EU eyes targeted sanctions, visa restrictions over Georgia’s ‘foreign agent’ law

The EU is considering a range of measures, including sanctions on top government officials, cutting financial assistance and restricting visa-free travel, in response to the Georgian government’s controversial ‘foreign agents’ law, according to an internal document seen by Euractiv.

EU foreign ministers on Monday (24 June) are expected to discuss the options paper, drawn up by the bloc’s diplomatic service (EEAS), in response to the passing of Georgia’s controversial ‘foreign agent’ law in May.

Brussels had called on Tbilisi to withdraw the law, which had sparked weeks of mass demonstrations, warning the passing of the bill would hamper its hopes of joining the bloc in the near future.

“There is a broad agreement that the EU has to react, now we just need to find the appropriate balance,” one EU diplomat said, but echoed others that cautioned it remains unclear whether steps will be taken.

Short-term measures

As part of immediate short-term measures, the document suggests suspending high-level bilateral visits, EU-Georgia Association Agreement meetings and events, and pausing discussions, negotiations, and signing of bilateral agreements “as an immediate reaction to the current situation.”

It also suggests to “pause programming and disbursement of funds directly benefiting Georgian authorities and halt discussions on any future assistance to the authorities” as well as a review of the EU financial assistance portfolio,” including to step up support to civil society and independent media”.

It continues that these measures could be lifted once the law is repealed and “provided that EU concerns on democratic backsliding are sufficiently addressed and should be accompanied by clear public messages.”

‘Further deterioration’

In case of “further deterioration of the situation,” such as “use of violence against protesters” or “intimidation or major irregularities in the electoral process,” the options paper proposes deeper-running measures.

According to the document, those would include initially reimposing visa rules on Georgian government officials and diplomats under “a (temporary) Schengen visa requirement for all holders of Georgian diplomatic/service passports”.

In that stage, measures could also consider sanctions under the Global Human Rights Regime “targeting individuals, entities and bodies responsible for, involved in or associated with serious human rights violations”.

‘Last resort’

“In case of significant deterioration of the situation, steps regarding visa liberalisation and enlargement process could be considered,” the paper states.

“But as their adverse impact would be mostly felt by the wider population, they should only be taken as last resort,” the EU option paper cautions.

It adds that this “would require careful and intensive messaging to the Georgian people, explaining that these measures are fully reversible, depending on the actions by the authorities.”

The EU has only suspended visa liberalisation once, in the case of the South Pacific island of Vanuatu.

So far, many EU diplomats have been cautious about restricting EU visa liberalisation, which would not require unanimity but would primarily hit the Georgian population rather than the authorities.

“When you take your measures, you don’t want to alienate the population,” a second EU diplomat said.

“It is a balancing act between the [Georgian] government getting the message and not harming our case with citizens,” they added.

Election impact

The internal document also suggests additional measures could also be considered “in case of election falsification and serious misconduct of the electoral process.”

This would come as Georgia is expected to hold parliamentary elections on 26 October, which the opposition fears could be impacted by the new law.

One of the fears is that election observers and non-governmental organisations involved in citizen participation and transparency could be branded ‘foreign agents’ and prevented from monitoring the polls, Georgian opposition politicians told Euractiv in Tbilisi last month.

Next to the proposed measures, the EU’s diplomatic service in the document also stresses the need for “intensified engagement” in a series of areas unrelated to government contacts.

Those would include strengthening support for civil society and independent investigative media outlets, supporting the electoral process and strategic communication, and countering disinformation.

[Edited by Alice Taylor]

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