LAWON LOBBYING ("Off. Herald of the RS", Nos. 87/2018 and 86/2019 - other law) |
Article 1
This Law shall regulate the conditions and manner of performing lobbying, lobbying rules, register and records related to lobbying and other issues of importance for lobbying.
Article 2
Lobbying is an activity that exerts influence on the authorities of the Republic of Serbia, autonomous provinces and local self-government units, bodies of holders of public authority, whose founder is the Republic of Serbia, an autonomous province, i.e. a local self-government unit (hereinafter: a public authority), in the procedure of passing laws, other regulations and general acts, within the competence of these authorities, in order to realize the interests of lobbying beneficiaries, in accordance with the law.
Activities not Considered Lobbying
Article 3
The following shall not be considered as lobbying:
1) Information, views and opinions on laws, other regulations and general acts, proposals or drafts of laws, other regulations and general acts, published in the media and other means by which the public is informed;
2) Activities of persons who publicly communicate their views, i.e. submit proposals and expert opinions to the public authorities for the purpose of initiating, preparing, considering, adopting and providing explanations of proposed solutions for laws, other regulations and general acts or participate at the invitation of public authorities with or without compensation or within the framework of projects whose beneficiary is a public authority, in preparing, considering or giving expert opinions on proposed solutions for laws, other regulations and general acts;
3) Citizens' initiatives addressed to the public authorities regarding the proposed solutions for laws, other regulations and general acts;
4) Activities of officials and employees of public authorities for the purpose of initiating, preparing, considering, adopting and providing explanations of proposed solutions for laws, other regulations and general acts, if these activities are carried out in accordance with their powers.
Lobbyist and Legal Person Performing Lobbying
Article 4
Lobbying may be performed by a natural person registered in the Register of Lobbyists, in accordance with this Law (hereinafter: lobbyist) and a company, i.e. an association registered in the Register of legal persons that perform lobbying in accordance with this Law (hereinafter: legal entity performing lobbying).
Lobbying may be performed by a natural person not registered in the Register of Lobbyists if he/she is a legal representative or employee of a lobbying beneficiary or represents the interests of an association or a company whose member is a beneficiary of lobbying (hereinafter: unregistered lobbyist).
Article 5
The lobbying beneficiary is a natural or legal person in whose interest lobbying is performed.
Article 6
A lobbied person is an elected, appointed, designated, employed or otherwise work engaged person in a public authority, as well as a person for whose electing, appointing or designating a public authority gives consent to, and a person who participates in the process of preparing and adopting of laws, other regulations and general acts or may exert influence on the content of laws, other regulations and general acts.
Principle of Protection of Public Interest
Article 7
A lobbied person shall prevent the occurrence of harmful consequences for the public interest that may arise from lobbying.
Article 8
A lobbyist, a legal person performing lobbying and an unregistered lobbyist shall act in accordance with the principle of integrity when lobbying.
The principle of integrity shall imply legality, transparency and accountability in work, as well as obeying ethics, in order to preserve personal reputation, reputation of the legal person performing lobbying and reputation of lobbying beneficiary, as well as of lobbying.
A lobbyist, a legal person performing lobbying and an unregistered lobbyist may not represent two or more lobbying beneficiaries who in this particular case have opposite interests.
Code of Conduct for Lobbying Participants
Article 9
The Code of Conduct of Lobbying Participants contains ethical rules on the conduct of all participants in lobbying with the aim that the lobbying is performed transparently, in accordance with this Law and the public interest.
The Code referred to in paragraph 1 of this Article shall be adopted by the Director of the Agency for Prevention of Corruption (hereinafter: the Agency).
II CONDITIONS FOR PERFORMING LOBBYING
Requirements for Lobbying by a Natural Person
Article 10
A person can be entered in the Register of Lobbyists:
(1) Who is a citizen of the Republic of Serbia;
(2) Who has full contractual capacity;
3) Who holds a university degree;
4) Who has not been convicted of a criminal offence that makes him/her unworthy to perform lobbying;
5) Against whom a security measure has not been imposed or ceased, i.e. a protective measure prohibiting the performance of an activity;
6) Who completed the training for a lobbyist.
