annexes and relevant documents approved under this Procedure shall be submitted to the Bureau electronically, through the website administered by the Bureau, under an oath. The registrant shall be responsible for the accuracy and authenticity of the information indicated in the annexes and relevant documents. If there are appropriate grounds, the registration statement may also be submitted in another form established by the Bureau.

8. The Bureau shall be entitled to request the submission of a signed registration statement as a hard copy. The registrant shall be obliged to submit the above documentation under oath within 10 days of the request. The registrant shall be responsible for the accuracy and authenticity of the information indicated in the annexes and relevant documents.

 

Article 4. Initial statement

1. The registrant shall submit the following annexes during the registration of each foreign principal:

a) initial statement form – in accordance with Annex No 1 approved under this Procedure;

b) information on a foreign principal – in accordance with Annex No 2 approved under this Procedure;

c) information on the agreement and cooperation between the registrant and each foreign principal, regarding the performance of such agreement or the nature and methods of cooperation, as well as all the activities that the registrant carries out or will carry out as an agent of the foreign principal, including information on whether the implementation of the above activities includes political activities defined in sub-paragraph “l” of Article 1 of the Law – in accordance with Annex No 3 approved under this Procedure.

2. Any subsequent changes to Annex No 2 and Annex No 3 shall be notified to the Bureau within 10 days of the occurrence of such changes in accordance with Annex No 8 approved under this Procedure. The Bureau shall be authorised to require the registrant to resubmit Annex No 2 and Annex No 3.

3. If the registrant is a legal entity, including a group of partners, an association, a corporation, a non-profit (non-commercial) legal entity or any other association of natural persons, the information shall be submitted to the Bureau in accordance with Annex No 4 approved under this Procedure.

4. If the registrant receives/takes contributions, loans, funds or any other material values, or provides for the receipt or collection thereof as part of a fund-raising campaign for or on behalf of his/her foreign principal, the information shall be submitted to the Bureau in accordance with Annex No 5 approved under this Procedure. It shall reflect information on the amount of cash or material values received or collected, as well as the names and addresses of the persons from whom the cash or material values were received or collected. Also, the amount of cash or description of the item transferred to the foreign principal, indicating the form and time of transfer.

5. Upon a grounded written statement of the registrant, the information submitted by him/her that is provided for by paragraphs 3 and 4 of this article, may, by the decision of the Bureau, be considered confidential in full or in part. This shall not exempt the registrant from the obligation to submit such information to the Bureau.

6. The 60-day period specified in sub-paragraphs “e”, “g” and “h” of paragraph one of Article 2 of the Law shall include the last 60 days before the registrant becomes subject to the registration obligation.

 

Article 5. Supplement statement

1. A supplement statement shall be submitted to the Bureau in accordance with Annex No 7 approved under this Procedure.

2. The obligation to submit a supplement statement at 6-month intervals shall continue for the period of the registration obligation, regardless of whether the registrant was involved in any activity for the benefit of or in the interests of a foreign principal during this period.

3. A supplement statement shall be submitted to the Bureau within 30 days after the expiry of every 6 months from the date of submittal of the registration statement. The Head of the Bureau shall be authorised to extend the deadline for submitting a supplement statement on the basis of a grounded written statement.

4. The Bureau shall submit a reminder notice to the agent of the foreign principal and inform him/her about the obligation to submit a supplement statement.  Non-receipt of the reminder notice shall not exempt the agent of the foreign principal from the obligation to submit supplement statements in a timely manner.

5. The formal examination and publication procedures established in Article 13 of this Procedure shall apply to the consideration of the supplement statement.

 

Article 6. Statement for registration of amendments

1. An amendment may be made to an initial, supplement or final statement in accordance with Annex No 8 approved under this Procedure.

2. A change to the information included in an initial or supplement statement on the basis of sub-paragraphs “c”, “d”, “f” and “i” of paragraph one of Article 2 of the Law shall be made in accordance with Annex No 8 approved under this Procedure, unless the Bureau establishes a different form for submitting the amendment.

3. The formal examination and publication procedures established by Article 13 of this Procedure shall apply to the consideration of statement for registration of amendments.

 

Article 7. Short form registration statement

1. Except for the cases provided for by paragraphs 2 and 3 of this article, persons related to a person who is subject to registration as an agent of a foreign principal shall submit a registration statement in accordance with the law. Unless the Bureau takes another decision, this obligation may be fulfilled by submitting a short form registration statement in accordance with Annex No 6 approved under this Procedure.

