though the horse has bolted, of sorts, here my analysis of "the law". It is squarely bad faith.
You can sensibly call it the "we can repress anyone we like" law.
I can compare it with an analysis I did of such transparency laws in 2017 more globally, for @TAInitiative 1/
You can sensibly call it the "we can repress anyone we like" law.
I can compare it with an analysis I did of such transparency laws in 2017 more globally, for @TAInitiative 1/
as I argued back then & citing @SaskiaBrech, not yet related to Georgia, there are clear tell-tale signs when a law has bad faith.
This law here has all of them. 2/
This law here has all of them. 2/
1/ excessive range.
This law will apply to ALL non-profit entities, save a handful of National (!) Sports Federations or blood donation societies.
The charity helping those with disabilities with non-Georgian donors? Likely a Foreign Agent.
This law will apply to ALL non-profit entities, save a handful of National (!) Sports Federations or blood donation societies.
The charity helping those with disabilities with non-Georgian donors? Likely a Foreign Agent.
anyone with a website with wide reach (a start-up?) -- could be a potential foreign agent.
Here are the bad-faith examples of such sweeping range from around the world, from my 2017 report.
Here are the bad-faith examples of such sweeping range from around the world, from my 2017 report.
2/ sweeping definitions on "foreign power":
you get your money from non-Georgian citizens, for example in fundraisers by a charity? You are a foreign agent.
as a non-profit, you get sponsorship by an entity that is registered abroad, or an international organization?
you get your money from non-Georgian citizens, for example in fundraisers by a charity? You are a foreign agent.
as a non-profit, you get sponsorship by an entity that is registered abroad, or an international organization?
in fact, if you do not know the source of a chunk of your funding exactly, for example from a tombola or other collection? You could be a foreign agent.
3/ lots of opportunity for arbitrariness.
There are multiple "defects" that can be found. Who decides when an application is "complete and correct"?
You can't name the people that bought 600 GEL of your knitted socks? There you go, you did not comply.
There are multiple "defects" that can be found. Who decides when an application is "complete and correct"?
You can't name the people that bought 600 GEL of your knitted socks? There you go, you did not comply.
Who sets the implementation rules? The Ministry of Justice, so you can clamp things down further. And yes, this arbitrariness happens right now in many domains.
Below how that looked in my 2017 report.
Below how that looked in my 2017 report.
4/ Wide-ranging powers of inspection
Monitors can check on a very wide range of your work, including personal information inside the organization -- and can do this on *any* organization they wish to target, every six months. 9/
Monitors can check on a very wide range of your work, including personal information inside the organization -- and can do this on *any* organization they wish to target, every six months. 9/
5/ punitive fines:
Make a mistake & fines are in range where they will harm or destroy most Georgian NGOs. 25.000 GEL if you "evade" registration, 10.000 if you make/continue a "shortcoming" in your filings.
Make a mistake & fines are in range where they will harm or destroy most Georgian NGOs. 25.000 GEL if you "evade" registration, 10.000 if you make/continue a "shortcoming" in your filings.
It's not "up to 10k GEL", but it's the *first* fine they will slap on you. This is a straight out demonstration of vicious intent.
I half-imagine that the lawyers who had to cook this up on instruction put this in to send a message of how nuts this is.
(2017 below.)
I half-imagine that the lawyers who had to cook this up on instruction put this in to send a message of how nuts this is.
(2017 below.)
this is for nerds & I could go on, but tells you five main things seriously wrong with bill passing first reading @Geoparliament today.
As saying goes, you can only have two out of the three:
- competent judgement;
- good faith;
- be in favour of this insane law. END
As saying goes, you can only have two out of the three:
- competent judgement;
- good faith;
- be in favour of this insane law. END
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