Annex A. Detailed transparency and integrity standards on lobbying activities
Table A A.2. Definitions of “lobbyist” and exemptions | |||
---|---|---|---|
Source | Definition of “Lobbyists” | Exemptions | |
Australia | Lobbying Code of Conduct (Article 3) | Lobbyist: any person, company or organisation who conducts lobbying activities on behalf of a third-party client or whose employees conduct lobbying activities on behalf of a third-party client. | The following entities are not considered as lobbyists: 1. Charitable and religious organisations; 2. Non-profit associations or organisations constituted to represent the interests of their members; 3. Individuals making representations on behalf of relatives or friends about their personal affairs; 4. Members of trade delegations visiting Australia; 5. Persons who are registered under an Australian Government scheme regulating the activities of members of that profession (e.g. registered tax agents, customs brokers, company auditors and liquidators) provided that their dealings with Government representatives are part of their normal day to day work; 6. Service providers (such as lawyers, doctors, accountants) who make occasional representations to the Government on behalf of clients in a way that is incidental to the provision of their professional services. However, if a significant or regular part of the services offered involves lobbying activities on behalf of clients of that firm, the firm and the person offering those services must register and identify the clients for whom they carry out lobbying activities. |
Foreign Influence Transparency Scheme Act 2018 (Sections 10, 24, 25, 26, 27, 29, 30) | Persons undertaking registrable activities on behalf of a foreign principal for the purpose of political or governmental influence must register under the scheme. A foreign principal is: 1. A foreign government (the government or an authority of the government of a foreign country or of a part of a foreign country, a foreign local government body or foreign regional government body); 2. A foreign political organisation (foreign political party and foreign organisation that exists primarily to pursue political objectives); or 3. A foreign government related entity (a person, other than an individual, who is related to a foreign government or a foreign political organisation. This includes companies and other entities in which a foreign government or foreign political organisation is in position to exercise total or substantial control over the company). 4. A foreign government related individual (an individual, who is neither an Australian citizen nor a permanent Australian resident, accustomed or under an obligation to act in accordance with the directions, instructions or wishes of a foreign principal; an individual on which a foreign principal is in a position to exercise total or substantial control). Former Cabinet Ministers acting on behalf of a foreign principal have specific obligations: they must register any activity they undertake on behalf of a foreign principal unless an exemption applies. This extends beyond the categories of ‘registrable activity’ covered by the scheme. This includes circumstances where a former Cabinet Minister is employed by (or acts in any capacity for) a foreign principal at any time following their departure from their role as Cabinet Minister. This is a lifetime obligation. Similarly, recent designated position holders (Ministers, Members of Parliament, a member of the staff of a Minister and whose position is at or above the level of Senior Advisor, an Agency Head or deputy Agency Head or a holder of an equivalent position, Ambassadors or High Commissioners in a country or place outside Australia) must register any activity they undertake on behalf of a foreign principal where, in undertaking the activities, they contribute experience, knowledge, skills or contacts gained in their former position. This includes circumstances where the recent designated position holder is employed by (or acts in any capacity for) a foreign principal at any time following their departure from their role. This obligation extends for 15 years from the date the recent designated position holder leaves the relevant position. | Exemptions from registration (Sections 5, 24, 25, 26, 27, 29, 30) 1. Humanitarian aid or assistance: a person undertaking a registrable activity on behalf of a foreign principal and that activity primarily related to provide humanitarian aid or assistance. 2. Legal advice or representation: a person undertaking a registrable activity on behalf of a foreign principal and the activity is, primarily related to, or is incidental to: (i) providing legal advice; (ii) legal representation in judicial, criminal or civil inquiries, investigations or proceedings; or (iii) legal representation related to government administration processes involving a foreign principal. 3. Members of Parliament and statutory office holders: a person undertaking a registrable activity on behalf of a foreign principal and, while the activity is being undertaken, the person holds a position or appointment as a member of the Australian Parliament, a member of a state Parliament territory Legislative Assembly, or an office bearer under a law of the Commonwealth, state or territory. 4. Diplomatic, consular and similar activities: a person undertaking a registrable activity on behalf of a foreign government and the activity is within the scope of the person’s function as a diplomatic or consular official. 5. United Nations officials: United Nationals personnel or individuals formally associated with the UN who are undertaking a registrable activity on behalf of a foreign principal. 