2. Unless the Bureau takes another decision, a short form registration statement shall not be completed if persons related to the registrant/person subject to registration as an agent of a foreign principal are not directly engaged in activities that are subject to registration for the benefit of or in the interests of the foreign principal.

3. Unless the Bureau takes another decision, the short form registration statement shall not be completed if the services provided by a person related to the registrant/person subject to registration as an agent of a foreign principal for the benefit of or in the interests of the foreign principal are limited to records management/organisational or similar activities.

4. When the agent of the registrant/person subject to registration as an agent of a foreign principal is a group of partners, an association, a corporation, a non-entrepreneurial (non-commercial) legal entity or any other association of natural persons to which the exceptions provided for by paragraphs 2 and 3 of this article do not apply, the short form shall be completed only by the natural person related to the agent of the registrant/person subject to registration as an agent of a foreign principal who is directly involved in the activity that is subject to registration for the benefit of or in the interests of the foreign principal.

5. In the case of any such amendment that affects the information on the nature of the services provided by the person submitting the short form registration statement and/or the information provided on the compensation, other remuneration or benefits received by him/her, the person shall be obliged to submit a new short form registration statement within 10 days from the date of the amendment in accordance with Annex No 6 approved under this Procedure.

6. The formal examination and publication procedures established by Article 13 of this Procedure shall apply to the consideration of the short form registration statement.

 

Article 8. Final statement and grounds for termination of registration

1. The registrant shall, not later than 30 days from the termination of the registration obligation, submit a final statement in accordance with Annex No 9 approved under this Procedure, for the period of the relationship with the foreign principal not covered by the previously submitted statements Except where a deficiency is identified during the formal verification, the Bureau shall publish Annex No 9 in the electronic database within 3 working days of the submission of the final statement, unless the Head of the Bureau takes another decision.

2. Registration shall be terminated on the grounds of submission of the final statement if the registrant fully fulfils the obligations assumed by the Law.

3. Registration may be terminated if it is established that the registrant is unable to submit the relevant documents due to death, limited capabilities or liquidation, or where the statutory requirements cannot be met by continuing the registration.

4. Where the activities of the foreign principal of the registrant are subject to the exception provided for by Article 3 of the Law, he/she shall be entitled to submit a final statement in accordance with Annex No 9 approved under this Procedure, regardless of the continuation of the agent relationship with the foreign principal.

 

Article 9. Exceptions

1. In the case of a request for exemption from the obligation provided for by Article 2 of the Law, the burden of proof shall lie with the person in whose favour the request for exemption from the obligation has been submitted, except for the case provided for by paragraph 5 of Article 2 of the Law.

2. A diplomatic and consular official who is considered to be properly accredited in accordance with sub-paragraph “a” of Article 3 of the Law shall be automatically exempted from the obligation provided for by Article 2 of the Law Proper accreditation shall mean that a diplomatic and consular official is recognised by the Ministry of Foreign Affairs of Georgia in the manner prescribed by the legislation of Georgia.

3. The basis for the statement of the exceptions provided for by sub-paragraphs “b” and “c” of Article 3 of the Law shall be the decision of the Anti-Corruption Bureau.

4. A person shall be exempt from the obligation provided for by Article 2 of the Law if, with regard to private and non-political activities and fund-raising, he/she is engaged or agrees to engage only:

4.1. in private and non-political activities, in order to develop trade with a foreign principal in good faith. The term trade means the exchange, transfer, purchase or sale of any kind of goods, services or property;

4.2. in the activities, which do not primarily serve the interests of a foreign country;

4.3. in the activities that involve the collection of financial resources and other types of donations in Georgia in order to alleviate human suffering only for the purpose of collecting medical and humanitarian or clothing and food, if this activity arises from the international treaties of Georgia and does not contradict them.

5. The activities of an agent of a foreign principal, as defined in sub-paragraph “c” of Article 1 of the Law, for the purpose of promoting the trade in good faith, commerce, tourism or recreational business of that foreign principal shall be considered as a “private legal relationship”, regardless of the fact that the foreign principal is subject to or controlled by the government of the foreign country, as long as such activities do not directly or indirectly promote the public and/or political interests of the government of the foreign country.

