21 Jul 2012 14:15

Putin signs into law bill on NGOs acting as 'foreign agents'

MOSCOW. July 21 (Interfax) - Russian President Vladimir Putin has signed into federal law a bill amending laws regulating activities of non-governmental organizations (NGO) acting as foreign agents, the Kremlin press service reported.

The State Duma passed the bill on July 13, 2012 and the Federation Council approved it on July 18, 2012.

Under the bill, a non-governmental organization performing the functions of a foreign agent is one that receives financial and other assets from foreign states, their public agencies, international and foreign organizations, foreign nationals, non-citizens or their authorized representatives, or from Russian legal entities, which receive financial and other assets from such sources (except for open joint-stock companies with a state stake, and their subsidiaries) and is involved in political activities, including in the interests of foreign sources, in the Russian territory.

A non-governmental organization, except for a political party, is deemed to be one involved in political activity on Russian territory, if regardless of its goals and objectives stated in its by-laws such organization is involved in organizing and holding (and financing) political demonstrations with the aim to press authorities into making decisions aimed at changing their state policy, and in forming a public opinion for such purposes.

During the first reading, the document envisaged administrative sanctions for failure to comply with the requirements of this bill. However, these rules were removed in the second reading and will be passed in a separate bill this fall. The effective date of the foreign agent bill has therefore been postponed: 120 instead of 90 days after its publication, to ensure that both documents take effect simultaneously.

At the same time, the bill preserves the provisions imposing criminal liability for failure to comply with the requirements of this document.

For example, if an NGO is maliciously dodging its duty to submit documents required to be added to the register, its representatives will be facing a fine of up to 300,000 rubles or up to 480 hours of compulsory labor. A more severe punishment can be imposed: up to two years of correctional labor or imprisonment.

The formation of an NGO (including those which perform the functions of a foreign agent) or a structural unit of a foreign non-governmental organizations, whose activities involve inciting citizens to abandon their civic duties or commit other unlawful actions, will entail a fine of up to 200,000 rubles, or up to three years of incarceration, forced labor or imprisonment. A similar penalty will be imposed for managing such an organization.

Formation and management of a religious or social organization, whose activities involve violence against citizens or other infliction of bodily harm, will be penalized by a fine of up to 300,000 rubles, or up to four years of restriction of freedom, forced labor or imprisonment for the same period of time.

The law does not apply to state-owned companies, state corporations and NGOs set up by them, and also budget-funded and municipal institutions, registered religious organizations, and associations of employers of the Chamber of Commerce and Industry.

The law does not construe as political activities those in the areas of science, culture, art, healthcare, social support and protection, protection of maternity and childhood, social support for the disabled, promotion of a healthy lifestyle, physical culture and sports, wildlife protection, charity, and activities to promote charity and volunteerism.

The bill drew strong criticism from many Russian NGOs. Lyudmila Alexeyeva, head of Russia's oldest human rights organization, Moscow Helsinki Group, has called the document "foul."