Lecture 2 Legal basement of lobbying in different

Lecture 2. Legal basement of lobbying in different countries Questions considered in the lecture: 1) legal basis for lobbying in the USA; 2)legal basis for lobbying in Canada; 3) legal basis for lobbying in France; 4) legal basis for lobbying in Great Britain; 5) legal basis for lobbying in Germany.

Legal basis for lobbying in the USA • The first steps to regulate lobbying activities were the resolutions of the House of Representatives of the USA. For instance, resolution of 1876 obliged legal entities and private persons to register hired agents in secretary’s table of the House of Representatives. If it was not done this agent could not participate in sessions of the House of Representatives.

• The first law which regulated lobbying activity in the USA was adopted in 1938 and it was called “Foreign Agents Regulation Act”. The Act obliged foreign lobbyists to register themselves and to send letters with their intentions to the US State Secretary. This law operates today with several amendments. This law was adopted by political motivation – to stop the spreading of Nazi propaganda within the USA.

• In 1946 in the USA Federal Regulation of Lobbying Act was adopted which became the main regulation of lobbying activities during the second part of XXth century. According to this law, any person or organization (despite paid or unpaid) which acts in order to influence on adoption or rejection of a bill in Congress should register in Congress and furnish its data under oath. Also lobbyist should inform Congress about a person or organization whose interests he or she protects.

• Also lobbyist should inform Congress about salary received for lobbying activities. Lobbyists should report about mass media publications and which bills he or she tries to influence on and what the result of lobbying is.

• There was next punishment for the breaking of this law: fine up to 5 thousand dollars or jail up to 12 months and the prohibition to act as a lobbyist during 3 years.

• In 1977 -1989 in the USA Standards of Ethical Conduct for Employees of the Executive Branch and the Ethics in Government Acts were adopted. These acts prohibited former officials of legislative and executive bodies to engage in lobbying during 1 year after dismissing.

• In 1995 Lobbying Disclosure Act was adopted in the USA which replaced the Act of 1946. There are the same provisions in this Act as in previous one. The difference is that this act considers norms which are directed on the prevention of discrete kinds of bribery. For example, a member of Congress has the right to gain gifts from one person no more than in 100 dollars. The price of one thing should not surpass 50 dollars. Bribes are strictly prohibited. The punishment mechanism is the same.

• But in some states (штаты) of the USA such as Utah, Michigan, Montana, Georgia, Louisiana the legal limitation of lobbying are absent.

• In 2007 the Honest Leadership and Open Government Act was adopted. According to this document, a congressman dismissed from his or her position is not obliged to act as a lobbyist during 2 years (previously – 1 year). The fine amount (размер штрафа) was also increased up to 200 thousand dollars and the jail was increased to up 5 years.

Legal basis for lobbying in Canada • The law of lobbyists’ registration appeared in 1988 in Canada. There is special body within Federal Service of Civil Registration (Федеральная служба регистрации актов гражданского состояния) which engages in the registration of lobbyists.

• This body reports to parliament about lobbyists’ activity. The punishment for the breaking of this law is next: fine up to 100 thousand dollars or jail up to 2 years.

Legal basis for lobbying in France Lobbying in France had not legislative basis during long period of time. The reason is that government should advocate just the interests of nation. The peculiarity of lobbying in France is in the following Higher level of centralization in decision making process in social and economic spheres comparing with other countries

• According to French constitution, Economic and Social Counsel is a governmental body which has the aim to help the cooperation of different professional groups and their participation in governmental policy realization. This counsel is a mediation body between French society and government.

• If to speak about lobbyists as private persons, there is data base in National Assembly of France (the lower chamber of parliament) where lobbyists should register themselves. No financial reports are needed.

Legal basis for lobbying in Great Britain • There is no united act of lobbying in the UK. Lobbying activity is regulated by the great number of codes and laws which determine the relationships between state officials and interests groups.

• The main piece of documentation is Civil Service Code and each department of government elaborates own Management Code basing on this one. These normative acts regulate the financial interests and behavior of members of parliament but not behavior of interests groups.

• Committee on Standards in Public Life created in 1994 is the organization which regulates the relationships of lobbyist and officials. This committee controls officials but not lobbyists. This position is explained that way: creating the lists of lobbyists makes the illusion of “closed power” and the absence of communication in society. Lobbyists can cooperate with each other, create conditions in work and observe their realization.

Legal basis for lobbying in Germany • There is no federal act of lobbying activity in Germany. But there is the normative act “Registration of unions and their representatives in Bundestag” which is considered as the main law in the sphere of control over lobbyists. Each lobbyist should register in this list and after this he or she can act as a lobbyist.