KRIB's opinion on the Draft Law on the Registration of Foreign Agents

Ex. No. 111-00-111
Sofia 18.09.2024

Mrs. Anna Alexandrova
Chairman of the Committee on Constitutional and Legal Affairs in the 50th National Assembly

Mr. Byram Byram
Chairman of the Budget and Finance Committee

Mr. Angel Yanchev
Chairman of the Culture and Media Committee

Mr. Stanislav Balabanov
Chairman of the Commission for the Direct Participation of Citizens,
complaints and interaction with civil society

S T A N O V I S H E

REGARDING: Draft law on the registration of foreign agents, No. 50-454-01-85, submitted by K. Kostadinov and a group of people's representatives on 10.09.2024.

DEAR CHAIRMEN OF PARLIAMENTARY COMMITTEES,

The Confederation of Employers and Industrialists in Bulgaria /KRIB/ - The Voice of Bulgarian Business - expresses strong concern and bewilderment at the introduced bill.

Already with the indication of the subject and purpose of the draft law, the initiators define the activities of informing the public, forming public opinion, public dissemination of opinions and positions in the mass media, as activities representing a source of increased public danger, which necessitates enhanced state control and strict regulation.

The requirements for continuous monitoring, counting and collection, for keeping special accounting to establish whether BGN 1 / EUR 000/ have been received within the tax year with a source from abroad, place the individuals and legal entities obliged under this law in a situation of constantly persecuted and punished. Beyond the absurdity of the proposed norms, the question arises as to why these requirements only apply to foreign sources of funding. If the goal is indeed to achieve publicity and transparency, why are local sponsors excluded from it?

The field of application of the draft law, regulated in Article 3, strikes with its discrimination, unconstitutionality and gross violation of the international legal acts ratified by the Republic of Bulgaria. Activities financed with funds from the European Union, but not those from other international organizations of which Bulgaria is a member, are "nobly" excluded from the scope of application. As an argument to the contrary, it should be assumed that all listed activities financed with BGN 1 by the Council of Europe, for example, will fall within the scope of the law.

Here is the place to remind that Bulgaria has been a member of the Council of Europe since 1992 /when it also ratified the ECHR/ and during these years the Council has organized and conducted numerous training, explanatory, informational and other events among employees of the state administration, magistrates , students and other public groups aimed at increasing their qualifications, knowledge and practical applicability in their professional activities.

The proposed bill is in gross contradiction with the provisions, spirit and meaning of the Constitution. Both in the Preamble and in Art. 4, as well as in its other norms, the Constitution declares the supremacy of the law and the obligations of the state to guarantee the life, dignity and rights of the individual and to create conditions for the free development of man and civil society.

A fundamental human right protected by the European Convention for the Protection of Human Rights and Fundamental Freedoms /ECHR/ is freedom of expression. Article 10 states: “Everyone has the right to freedom of expression. This right includes the freedom to hold opinions, to receive and impart information and ideas without interference by state authorities and regardless of frontiers."

The Convention allows the limitation of this right within reasonable limits and if necessary in a democratic society in the interest of national and public security, territorial integrity and in other comprehensively specified circumstances.

There is not even one such consideration in the bill under consideration. A "funding" of 500 euros per year is enough to designate an extremely wide range of subjects as a "foreign agent" and subject them to repression. Any business venture with a foreign partnership, any participation in international events, even if motivated by human solidarity, the support of social groups, the holding of forums by business entities in the interest of business and the economy of the country, can be subsumed under the hypothesis of the norm for the foreign agent with the resulting heavy legal consequences.

It is particularly drastically discriminatory to introduce the label "foreign agent" to be placed on any title/home page or face visible part of the issued material and to be at least half the size of the product title or text material, respectively to be equal to the size of the specified name of the person / Art. 12, para. 1 of the bill/ !!!!

As startling as it is, this may just be the beginning. There will probably follow an obligation to wear a material sign - a badge, an emblem or something similar to distinguish in society the enemies of the state.

We should note something else in relation to the rule of law. Any illegal action influenced by a foreign country, foreign or international organization and directed against the Republic is criminalized in Chapter One of the Penal Code. And the Penal Code is the freest law - what is not prohibited by it is allowed.

In conclusion, KRIB categorically opposes the adoption of the proposed bill for the registration of the so-called foreign agents and appeals to the people's representatives to reject it.

We wish to work and develop the economic initiative, including by attracting foreign investment partners, freely, without fear of repression and restrictions, in accordance with the Constitution and laws of the country.

With respect,
Eugene Ivanov
Executive Director and Member of the Board