6. A person who carries out activities on behalf of a foreign corporation, regardless of whether it is owned by a foreign government in full or in part, shall not be considered to be acting primarily in the interest of a foreign country when his/her activities directly serve the performance, in good faith, of the foreign corporation`s commercial, industrial, financial, tourist or recreational business operations, except where his/her activities are in any manner directed by or subject to the influence of a foreign government or a foreign political party, and directly or indirectly promote the public or political interests of the foreign government or foreign political party.

7. The exception provided for by sub-paragraph “e” of Article 3 of the Law shall not apply to any person referred to therein if he/she or she is engaged in political activities as defined in sub-paragraph “n” of Article 1 of the Law.

8. A person carrying out activities as a lawyer shall be exempted from the obligation provided for by Article 2 of the Law, where he/she serves as a representative of a foreign principal before the courts of Georgia or any state institution, in accordance with the legislation of Georgia, within the framework of legal proceedings,  provided that such representation does not include:

8.1. influencing a state institution of Georgia or persuading its personnel or officials where such action does not arise from the purposes of the legal proceedings;

8.2. political activities.

9. For the purposes of sub-paragraph “h” of Article 3 of the Law, the burden of proof shall lie with the person who requests exemption from the obligation provided for by Article 2 of the Law. In this case, the Bureau shall accept the decision on the registration as a lobbyist in accordance with the Law of Georgia On Lobbying Activities as evidence (prima facie). The exception provided for by sub-paragraph “h” of Article 3 of the Law shall not apply if the ultimate beneficiary of the lobbying activities is a foreign government or a foreign political party, or the person carrying out lobbying activities is, despite being registered as a lobbyist, directly or indirectly controlled by a foreign government or a foreign political party.

10. The Head of the Bureau shall, at any time, be authorised to make a decision on the exemption of a person from the obligation provided for by Article 2 of the Law, in accordance with paragraph 5 of Article 2 of the Law.

 

Article 10. Informational materials

1. informational materials, in accordance with paragraph one of Article 4 of the Law, shall be submitted to the Bureau not later than 48 hours from the start of the dissemination of the informational materials, in accordance with Annex No 10 approved under this Procedure.

2. In case of submission of informational materials in accordance with paragraph 1 of this Procedure, upon further dissemination of the same material, the registrant shall not be obliged to forward additional copies of the informational materials to the Bureau.

3. Unless otherwise determined by the Head of the Bureau, the registrant shall not be obliged to submit a copy of the informational materials that is transmitted in the form of a moving image and that he/she disseminates on behalf of his/her foreign principal, if he/she submits a monthly report on the dissemination of the informational materials. In this case, the registrant shall be obliged to submit to the Bureau each time a copy of the snapshot of the moving image that confirms the prominent placement of the relevant indication, in accordance with paragraph 2 of Article 4 of the Law.

 

Article 11. Prominent placement of the relevant indication for informational materials

1. For the purposes of this Procedure, the relevant indication for informational materials shall be considered to be prominent when, at the very beginning, the material is marked or stamped with a statement containing such information that meets the requirements of paragraph 2 of Article 4 of the Law and sub-paragraph “n” of Article 2 of this Procedure.

2. Prominent indication for the printing informational materials shall be placed in the language of that material, at the very top thereof.

3. The informational materiasl that is not in printed form shall be accompanied by a statement that contains the information required by paragraph 2 of Article 4 of the Law and sub-paragraph “n”Article 2 of this Procedure.

4. The informational materials that has been or is to be transmitted by television or any other means of information dissemination by an agent of a foreign principal shall be preceded by a prominent indication in compliance with the requirements of paragraph 2 of Article 4 of the Law and sub-paragraph “n” of Article 2 of this Procedure. Such prominent indication shall be adapted to the means of information dissemination. Where the duration of the informational materials exceeds one hour, a prominent indication shall be made once in an hour and upon completion of the dissemination of the informational materials.

5. An agent of a foreign principal who transmits a moving or immovable image by mail, or through the means of interstate relations or foreign trade or other instruments, or causes its transmission, shall be obliged to make a prominent indication at the very beginning of the dissemination.

6. For the purposes of paragraph 4 of Article 4 of the Law, a request to provide information containing political propaganda or to receive information or advice shall be preceded or accompanied by a written, prominent and accurate statement confirming that the person has been registered as an agent of a foreign principal in accordance with the law.

