Deciphered what “accomplices of foreign agents” can get caught according to the new law

Speaking to the forum participants, Mr. Sviridenko positively assessed the new law on foreign agents, which entered into force on December 1, 2022 (full title – “On Control over the Activities of Persons Under Foreign Influence”). In Russia, a “holistic concept” has finally appeared in this area, earlier, if it was not possible to find foreign money, it was impossible to recognize it as a foreign agent, and “he (a potential agent -“ MK ”) could harm seriously.” Now it is enough to find “foreign influence” in any other form – in combination with political activity, of course, he explained …

It is worth recalling that the very same law considers “political activity” to express one’s opinion on the activities of government bodies, and conduct public opinion polls, and participate in any street action, and much more. On the morning of May 12, the register of foreign agents maintained by the Ministry of Justice included 598 organizations and individuals, more than 80 of them got there after January 1, 2023.

But “legislative activity continues, and we have decided to use a preventive regime,” Mr. Sviridenko continued. “The Committee has introduced a legislative initiative that concerns third parties who, not being foreign agents or affiliated with them, may willingly or unwillingly help them to violate the law in the future,” he said. For such people for the first time, according to the speaker, a warning is provided, “and after that a fine will follow.”

To clarify: no “committee” can introduce an initiative to the State Duma in principle. The authors of a package of two bills that propose amendments to the law on foreign agents and the Code of Administrative Offenses announced by the Deputy Minister are deputies from all five Duma factions, the first among the signatories is Vasily Piskarev (“ER”), head of the Duma Committee on Security and Anti-Corruption and the Duma Commission to investigate the facts of interference of foreign states in the internal affairs of Russia.

These bills were placed in the Duma legislative base on April 26, but the general public paid attention to them only now, after Mr. Sviridenko’s loud presentation.

What is offered?

To prescribe in the current law on foreign agents that public authorities (that is, all levels of government from top to bottom, from municipal to federal), organizations of all forms of ownership (that is, both state and private companies), their officials, and in general all “physical persons, regardless of their citizenship or lack of it” (that is, all people in general) “when carrying out their activities” (any activity) will be “obliged to take into account the restrictions associated with the status of a foreign agent”, without being foreign agents themselves. “Actions (inaction)” of these persons should not help foreign agents violate Russian law, and first of all, the restrictions that this status imposes on them (foreign agents), says the basic bill from the package.

This means that after the bill becomes law (and there are practically no doubts about what it will become), it would be right for all Russians, without exception, to familiarize themselves with the list of restrictions and prohibitions imposed on foreign agents. Because how else to understand what exactly they cannot be “assisted” by inaction or action?

The list of restrictions and prohibitions established for foreign agents in Russia is extensive and looks something like this.

A foreign agent cannot be an official of any level and a member of the election committee, which means that a boss who did not dismiss the foreign agent after entering the register can be recognized as an accomplice of a foreign agent. (The word “accomplice” is not in the bill, but in fact it is about that.)

A foreign agent cannot take part in the activities of commissions, committees, advisory, advisory, expert and other bodies under authorities of any level – this means that an official can be recognized as an accomplice who did not promptly remove a foreign agent from the list of members of the council or commission, which was considered valuable before entering the register specialist and consultant.

Foreign agents are also prohibited from participating as an expert in conducting a state environmental review, or organizing or participating in a public environmental review.

Public associations included in the register of foreign agents cannot nominate candidates for public monitoring commissions for places of deprivation of liberty. Foreign agents may not campaign for or against any candidate in any election, they may not donate money to the election funds of anyone, they may not organize any public events and transfer funds for them.

Foreign agents cannot donate funds to parties and their branches in the regions.

Funds of a foreign agent in banks are not subject to deposit insurance in case of bankruptcy of a financial organization. They cannot apply the simplified taxation system and submit simplified financial statements.

Foreign agents are not entitled to receive financial support from the state, including for creative activities (grants for the creation of films, performances, holding exhibitions). They are not allowed to participate in public procurement. By the way, the authors of the bill propose to extend the ban to property support, no matter how it is expressed.

It is also impossible for foreign agents to “operate significant objects of critical information infrastructure”, which are recognized as information systems falling under certain signs, and ensure the security of these objects.

And finally, they are not allowed to produce any “information products for minors.” Everything that is sung, said, filmed and staged by a foreign agent that has entered the register is prohibited for distribution among children, and must be marked “18 plus” when selling or demonstrating.

It can be assumed that librarians who could not trace and remove books written by writers recognized by foreign agents (Dmitry Glukhovsky or Dmitry Bykov, for example) may fall under the distribution. And the booksellers who didn’t wrap all of the foreign agents’ books in opaque bags and label them as 18 plus. Distributing songs by Zemfira, Alisher Morgenstern, Andrey Makarevich on their platforms without appropriate labeling (all of them are recognized as foreign agents).

By the way, Mr. Sviridenko, talking about the alleged “preventive” innovations, vaguely mentioned some “platforms” that give a tribune to foreign agents (in itself this is not prohibited, by the way – if the labeling requirements and other prohibitions listed above are observed) and which Now you can somehow squeeze …

It is also forbidden for foreign agents to “carry out educational activities in relation to minors”, to engage in pedagogical activities in state and municipal educational organizations (that is, to work as teachers in public schools, teachers at universities and colleges, educators and music workers in kindergartens). In private kindergartens, colleges and universities, it seems possible to engage in teaching activities. But if an organization recognized as a foreign agent is engaged in educational activities among minors, it is impossible.

Mr. Piskarev, commenting on the proposed innovations to journalists, cited the following examples: “if someone, based on corrupt or other mercenary or personal motives, helps a foreign agent get a job as a teacher, this person, if our bill is adopted, the Ministry of Justice will be able to issue a warning. Or, say, a publisher publishes a book by a foreign agent without appropriate marking – there will also be a warning,” he said.

The explanatory note to the bill explains why it is needed: “a violation by a foreign agent of certain obligations and restrictions may occur when this is facilitated by persons involved in a particular process together with foreign agents”, now these persons will have to “prevent the possibility” of this kind violations.

The Ministry of Justice, which so far controls only the activities of foreign agents, after the adoption of the bill will control the implementation of the legislation on foreign agents in general, that is, whether anyone, by their actions or inaction, contributes to the violation of the prohibitions that have been placed on the register. Authorities of all levels and organizations of all forms of ownership will be obliged to assist the Ministry of Justice in obtaining information about possible “accomplices” of foreign agents and provide all the necessary information and materials. If the accomplice is identified, he will be given a “warning indicating the violation committed and the period for its elimination, which is at least a month.”

The second of the introduced draft laws proposes to punish those who persist in the administrative order: for citizens – a fine of 30 to 50 thousand rubles, for officials – a fine of 70 to 100 thousand (alternative – disqualification for up to 2 years), for organizations – a fine of 200 to 300 thousand rubles. The protocols will be drawn up by the same Ministry of Justice.

The proposed changes “will contribute to strengthening the sovereignty of the Russian Federation,” the authors of the package believe. Now the bills are being prepared for the first reading, which may take place no earlier than the end of May. “There is no particular rush here,” the State Duma said to MK.