A foreign natural person can perform lobbying in the Republic of Serbia if such a person is registered for lobbying in the country of its citizenship and if he/she is registered in a special record of foreign natural persons who perform lobbying in the territory of the Republic of Serbia.
By registering in a special record, a foreign natural person shall acquire the same rights and obligations as a lobbyist.
Requirements for Lobbying by a Legal Person
Article 11
A legal person can be registered in the Register of legal persons performing lobbying, if:
1) It is registered in the Register of business entities, i.e. in the Register of associations;
2) It employs at least one lobbyist;
3) It has not been convicted of a criminal offence, or no security measure i.e. protective measure prohibiting it from performing an activity has been imposed against it or has ceased to be imposed;
4) A responsible person in the company, i.e. association, has not been convicted of a criminal offence that makes him/her unworthy to perform lobbying and against whom a security measure, i.e. a protective measure prohibiting performance of an activity, has not been imposed or ceased.
A foreign legal person can perform lobbying in the Republic of Serbia if it is registered for performing lobbying in the country in which it has its registered office and if it is registered in a special record of foreign legal persons that perform lobbying in the territory of the Republic of Serbia.
By registering in a special record, the foreign legal person shall acquire the same rights and obligations as the domestic legal person that performs lobbying.
Prohibition to Perform Lobbying
Article 12
An elected, appointed, designated, employed or otherwise work engaged person in a public authority, as well as a person to whose election, appointment or designation the public authority gives consent, shall be prohibited from performing lobbying.
The prohibition to perform lobbying shall end following the expiration of two years from the date of termination of office, i.e. termination of employment or work engagement.
Article 13*
Training for a lobbyist shall be conducted by the Agency in accordance with the training program adopted by the Director of the Agency.
The Agency shall issue a certificate on the completion of training for a lobbyist.
The form of the certificate of the completed training for a lobbyist and the fee for conducting training for a lobbyist shall be prescribed by the Director of the Agency.
Application for Registration in the Register of Lobbyists
Article 14
The application for registration in the Register of Lobbyists shall be submitted to the Agency.
The application referred to in paragraph 1 of this Article shall contain the name and surname, the unique citizen’s registration number and domicile of the applicant.
The application referred to in paragraph 1 of this Article shall be accompanied by evidence of the fulfilment of the requirements for performing lobbying.
The layout and detailed content of the form of the application referred to in paragraph 1 of this Article shall be prescribed by the Director of the Agency.
Application for Registration in the Register of Legal Persons that Perform Lobbying
Article 15
A legal entity shall submit to the Agency an application for registration in the Register of legal persons that perform lobbying.
The application referred to in paragraph 1 of this Article shall contain the name and seat of the legal person, registration number and tax identification number, as well as the name and surname, the unique citizen’s registration number and the domicile of the authorized person.
The application referred to in paragraph 1 of this Article shall be accompanied by evidence of the fulfilment of the conditions for performing lobbying by a legal person.
The layout and detailed content of the form of the application referred to in paragraph 1 of this Article shall be prescribed by the Director of the Agency.
Erasing from the Register of Lobbyists
Article 16
The Agency shall issue a resolution to erase from the Register of Lobbyists:
1) At the request of the lobbyist;
2) If the lobbyist is convicted of a criminal offence that renders him/her unworthy to perform lobbying;
3) If the lobbyist has been imposed a security measure or a protective measure prohibiting the performance of activities;
4) If the lobbyist acted contrary to the principle of integrity;
5) Upon loss of contractual capacity by a lobbyist;
6) If the lobbyist becomes an official or is employed, i.e. work engaged with a public authority.
