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Ruling party expected to modify FARA to target civil sector, Kakha Gogolashvili

The Georgian government is set to adopt the Foreign Agents Registration Act, modeled after the American Foreign Agents Registration Act (FARA), in its third and final reading. The ruling party argues that the new legislation will “close loopholes” that allow organizations to avoid registration under the previous, controversial law on Transparency of Foreign Influence. The Georgian Dream Government officials claim no entity will be able to evade responsibility.

The estimated adoption date for the law is April 4. After being signed by the president, it will come into force 60 days later. The legislation will apply to non-governmental organizations (NGOs), media outlets, and individuals.

Kakha Gogolashvili, a Senior-Fellow and the Director of European Studies at the Georgian Foundation for Strategic and International Studies, spoke to Front News about the implications of this law. He asserted that if the Georgian version is a direct translation of FARA, it will not be applicable to the intended targets in Georgia. Furthermore, he suspects the government will introduce modifications to serve its own interests.

Front News: The government claims that because the “Agents Law” was ineffective, they are now adopting a stricter version based on FARA. They argue that this will ensure transparency over the funding and activities of civil society organizations. Unlike the previous law, which applied only to organizations, FARA also covers individuals and includes potential prison sentences ranging from six months to five years. What do you think prompted the ruling party to pursue this approach?

Kakha Gogolashvili: If this law is an exact translation of FARA, it will not serve the government’s intended purpose. Their real objective is to dismantle civil society and suppress alternative viewpoints. However, they cannot achieve this if the law remains true to the American model. That said, the government is not naive. I suspect they have introduced subtle but significant changes that completely alter the essence of the law.

FARA applies only to organizations that actively represent foreign entities, advocating for their interests and policies within the United States. The Georgian government, on the other hand, seeks to apply this law to civil society groups that merely receive foreign funding – often from organizations supporting democratic reforms. This distinction is crucial.

Front News: How does the American FARA operate, and would similar organizations be required to register under a Georgian version of the law?

Kakha Gogolashvili: In the US, only about 700 organizations are registered under FARA, and very few of them are NGOs. Consider that in a country of 400 million people, only 700 entities fall under this regulation. If Georgia were to adopt a genuine FARA-style law, hardly any organizations would qualify – perhaps only two or three. Examples might include Russian state-sponsored media outlets like Sputnik or Russia Today’s Georgian office.

Given this reality, I am convinced that the Georgian government has altered the law’s core provisions while branding it as an American-inspired FARA equivalent. Alternatively, they may intend to manipulate its interpretation to fit their agenda. With the judiciary increasingly under government influence, they could easily distort legal definitions to serve their objectives.

Front News: The government argues that the NGO sector opposes even American-style regulation and suggests that critics should address their concerns with the US embassy or Donald Trump administration. Do you think this narrative is designed to further discredit civil society?

Kakha Gogolashvili: The original law failed because no one wanted to be labeled a “foreign agent.” Moreover, it did not impose an absolute obligation on NGOs to register. The new version appears to grant the government significant interpretative power.

The ruling party’s objective is to create the illusion that civil society groups reject even American-style transparency measures. They want to frame NGOs as hiding their true affiliations, misleading the public into believing that these organizations are acting against national interests.

The previous law was ineffective because it applied only to non-profit organizations. The government found FARA appealing because it covers all types of organizations, including individuals. However, under FARA, an entity must receive most of its funding from abroad and actively engage in political activities to be classified as a foreign agent. Simply supporting reforms or funding environmental research does not qualify. Legal experts must carefully analyze the full implications of this legislation.

Front News: Germany has recently expanded sanctions against Georgian officials, following similar measures by the Baltic states. What impact will this have, and do you foresee a broader chain reaction from other countries?

Kakha Gogolashvili: These sanctions mean that certain high-ranking officials will be barred from entering Germany. More importantly, since Germany is a leading EU country, its decision will influence other member states. European border authorities will likely prevent sanctioned individuals from entering their countries to avoid the risk of them traveling to Germany via another EU state.

This move sets a precedent for coordinated EU action. Given the numerous European Parliament resolutions on Georgia’s democratic backsliding, it is logical that additional sanctions may follow. France, for example, is likely to express solidarity with Germany. These measures are not intended to punish individuals but to halt the erosion of democracy in Georgia. The government must understand that it cannot act against the will of the people without consequences.

Front News: The Georgian government and opposition are closely watching the upcoming US congressional discussion on the MEGOBARI Act on March 27. If it is passed, how might it affect Georgia-US relations? The ruling party seems confident that it can reset ties with a potential Trump administration. Do you think this is realistic?

Kakha Gogolashvili: If the Act is adopted, it will provide a legal framework for the US to exert greater influence over Georgia’s democratic trajectory. This will be a significant concern for the Georgian government, as it may lead to direct American sanctions.

If Congress and the Senate officially recognize democratic regression in Georgia, the US administration will be compelled to respond. This could include financial restrictions, visa bans, or other punitive measures against Georgian officials.

As for the ruling party’s belief that a Trump administration will reverse course, that narrative has already collapsed. The ruling party is pushing this narrative primarily for domestic PR, attempting to reassure its supporters that relations with the US can be easily repaired. In reality, the situation is far more complex and unlikely to play out as they hope.

By Elza Paposhvili

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