The Duma adopted a new law on “foreign agents”

The adopted law unites, systematizes and supplements the existing norms regulating the activity of "foreign agents".

On June 29, 2022, the State Duma adopted in the third reading the law "On Control over the Activities of Persons Under Foreign Influence". This is a new framework law on the activities of "foreign agents" in Russia.

The bill was adopted in the first reading on June 7, the second reading was held on June 28.

The adopted law provides for the unification and systematization of previously adopted numerous

rules governing the activities of "foreign agents" of various types -

NGOs, unregistered public associations, individuals and the media ( publications and individuals ). At the same time, "foreign

agents" some relief was made in the form of the absence of the need

label materials of a personal nature, but new restrictions were introduced,

related to financial activities and reporting, as well as work with

minors.

A "foreign agent" (and not a person performing the functions of a "foreign agent", as before), according to the law, can be recognized as a "Russian or foreign legal

a person, regardless of its organizational and legal form, a public association,

operating without forming a legal entity, other association of persons,

foreign structure without formation of a legal entity, as well as an individual

person, regardless of his citizenship or lack thereof", "received

support and (or) being under foreign influence in other forms" and carrying out certain types of activities. Thus, a single status is introduced for all categories, which, obviously, also applies to commercial organizations: previously they were not classified as "foreign agents". Status

a foreign agent will not be assigned to government agencies and legal entities controlled by them; registered

religious organizations; registered political parties; officials of international organizations who entered Russia in connection with the performance of official duties; employees of representative offices of these organizations; foreign diplomats and employees of missions of foreign states; associations of employers and chambers of commerce and industry.

Under foreign influence, the law implies obtaining

from foreign sources, not only

financial, property, organizational and methodological, scientific and technical and

other similar types of assistance, but also "influencing a person in that

including by coercion, persuasion and/or other means.

Foreign sources are:

• foreign

states; * organs

public authorities of foreign states; * international

and foreign organizations; foreign structures without forming a legal entity; foreign

citizens; * faces

without citizenship; * faces,

authorized sources, all of the above; * Russian

citizens and legal entities receiving funds and (or) other

property from all of the above, or acting as intermediaries

upon receipt of such funds and (or) other property (with the exception of

open joint stock companies with state participation and their subsidiaries); * Russian

legal entities whose beneficial owners are foreign

citizens or stateless persons; * faces,

influenced by all of the above sources.

To activities that give rise to

assigning the status of "foreign agent" to a person includes "political activity"

(in the form as it is now defined in clause 6, article 2 of the law on NGOs) and targeted collection

information in the field of military and military-technical activities of Russia and the "dissemination

messages and materials intended for an unlimited circle of persons, and (or)

participation in the creation of such communications and materials" (as now described

category of media-“foreign agents”), as well as financing activities for

collection of information about military activities and mass distribution of materials. Exceptions to "political activity" include activities in the field of science, culture, art, health care, social services and social protection, protection of human life, motherhood, fatherhood and childhood, family and traditional family values, social support for the disabled, promotion of a healthy lifestyle, environmental protection as well as charity. However, any such activity will not be considered "political" only if it "does not contradict the national interests of the Russian Federation, the foundations of the public law and order of the Russian Federation, or other values ​​protected by the Constitution of the Russian Federation."

The law describes the rules for the inclusion of "foreign agents"

to the corresponding unified register , which should be maintained by the Ministry of Justice. The register must

include information about the last name, first name, patronymic or name

foreign agent, information on the grounds for its inclusion in the register with a link

on the relevant norms of the law and the date of the decision on inclusion in the register.

Information about

individuals affiliated with "foreign agents". They are not subject to the requirements and restrictions,

provided for "foreign agents". Affiliated with a "foreign agent" is a person who is (was) a member of the bodies of an NPO,

unregistered public association or foreign agent,

which is engaged in the mass distribution of information materials, as well as

being (was) the founder,

a member, participant, manager or employee of the listed types of foreign agents. A person affiliated with a "foreign agent"

is also a person carrying out (carried out) political activity and

receiving (receiving) cash and (or) other property assistance for

carrying out political activities from a non-profit organization,

unregistered public association, natural person - foreign

agents, including through intermediaries (persons under direct or

indirect control of a foreign source).

According to the bill, potential foreign agents, such as

and earlier, in order to avoid punishment, they themselves must apply to the Ministry of Justice with a statement about

inclusion in the register, and foreign citizens (except for diplomats and foreign

correspondents intending to act solely within the scope of their official

duties) are required to do this before entering Russia. Liquidation of the Association

or the death of an individual "foreign agent" is a reason for exclusion

from the register. The decision of state bodies on inclusion in the register can be challenged through

court. In addition, "foreign agents" can apply to the Ministry of Justice with a statement

on exclusion from the register due to changed circumstances - refusal

foreign assistance or the termination of "foreign agency" activities.

After checking, the Office may grant such an application or refuse to

deletion from the register: the refusal can be challenged through the courts.

Contrary to repeated statements by legislators that

that the status of "foreign agent" does not imply discrimination, the bill

included a list describing restrictions for "foreign agents", some of which were previously not provided for by law

were:

• Physical

a person included in the register cannot be appointed to positions in the bodies

public authorities, including filling positions of state civil

service and municipal service, be a member of the election commission, commission

referendum, it cannot participate in the activities of commissions, committees,

advisory, advisory, expert and other bodies formed under

public authorities; a foreign agent cannot be a supplier

(contractor, executor) of goods and services to ensure public or

municipal needs; associations-"foreign agents" cannot nominate

candidates for public monitoring commissions; not allowed to participate in

conducting an independent anti-corruption expertise of regulatory legal acts; * "Foreign

agents" cannot participate in election campaigns and referendums,

including nominate or support candidates and donate political

parties, as well as conclude deals with them; * To an official or individual - "foreign agent"

may be denied access to state secrets; * Foreign

agents may not organize, sponsor or provide property

assistance in organizing and conducting public events; * Foreign

agents are not entitled to carry out educational activities "in relation to minors and (or) pedagogical activities in state and municipal educational organizations", to produce information products for minors; "Foreign agents" will not be able to act as experts in the state environmental review "Foreign agents" will not be able to operate significant objects of critical information infrastructure and ensure their security * Provided

and a number of financial restrictions: a foreign agent is not entitled to receive

state financial support (including related to creative activities); means of associations - "foreign agents"

are not subject to insurance, a foreign agent is not entitled to apply the simplified

system of taxation and accounting and reporting; on

foreign agents are subject to restrictions and prohibitions on investing in economic

societies of strategic importance for the defense of the country and

state security provided for foreigners.

The bill also describes the duties of "foreign agents"

for labeling materials related to their foreign agency activities and relevant

interaction with government agencies (labeling by individuals of materials

personal nature is not required), maintaining and providing regular reporting

to government agencies. The procedure for marking materials, according to the law, will be determined by the Russian government. In addition, the procedure for holding events by state bodies is described.

to control the activities of "foreign agents" and identify possible

violations of the law, including the procedure for the implementation of planned and

unscheduled inspections. It is envisaged that the Ministry of Justice will be able to issue orders to "foreign agents" that are binding for execution within a month. The document lists possible sanctions for violations -

administrative and criminal liability, liquidation of the association,

blocking of information resources of "foreign agents".

The law should come into force on December 1, 2022.

Sources

• Bill No. 113045-8 "On control over the activities of persons under foreign influence" // CREATION OF GAS "Law-making". 2022. June 29.