Erasing from the Register of Legal Persons that Perform Lobbying
Article 17
The Agency shall issue a resolution to erase from the Register of legal persons that perform lobbying:
1) At the request of a legal person;
2) Due to termination of the legal person;
3) If the legal person does not have at least one lobbyist employed;
4) If a legal person has been convicted of a criminal offence or has been imposed with a security measure, i.e. a protective measure prohibiting it from performing activity;
5) If the responsible person in the legal person has been convicted of a criminal offence that makes him/her unworthy to perform lobbying, as well as if he/she has been imposed with a security measure, i.e. a protective measure prohibiting him/her from performing activities;
6) If the legal person has violated the provisions of this Law governing the principle of integrity.
Resolution on Registration and Erasing from the Register
Article 18
The resolution on registration in the Register of lobbyists, i.e. the Register of legal persons that perform lobbying, shall be issued by the Director of the Agency within 15 days for natural persons, i.e. within 30 days for legal persons, from the date of submission of a proper and complete application.
The resolution on erasing from the Register of lobbyists, i.e. the Register of legal persons that perform lobbying, shall be issued by the Director of the Agency no later than 15 days from the day of learning of the reason for erasing from the Register.
Against the resolution of the Director of the Agency, referred to in paras. 1 and 2 of this Article, an appeal can be lodged with the Board of the Agency.
The decision of the Board of the Agency shall be final and an administrative dispute can be brought against it.
Article 19
The Agency shall maintain the Register of lobbyists and the Register of legal persons that perform lobbying.
The Register referred to in paragraph 1 of this Article shall be public and shall be published on the Agency's website.
When maintaining the register referred to in paragraph 1 of this Article, the Agency shall comply with the regulations governing the protection of personal data.
The manner of maintaining and the form of the register referred to in paragraph 1 of this Article shall be regulated more closely by an act of the Director of the Agency.
Contents of the Register of Lobbyists
Article 20
In the Register of lobbyists, data on lobbyists shall be entered, and in particular:
1) Number and date of registration in the Register of lobbyists;
2) Name and surname, unique citizen’s registration number and domicile of the lobbyist;
3) Number and date of resolution on registration in the Register of lobbyists;
4) number and date of the resolution on erasing from the Register of lobbyists with data on the reasons for erasing.
Contents of the Register of Legal Entities that Perform Lobbying
Article 21
In the Register of legal persons that perform lobbying, data on that legal person shall be recorded, and in particular:
1) Number and date of registration in the Register of legal persons that perform lobbying;
2) Name and seat of the legal person;
3) Number and date of the resolution on registration in the companies’ register, i.e. the register of associations;
4) Company registration number and tax identification number of the legal person;
5) Name and surname, domicile and unique citizen’s registration number of the responsible person in the legal person;
6) Name and surname, domicile and unique citizen’s registration number of the lobbyist employed by the legal person;
7) Number and date of the resolution on registration in the register for the lobbyist employed by the legal person;
8) Number and date of the resolution on erasing from the register with data on the reasons for erasing.
Article 22
A lobbyist shall notify the Agency about the change of domicile data, and the legal person that performs lobbying about the change related to the data from the companies’ register, i.e. the register of associations, the tax identification number, as well as changes related to the lobbyist employed by that legal person.
The lobbyists, i.e. the legal person performing lobbying, shall notify the Agency in writing about the changes referred to in paragraph 1 of this Article, within 15 days from the date of the occurance of the change.
Article 23
The Agency shall, ex officio, enter the data in the register referred to in Article 19, paragraph 1 of this Law, immediately after the resolution on registration, i.e. erasing from the register becomes final in administrative proceedings, as well as upon serving of the notification on changes referred to in Article 22 of this Law.
The Agency may request from the authority responsible for maintaining criminal records, data that are relevant for the registration of a lobbyist and a legal person that performs lobbying.
Special Record of Foreign Natural and Legal Persons that Perform Lobbying
Article 24
The Agency shall keep a special record of foreign natural and legal persons performing lobbying in the territory of the Republic of Serbia.
The special record referred to in paragraph 1 of this Article shall contain the name and surname of a foreign natural person, i.e. the name of a foreign legal person, as well as other data from the act of an authority of a foreign state on the basis of which these persons perform lobbying in a foreign state.
The manner of maintaining and the form of the record referred to in paragraph 1 of this Article shall be prescribed by an act of the Director of the Agency.