 

Article 12. Grounds for and procedure of registration

1. The grounds for registration shall be the registration application.

2. Within the framework of the registration procedure, the Bureau shall provide for the following:

a) collection of information;

b) establishment of facts;

c) request for information;

d) questioning/interrogation of a witness before a magistrate judge;

e) taking of other relevant measures specified by law.

 

Article 13. Formal verification and publication of the registration application

1. The Bureau shall determine the formal compliance of the submitted registration application with the requirements of the law within 3 working days. This period may be extended for a reasonable term by decision of the Head of the Bureau.

2. After completion of the formal verification, the registration application shall be published in the electronic database in the manner provided for by Article 3 of this Procedure, unless the Head of the Bureau takes another decision.

 

Article 14. Substantive verification of the registration application

1. The Bureau shall verify the completeness and accuracy of the content of the registration application.

2. In the case of submitting a registration application during the dissemination of informational materials, the Bureau shall additionally verify whether the requirements of Article 4 of the Law have been met.

 

Article 15. Establishment of deficiencies

1. If, as a result of the formal verification, it is established that the registration statement fails to meet the requirements of the Law, the Bureau shall forward a notification to the registrant via the electronic database, explaining the nature of the deficiency and requiring its elimination within 3 working days.

2. If, as a result of the substantive verification, it is established that the content of the registration statement is incomplete and/or inaccurate, the Bureau shall forward a notification to the registrant via the electronic database, explaining the nature of the deficiency and requiring its elimination and/or submission of additional information or document within a period of not more than 10 days.

3. In case of full or partial non-compliance with the requirements provided for by paragraphs 1 and 2 of this Article, the Bureau shall, within 5 working days, files a motion to the court requesting to order the registrant to eliminate the deficiency and/or to submit additional information or document. In accordance with paragraph 5 of Article 8 of the Law, the Bureau may also apply to the court with a request to oblige a person/agent of a foreign principal to comply with the law or a regulation established on the basis of that law, to cease any action that violates the law or a regulation established on the basis of that law and/or to cease acting as an agent of a foreign principal, or to apply seizure or other remedies. By decision of the Bureau, the relevant case materials may be sent to the investigative agency for further response.

4. The action of the registrant as an agent of a foreign principal shall be considered unlawful after the expiration of 10 or more days from the date of receipt of the notification specified in paragraphs 1 and 2 of this article, regardless of whether an amended registration statement is submitted that fully complies with the requirements of this Law.

 

Article 16. Order to submit a registration statement

1. The basis for the order to submit a registration statement shall be the inspection report provided for by Article 22 of this Procedure that is based on the results of the inspection.

2. Based on the inspection report, the Bureau shall address the person in writing and request the submission of a registration statement within 10 days.

3. In the case of full or partial incompliance with the request, the Bureau shall, within 5 working days, apply to the court with a request to order the person to submit a registration statement. In accordance with paragraph 5 of Article 8,  of the Law, the Bureau may apply to the court with a request to oblige a person/agent of a foreign principal to comply with the law or a regulation established on the basis of the law, to cease any action that violates the law or a regulation established on the basis of the law and/or to cease acting as an agent of a foreign principal, or to apply seizure or other remedies. By decision of the Bureau, the relevant case materials may be sent to the investigative agency for further response.

4. Where it is established that a person may have committed, commits or may commit, in the future, a violation of the law, the case materials, by decision of the Bureau, may be sent to the investigative agency for further response.

 

Article 17. Results of registration proceedings

1. If no deficiencies were identified during the registration proceedings or the registrant eliminated the deficiencies within the prescribed time frames, the registration proceedings shall be completed not later than 3 months from the date of filing the registration statement.

2. If a deficiency was identified during the registration proceedings and was not eliminated within the prescribed time frames, the Bureau shall terminate the registration proceedings. The Bureau shall be authorised to transmit the relevant materials to the investigative agencies for further response.

3. If at any stage of the procedure provided for by Article 16 of this Procedure or the registration proceedings, it is established that the registrant is engaged or intends to engage in an action that violates any provision of the law or a regulation established on the basis of the Law, in accordance with paragraph 5 of Article 8 of the Law, the Bureau may apply to the court with a request to oblige the registrant/agent of a foreign principal to comply with the paw or a regulation established on the basis of the Law, to cease any action that violates the Law or a regulation established on the basis of the Law and/or to cease acting as an agent of a foreign principal, or to apply seizure or other remedies.

