The Kyrgyz Republic adopted Law No. 72 on April 2, 2024, amending the Law of the Kyrgyz Republic “On Non-Commercial Organizations” (“NCO’s” or “NGO’s”) This law introduced new concepts such as “foreign non-commercial organization,” “structural units of foreign non-commercial organizations,” “non-commercial organization performing the functions of a foreign representative,” and “political activity.” This analysis reviews provisions of current Kyrgyz Republic laws as of May 20, 2024, including information from official Kyrgyz Republic government websites. The Law defines “political activity” as activities related to state structure, protection of the constitutional order, sovereignty, territorial integrity, legality, law and order, state security, defense, foreign policy, socio-economic issues, and national development. Forms of political activity include:
- Participation in public events
- Election-related activities
- Appeals to state bodies
- Dissemination of opinions on state decisions
- Formation of socio-political views
- Involving citizens, including minors, in these activities
Non-commercial organizations (NCOs) engaging in activities such as public opinion analysis, participating in debates, submitting requests to state bodies, expressing opinions publicly, monitoring elections and referendums and receiving foreign funding will be negatively affected by the new law.
Duties of Non-Profit Organizations Designated as Foreign Representative
- Application for Registry Inclusion: Starting April 15, 2024, NCOs are required to apply for inclusion in the Registry of non-profit organizations performing the functions of a foreign representative, maintained by the authorized body.
- Labeling of Materials: NCOs listed in the Registry are obligated to label materials they produce and distribute, including those disseminated through mass media and the Internet, indicating their designation as a foreign representative.
- Audit Opinion Provision: NCOs are required to annually provide the authorized body with an audit opinion from an independent auditor by May 1st.
Responsibility for Non-Compliance
The authorized body can suspend an NCO’s activities for up to six months if the NCO fails to rectify violations related to registry inclusion, material labeling, or audit opinion provision. During suspension, NCOs are prohibited from using bank deposits except for specific economic activities. If violations persist, the authorized body can file for liquidation of the NCO. The authorized body can control NCO activities and request regulatory and financial information. However, access to financial information is subject to the Tax Code and the Law “On Banks and Banking Activities” which strictly provide access to such information in a limited number of instances.
Application, Registry, and Inspection Procedures
The Ministry of Justice approved the Regulation “On the Procedure for Maintaining the Register of Non-Profit Organizations Performing the Functions of a Foreign Agent and Conducting Inspections of Their Activities.” The application for Registry inclusion must be submitted to the Ministry of Justice or its territorial subdivisions within two months from May 16, 2024. The Registry, an electronic database maintained by the Ministry of Justice, contains information about registered NCOs. Inspections cover:
- Financial transparency and tax compliance
- Compliance of activities with statutory goals
- Possible participation in political activities
Under the law, the nonprofits must also submit to costly financial reporting requirements and extensive state oversight that amounts to almost unrestricted administrative control.
Conclusions
The changes to the Kyrgyz Republic’s Law “On Non-Profit Organizations” raise concerns about potential corruption and limitations on NCO activities and are in conflict with the guarantees provided by the Constitution of the Kyrgyz Republic. The broad definition of political activities can be used to target organizations unrelated to politics whose legitimate activities the Kyrgyz authorities may view as a threat. The complex inspection procedures can create opportunities for corruption and abuse and used as a tool of repressions against those who critize the authorities. To minimize restrictions, NCOs might consider operating through branches registered in foreign countries. Freedom for Eurasia urges international partners to pressure the government of the Kyrgyz Republic to engage in dialogue with civil society organizations and repeal the disastrous legislation.
