Georgian Dream has adopted another repressive amendment targeting civil society and media organizations. This time, it prohibits the receipt of foreign grants without the government’s consent.
Georgian Dream is expediting amendments to the Law on Grants, which means the law will be adopted next week.
According to the draft law, in order to obtain the relevant consent, the grant-granting entity must submit a draft grant agreement to the Government of Georgia or an authorized person/body designated by the Government of Georgia.
The draft law primarily addresses the following issues:
The necessity for consent from the Government of Georgia or an authorized person/body designated by the Government of Georgia for the issuance of a grant is established.
The law establishes a 10-day period for the Government of Georgia to express its consent to the issuance of a grant. It is noteworthy that appealing the government’s decision on consent does not suspend its effect.
The following will not require mandatory government approval: grants issued by international sports associations, federations, and committees; individual scholarships for secondary and higher education and scientific work outside Georgia; and grants received by international organizations operating in Georgia.
The draft law designates the Anti-Corruption Bureau, headed by Razhden Kuprashvili, as the body responsible for monitoring the issuance and receipt of prohibited grants. The draft law authorizes the Anti-Corruption Bureau to:
Request a financial report from a person if there is reasonable suspicion of an agreement concluded between the grantor (donor) and the grantee (“prohibited grant”).
Question a natural person in accordance with the procedure established by this law.
Question a natural person before a magistrate judge in accordance with the procedure established by the Administrative Procedure Code of Georgia.
Request necessary information from a public institution, an individual, a legal entity (including a payment service provider), or another entity, including special categories of personal data, other personal data, and information containing secrets (except for state secrets as provided by Georgian legislation).
Exercise other powers specified by law.
According to the draft law, the Anti-Corruption Bureau shall request information that does not fall under public information based on a court decision. To this end, the Anti-Corruption Bureau must submit an application to the court according to its location. The court must make a decision within 48 hours of receiving the application. The Anti-Corruption Bureau’s application must be substantiated, indicating the grounds and purpose of the request for information, as well as the period and volume of the requested information. If the application is satisfied, the court’s decision will specify the grounds and purpose of the information request, the period and volume of the requested information, and the validity period of the decision.
The draft law defines a shortened administrative procedure period of 3 months for exercising the powers provided for by this law. If necessary, this period may be extended by the Head of the Anti-Corruption Bureau for no more than an additional 3 months.
The procedure and grounds for questioning a person regarding the receipt of a “prohibited grant” are as follows:
A natural person who may have information necessary for the Anti-Corruption Bureau to monitor the receipt of a prohibited grant may be voluntarily questioned by the Bureau.
The draft law prohibits coercing a person to provide evidence or information. The person being questioned has the right to use the services of a lawyer at their own expense and not to provide information against themselves and/or a close relative. For this purpose, a close relative is defined as a parent, adoptive parent, child, foster child, grandparent, grandchild, sibling, or spouse.
The interrogated person is obliged to provide correct information during the interrogation. The Anti-Corruption Bureau must warn the person in writing about the potential liability for providing false information and explain the possibility of being summoned for questioning before a magistrate judge.
The draft law allows for the use of technical means to record sound and/or images during the interrogation, with prior notification to the interrogated person.
The draft law also provides for the possibility of remote interrogation using electronic means.
Rules for imposing liability for receiving a prohibited grant include:
An authorized person from the Anti-Corruption Bureau will draw up a protocol for an administrative offense related to the Law of Georgia “On Grants,” which will be immediately sent to the district (city) court for consideration.
If circumstances impede the execution of the penalty for an administrative offense, the Anti-Corruption Bureau is authorized to seize the offender's property (including bank accounts) in proportion to the sanction for the relevant offense. This seizure will take effect immediately and will be submitted to the court for confirmation along with the protocol on the administrative offense. The court must consider the issue of seizure and make a decision within 48 hours of receiving the materials. The court's decision may be appealed once to the Court of Appeal within 48 hours of delivery. The appeal does not suspend the effect of the seizure. The Court of Appeal must make a decision no later than 48 hours after the appeal is submitted. This decision is final and not subject to further appeal. The court is obligated to provide the reasoned decision and case materials to the parties no later than 12 PM on the day following the decision.
The court will consider the issue of confirming the administrative offense protocol and will make a decision within 15 days from the receipt of the materials. This decision may also be appealed once to the Court of Appeal within 10 days of delivery. The Court of Appeal must make a decision no later than 15 days from the appeal submission. This decision is final and not subject to appeal.
The draft law establishes a shortened 5-day period for considering and resolving the issue of confirming the administrative offense protocol during the pre-election period. The court’s decision can be appealed once to the Court of Appeal within 72 hours of delivery. The decision of the Court of Appeal is final and cannot be appealed. The court is required to transfer the reasoned decision and case materials to the parties no later than 12 PM on the day following the decision.
The draft law establishes a 6-year statute of limitations for the commission of the relevant offense.
The draft law provides for sanctions related to the receipt of a prohibited grant, namely:
Receipt of a prohibited grant will result in the grantee being fined double the amount of the grant.
Providing false information during interrogation by the Anti-Corruption Bureau or before a magistrate judge upon the request of the Anti-Corruption Bureau will result in a fine of 2,000 GEL.
Repeated commission of any of the above actions will result in a fine double the amount of the sanction established for the relevant offense.
The requirement for consent from the Government of Georgia or an authorized person/body designated by it does not apply to grants issued and received before the enactment of the draft law.
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