4. If at any stage of the registration proceedings, it is established that the registrant is violating any provision of the Law, the Bureau shall be authorised to apply to the investigative agencies for further response.

5. If it is determined that the registrant is not subject to registration, or the registrant or the agent of a foreign principal is subject to the exception provided for by paragraph 5 of Article 2 or Article 3 of the Law, the Bureau shall terminate the registration proceedings.

 

Article 18. Language of registration proceedings and requirements for the registration statement

1. The registration statement shall be submitted to the Bureau in Georgian language. In case of submission of foreign language documents, the Bureau shall be entitled to request that the translation of the documents is duly certified.

2. A new registration statement shall be filled in independently of the previously submitted registration statement.

 

Article 19. Record-keeping and transfer of information

1. The Bureau shall provide for the registration and archiving of the statements, attached documents and informational materials received electronically and/or as a hard copy in accordance with the legislation.

2. For the purpose of public monitoring (inspection), the Bureau shall, in accordance with the first paragraph of Article 6 of the Law, be obliged to provide copies of documentation to the person concerned upon the latter`s request and upon payment of the relevant fee.

3. The fee for issuing copies of documentation shall be established by an order of the Head of the Bureau.

 

Chapter III – Inspection

 

Article 20. Grounds for initiating and tasks of an inspection

1. The ground for initiating an inspection shall be the fact of an alleged violation of the law identified as a result of the processing and analysis of the information obtained by the Bureau.

2. The objectives of the inspection shall be:

a) identification of a person subject to registration as an agent of a foreign principal and examination of his/her activities;

b) identification of a potential violation of the rules for the dissemination of informational materials in accordance with the interests of the foreign principal;

c) monitoring of the activities of the agent of a foreign principal;

d) identification of an alleged violation of other obligations provided for by law.

 

Article 21. Processing and analysis of the information obtained

1. The functions of the Bureau for the purpose of inspection shall be:

a) continuous monitoring of the information disseminated through public sources;

b) continuous monitoring of the activities of the persons who influence the political or public processes in the country and who are or may be agents of a foreign principal;

c) any other function specified by law that is necessary for the enforcement of the law.

2. During the inspection process, the Bureau shall provide for the following:

a) collection of information;

b) request of information;

c) establishment of facts;

d) questioning/interrogation of a person before a magistrate judge;

e) implementation of other relevant measures provided for by law.

 

Article 22. Conclusion of the inspection

1. In order to fully examine the circumstances during the inspection process, the Bureau shall, where necessary, address the person with a letter of inquiry and request the submission of additional information or documents within 10 days.

2. If the person fails to provide the information within the prescribed period, the Bureau shall file a relevant motion to the court within 5 working days. In accordance with paragraph 5 of Article 8 of the Law, the Bureau may additionally apply to the court with a request to oblige the person/agent of a foreign principal to comply with the Law or a regulation established on the basis of the Law, to cease any action that violates the Law or a regulation established on the basis of the Law and/or to cease acting as an agent of a foreign principal or to apply seizure or other remedies. By decision of the Bureau, the relevant case materials may be submitted to the investigative agency for further response.

3. As a result of the inspection, the Bureau shall draft a grounded conclusion on the presence/absence of a violation of the law.

4. The conclusion of the inspection, together with the relevant materials, may serve as the basis for initiating registration proceedings.

 

Chapter IV – Documents and Records

 

Article 23. Obligation of the registrant and the agent of the foreign principal to keep evidence

1. The registrant and the agent of the foreign principal, in accordance with Article 5 of the Law, shall keep the following documents and records:

a) correspondence sent and received by any means of communication, as well as all types of notices and written communications, with any foreign principal and any other person related to his/her activities of on behalf of or in its interests of the foreign principal;

b) correspondence sent and received by any means of communication, as well as all types of notices and written communications, with any person regarding his/her own political activities or those of any of his/her foreign principals;

c) a certified copy of all written agreements between him/herself and any of his/her foreign principals;

d) records containing the identity and address of all the persons, or a description of the target group to whom the informational materials was forwarded;

e) all the accounting and other financial records relating to the activities he/she carries out on behalf of any of his/her foreign principals, including bank statements and income and expenditure records, specifying the names and addresses of all the persons who paid to him/her, or from whom he/she received funds, as well as the amount and date of each payment or receipt;

f) if the registrant/agent of the foreign principal is a group of partners, an association, a corporation, a non-profit (non-commercial) legal entity or any other association of natural persons, any documents and/or other accounting and financial records relating to its management and/or activities. The documents must include information on the names and addresses of all his/her related persons, including of those persons who no longer act as related persons;

g) other documents and records that are necessary for a comprehensive understanding of the activities subject to registration.