The special record referred to in paragraph 1 of this Article shall be public and shall be published on the Agency's website.
Application of the Law on General Administrative Procedure
Article 25
The procedure of issuing a resolution on registration, i.e. erasing from the Register of Lobbyists and the Register of Legal persons that perform lobbying shall be subject to the provisions of the law governing the general administrative procedure.
Article 26
Lobbying shall commence with the address of a lobbyist or an unregistered lobbyist to a lobbied person, in writing.
The lobbyist shall submit, along with the letter addressing the lobbied person, proof of registration in the Register of Lobbyists, a lobbying contract without specifying the amount of the agreed lobbying fee, as well as the name of the law, other regulation or general act which is the subject matter of lobbying.
Article 27
A lobbyist, i.e. the legal person that performs lobbying, can start lobbying only after conclusion of a lobbying contract.
A lobbying contract shall contain in particular:
1) The data on contracting parties (name, surname and domicile of a natural person, i.e. name and seat of a legal person);
2) Subject matter of lobbying (description of the case and the purpose of lobbying);
3) Data on the manner and duration of lobbying;
4) Amount of lobbying fee;
5) Statement by the lobbyist, i.e. the responsible person in the legal person that performs lobbying that he/she shall act in accordance with the rules of lobbying prescribed by this Law and the Code of conduct of participants in lobbying.
If the contracting party is a legal person that performs lobbying, the lobbying contract shall also contain the name and surname of the lobbyist employed by that legal person that is to perform lobbying.
The lobbyist, i.e. the legal person that performs lobbying, cannot be contractually obliged to a certain outcome of lobbying.
Termination of Contract and Suspension of Lobbying Process
Article 28
Each contracting party may, at any time, demand that the lobbying contract be terminated.
A lobbyist, i.e. a legal person performing lobbying, shall, without delay, suspend the lobbying process and terminate the lobbying contract if:
1) They suspect that they will violate the principle of integrity;
2) A lobbyist, i.e. a responsible person in a legal person performing lobbying becomes an official, employee or otherwise engaged in work in a public authority.
Article 29
A lobbyist, after submitting the letter referred to in Article 26 of this Law, shall have the right to ask the lobbied person for a timely audience, and to provide him/her with data related to the subject matter of lobbying.
The lobbyist shall have the right to be timely informed of any public discussions and other forms of public consultations regarding the preparation and adoption of regulations which are the subject matter of lobbying.
Responsibilities of Lobbied Person and Public Authority
Article 30
The lobbied person shall make a notice of receipt of the letter referred to in Article 26 of this Law and to submit it to the Agency within 15 days from the day of receipt.
The Agency may request from the lobbied person to submit extraordinary notifications of contacts that he/she had during lobbying with a lobbyist, i.e. an unregistered lobbyist.
The notice referred to in paras. 1 and 2 of this Article shall contain the name and surname of the lobbied person, data on his/her function, employment or work engagement, name, surname and domicile of the lobbyist, i.e. name and seat of the legal person performing lobbying, as well as other data of importance for informing the Agency.
The Agency may use the data from the notice referred to in paras. 1 and 2 of this Article for the purpose of verifying the accuracy of the data specified in the lobbyist's work report.
Method of submission, closer content and form of notice referred to in paras. 1 and of this Article shall be regulated by an act of the Director of the Agency.
The public authority shall keep record of lobbying contacts for officials who are elected, appointed, designated, employed or otherwise work engaged in that body.
The record referred to in paragraph 6 of this Article shall contain the name and surname of the lobbied person, data on his/her function, employment or work engagement, name, surname and domicile of the lobbyist, i.e. name and seat of the legal person performing lobbying, as well as other data of importance for informing the Agency.
The more detailed content and manner of keeping the record referred to in paragraph 6 of this Article shall be regulated by an act of the Director of the Agency.
The Agency shall control the content and manner of keeping the record referred to in paragraph 6 of this Article.
