Opinion regarding the Foreign Agents Registration Act

TO

MS. RAYA NAZARYAN CHAIRPERSON 50TH NATIONAL ASSEMBLY OF THE REPUBLIC OF BULGARIA

MR. BOYKO BORISOV CHAIRPERSON PG "GERB – SDS"

MR. NIKOLAY DENKOV CHAIRPERSON PG "WE CONTINUE THE CHANGE – DEMOCRATIC BULGARIA"

MR. KOSTADIN KOSTADINOV CHAIRPERSON PG "VAZRAZHDANE"

MR. DELYAN PEEVSKI CHAIRPERSON PG "MOVEMENT FOR RIGHTS AND FREEDOMS"

MR. BORISLAV GUTSANOV CHAIRPERSON PG "BSP FOR BULGARIA"

MR. TOSHKO YORDANOV CHAIRPERSON PG "THERE IS SUCH A PEOPLE"

MS. ANNA ALEXANDROVA, CHAIRPERSON OF THE COMMITTEE ON CONSTITUTIONAL AND LEGAL AFFAIRS

MR. BAYRAM BAYRAM, CHAIRPERSON OF THE COMMITTEE ON BUDGET AND FINANCE

MR. ANGEL YANCHEV, CHAIRPERSON OF THE COMMITTEE ON CULTURE AND MEDIA

MR. STANISLAV BALABANOV, CHAIRPERSON OF THE COMMITTEE FOR DIRECT CITIZEN PARTICIPATION, PETITIONS AND INTERACTION WITH CIVIL SOCIETY OF THE 50TH NATIONAL ASSEMBLY

POSITION

REGARDING: Draft Law on the Registration of Foreign Agents, Signature: 50-454-01-85, filed on 10 September 2024.

DEAR MADAM CHAIRPERSON, DEAR CHAIRPERSONS OF PARLIAMENTARY GROUPS, DEAR CHAIRPERSONS AND MEMBERS OF STANDING COMMITTEES,

We, the undersigned organisations, express our categorical position against the proposed Draft Law on the Registration of Foreign Agents. It is impermissible that in the 21st century, in a member state of the EU and NATO with a functioning democracy, we should have to remind anyone that national security is a matter not of lists, but of strictly professional expertise, specialised state institutions and integrated international systems. Such draft laws inflict significant damage on the foundations of democracy in the country, hinder business and undermine the prestige of our country abroad.

The draft law stigmatises a vast part of society and restricts rights that are guaranteed in the Constitution of Bulgaria. It creates new tensions, new dividing lines and deepens the political crisis in the state. The proposed changes will suppress commercial companies, the media and civil society, restricting civic participation and independent oversight. Such measures have a negative impact on all spheres of life, including political and civic participation, the protection of human rights, as well as culture, education, healthcare and business. Such a draft law would make victims not only of organisations, companies, universities and schools, but also of their employees, members of management boards, donors and others.

Drawing analogies between the proposed draft law and legislation from member states of the European Union and NATO is an impermissible attempt to mislead public opinion. Variants of such laws exist in Nicaragua (from 2022 they led to the closure of at least 150 civil society organisations), Georgia (2024, following mass protests against it), Hungary (2017 and later repealed following a ruling of the EU Court of Justice), Kazakhstan (2016), the Kyrgyz Republic (2024) and Ukraine (2014 and later repealed). Similarly to the proposed LFRA in Bulgaria, they aim to restrict the activities of legal and natural persons, which is entirely different from a requirement solely for registration, without consequences or restrictions, as is the practice in the USA and other partner countries of Bulgaria.

Our country is faced with numerous real problems and the expectation of business and citizens is that politicians and institutions should deal precisely with those. Foreign investment is almost zero, major employers are leaving Bulgaria, there is a shortage of labour, EU funds are not being absorbed effectively and we have an unprecedented political crisis.

As Bulgarian employers, we all operate in accordance with the law and the democratic values in which we believe. Through honest work we contribute to the creation of added value in the state and pay some of the highest taxes and social security contributions, with which the institutions function and the salaries of politicians and all those employed in the public sector are paid. From them we expect the creation of a sustainable framework within which business can develop and citizens can prosper. Instead, such destructive draft laws and artificial problems are being generated, which irreversibly sever the connection between politicians and citizens even further.

We call on political parties to distance themselves from the draft law and to guarantee that Bulgaria will continue to be a state developing genuine democracy, in which citizens and business participate freely in state and public affairs, which is a guarantee of prosperity.

Yours sincerely,

Association for Innovation, Business Services and Technologies (AIBEST)

Association of Bulgarian Animation Producers (ABAP)

Biotechnology and Health Cluster Bulgaria

Bulgarian-Romanian Chamber of Commerce

Bulgarian Association of Communication Agencies (BACA)

Bulgarian Association for People Management (BAPM)

Bulgarian Association of Software Companies (BASKOM)

Bulgarian Employer Association for Innovative Technologies (BEAIT)

Bulgarian Private Equity and Venture Capital Association (BVCA)

Bulgarian Entrepreneurial Association (BESCO)

Bulgarian Cluster for Digital Solutions and Innovations in Healthcare

Artificial Intelligence Cluster Bulgaria

Professional Association for Robotics, Automation and Innovation (PARAi)

Association of Women in Bulgarian Business

Family Business Association — Bulgaria

IAB Bulgaria