2. The documents and records listed in paragraph one of this article shall be kept in the manner that is readily accessible for inspection, under Article 5 of the Law.

3. A person shall keep the documents and records specified in paragraph 1 of this Article produced during the period when he/she acted as an agent for 3 years after the termination of his/her registration.

4. The Head of the Bureau, upon a grounded written request, may allow the applicant to destroy the documents and records that were submitted 5 years or more before the request for destruction, within the framework of the registration of the initial or supplement statement.

 

Chapter V – Consultation and issuance of an advisory opinion

 

Article 24. Consultation

1. Consultation shall be provided by telephone, e-mail, chat on the website or consultation at the office of the Bureau. Consultation may only cover technical issues related to the registration of the statement.

2. Consultation shall, as a rule, be provided immediately, except where additional information is required. In the latter case, consultation shall be provided not later than 2 working days from the receipt of the request.

3. Consultation shall be provided based on the information provided to the Bureau by the person requesting consultation and within the scope of this information. The person requesting consultation shall be responsible for the authenticity, accuracy and completeness of the information provided to the Bureau.

4. The course of the consultation procedure shall not exempt the person from the obligations provided by the Law.

 

Article 25. Procedure for issuing an advisory opinion

1. Any current agent of a foreign principal or a person subject to potential registration, or their representative, may apply to the Bureau for an advisory opinion on his/her activities carried out, expenses incurred, receipt of funds or material values, or transactions, as well as on whether or not they are subject to registration under the Law.

2. The content of the statement for an advisory opinion shall be specific and shall include detailed information on the current activities, expenses, receipt of funds or material values, and relevant transactions, including:

a) the identity(identities) of the agent(s) and the foreign principal(s);

b) the nature of the activities of the agent for the benefit or interests of the foreign principal;

c) a copy of the existing or proposed written agreement with the foreign principal or a full description of the time frames and terms of each existing/proposed oral agreement;
 

d) a reference to the specific article of the Law in the case of a request for exemption from registration.

3. In the case of application to the Bureau by a natural person, the statement shall be signed by the person subject to the potential registration or the agent of the foreign principal. Where the registrant is not a natural person, the statement shall be signed by the relevant authorised person (manager, director, representative, etc.). All signatories to the statement shall certify that the statement contains true, correct and complete information

4. Upon request by the Bureau, each party shall submit additional information and/or documents. If provided orally, additional information shall be immediately confirmed in writing, signed by the same person who submitted the statement for consultation, and shall include an indication that the additional information submitted is true, correct and complete.

5. The Bureau shall take a decision on the issuance of an advisory opinion, taking into account the existing circumstances. An advisory opinion shall be issued where the issues specified in the statement involve a legal problem, the resolution of which would contribute to the interpretation of the Law, with the aim of establishing uniform practice. The person submitting the statement for requesting consultation shall have the right to refuse the request for consultation at any time, however, this shall not prevent the Bureau from addressing the author of the request with such remarks or instructions as it considers necessary. Inaction by the Bureau after receiving a statement for consultation, a document or information shall not prevent the Bureau from taking any further action that it considers necessary. The Bureau reserves the right to keep any request for consultation, document or information submitted to it within this procedure or to use any such request, document or information in the interest of the state.

6. The Bureau shall issue an advisory opinion within 30 days of receipt of the request for consultation and any additional information/documentation.

7. The person submitting the request for consultation shall rely on the advisory opinion only to the extent that the information provided in the request is complete and correct.

8. The submission of a request for consultation or the course of proceedings for drafting an advisory opinion shall not relieve a person from the obligations under the Law.

9. It shall be impermissible to disclose the confidential material submitted as part of the procedure for drafting an advisory opinion without proper editing.