In the event of a breach of the obligation stated in paras. 1, 2 and 6 of this Article and Article 33, paragraph 2, item 3) and paragraph 3 of this Law, the Agency may impose a measure upon a lobbied person, i.e. a responsible person in a public authority, in accordance with the law governing the prevention of corruption, i.e. initiate the launching of disciplinary proceedings.
Article 31
The lobbyist, i.e. the legal person that performs lobbying, shall submit a written work report to the Agency, at the latest on January 31 of the current year for the previous year.
The lobbyist, i.e. the legal person for whom the resoluton on erasing from the register has been issued, shall, within 15 days from the date of finality of the resolution in administrative proceedings, submit a work report to the Agency for the period from the submission of the last report to the day of finality of the resolution.
Article 32
The work report shall contain:
1) Number and date of resolution on entry into the registrer;
2) Data on the beneficiary of lobbying in the reporting period (name, surname and domicile of a natural person, i.e. name and seat of a legal person);
3) Data on lobbied persons and public authorities where lobbying has been performed (name, surname, function, employment or work engagement of the lobbied person and name and seat of the public authority);
4) Subject matter of lobbying.
A more detailed contents and form of the work report shall be prescribed by the act of the Director of the Agency.
Article 33
The accuracy of data referred to in Article 32 of this Law shall be verified by the Agency.
For the purpose of verification referred to in paragraph 1 of this Article, the Agency may:
1) Ask the lobbyist, i.e. the legal person that performs lobbying, to submit the lobbying contract;
2) Request data from the lobbying beneficiary;
3) Request data from lobbied persons and public authorities.
A lobbyist, a legal person that performs lobbying, lobbying beneficiary, public authority and lobbied person shall submit the requested data to the Agency within 15 days from the date of serving of the Agency's request.
Misdemeanors committed by Legal Person that Performs Lobbying, Lobbyist, and Lobbying Beneficiary
Article 34
A fine in the amount of RSD 50.000 to RSD 2.000.000, shall be imposed for a misdemeanor of a legal person performing lobbying if:
1) It fails to notify the Agency in writing of the change of data, no later than 15 days from the date of the change (Article 22);
2) It commences the lobbying procedure prior to conclusion of a lobbying contract (Article 27, paragraph 1);
3) It fails to submit a written work report to the Agency, at the latest on 31 January of the current year for the previous year (Article 31, paragraph 1);
4) Within 15 days from the date of finality of the resolution on erasing from the register in administrative proceedings, fails to submit a work report to the Agency for the period from the submission of the last report to the day of finality of the resolution (Article 31, paragraph 2);
5) If it fails to submit to the Agency the requested data within the prescribed time limit (Article 33, paragraph 3).
A responsible person in the legal person shall be fined in the amount of RSD 30.000 up to RSD 150.000 for the misdemeanor referred to in paragraph 1 of this Article.
A lobbyist shall be imposed a fine for the misdemeanor defined in paragraph 1 of this Article, in the amount of RSD 30.000 up to RSD 150.000.
For the misdemeanor referred to in paragraph 1, item 5) of this Article, the legal person - lobbying beneficiary shall be fined in the amount of RSD 50.000 to RSD 2.000.000.
For the misdemeanor referred to in paragraph 1, item 5) of this Article, the natural person - lobbying beneficiary, i.e. responsible person in the legal person - beneficiary of lobbying, shall be fined in the amount of RSD 30.000 to RSD 150.000.
Time Limit for Adoption of Bylaws
Article 35
The implementing by-laws to this Law shall be adopted by the date of entry into force of this Law.
Article 36
This Law shall enter into force at the expiry of nine months from the date of publication in the "Official Herald of the Republic of Serbia".
PUBLISHER’S NOTE
* Article 13, paragraph 3 of the Law on lobbying ("Off. Herald of the RS", No. 87/2018), in the part that stipulates that the fee for conducting lobbyist training shall be prescribed by the Director of the Agency for prevention of corruption, shall cease to be applicable on 14th of December, 2019, on the day of entry into force of the Law on Amendments and Supplements to the Law on Republic Administrative Fees ("Off. Herald of the RS", No. 86/2019).