6. Religion: a person undertaking a religious activity on behalf of a foreign principal and that activity is undertaken in good faith. 7. Foreign government employees: a person undertaking a registrable activity on behalf of a foreign principal and does so while employees as an officer of a foreign government and the activity is undertaken in the name of the foreign government. 8. Commercial or business pursuits – directors and employees of a foreign government related entity: this exemption applies where the person undertakes an activity on behalf of a foreign government related entity, the activity is a commercial or business pursuit, and the person undertakes the activity in or under the same or a substantially similar name to the foreign government-related entity. 9. Industry representative bodies: a registrable activity is undertaken in the course of representing the collective interests of members (both foreign and domestic) of an industry representative body. The exemption does not apply to representative groups which are foreign entities or where the membership does not include Australian entities. 10. Personal representations in government administrative processes: individuals who make representations on behalf of a foreign principal in relation to a government administrative process that involves the foreign principal or matters affecting the personal welfare of the foreign principal. 11. Registered charities: the exemption applies to registered charities that undertake certain registrable activities on behalf of a foreign principal in pursuit of the charity’s purpose. The exemption does not apply to disbursement activities. 12. Artistic purposes: a person undertaking a registrable activity on behalf of a foreign principal and the activity relates to the arts or to a person’s artistic purpose. 13. Certain registered organisations: where an association of employees or an enterprise association that is registered un the Fair Work Act 2009 undertakes a registrable activity on behalf of a foreign principal. 14. Activities of members of certain professions: where a tax agent, a customs broker or a liquidator or receiver undertakes a registrable activity on behalf of a foreign principal in the usual course of undertaking their profession. 15. Employees and contractors engaged under the Members of Parliament (Staff) Act 1984 and Commonwealth public officials: the exemption applies where the person undertakes a registrable activity within the scope of the person’s ordinary or usual duties, and at the time the activity is undertaken the identity of the foreign principal is made apparent or is disclosed to all persons with whom the person is dealing. 16. Persons engaging in a government decision-making process as required by law: a person undertaking general political lobbying on behalf of a foreign principal for the purpose of political or governmental influence, and the activity relates to a government decision-making process in which the foreign principal is required by law to participate. | |
Austria | Lobbying and Interest Representation Transparency Law (Article 4) | Lobbying firms: companies whose business purpose is to carry out lobbying activities for clients in return for payment; Companies employing company lobbyists: companies employing staff for the purpose of lobbying on their own behalf on condition that a significant amount of his/her responsibilities is taken up by lobbying activities; Self-governing bodies: bodies established by law to represent the professional or common interests of its members. This includes the Chamber of Commerce and Labour and professional associations; Advocacy groups: legal associations of private individuals. | The following groups are excluded from the definition (and are not obliged to be listed in the register): 1. Political parties and their affiliated organisations; 2. Religious groups; 3. The Austrian Association of Municipalities and the Austrian Association of Cities, including their social security institutions. |
Belgium | Rules of Procedure of the Chamber of Representatives (Art. 163ter-2) | Persons representing the following institutions: 1. Specialised consulting firms, law firms; and freelance consultants; 2. Internal representatives, professional groups and associations, and trade unions; 3. Non-governmental organisations; 4. Think tanks, research bodies and university institutions; 5. Organisations representing churches and religious communities; 6. Organisations representing local, regional and municipal authorities and other public or semi-public entities. | Specific exemptions apply to certain activities conducted by the actors covered by the register (see Annex Table A A.3) |
Brazil | No definition | No definition | No definition |
Canada | Lobbying Act (Articles 2, 5 and 7) | Consultant lobbyists: 1. An individual who communicates with a federal public office holder, for payment, on behalf of a client (i.e. another individual, a company or an organization); 2. An individual who arranges a meeting between a public office holder and any other person. In house Lobbyists” (Corporations and Organisations): Employee of a corporation or an organisation who communicates with public office holders on behalf of their employer, any subsidiary of the employer or any corporation of which the employer is a subsidiary. The most senior paid employee is responsible for filing a registration for a corporation or organisation. Organisations include: 1. A business, trade, industry, professional or voluntary organisation; 2. A trade union or labour organisation; 3. A chamber of commerce or board of trade; 4. A partnership, trust, association, charitable society, coalition or interest group; 5. A government, other than the Government of Canada; and 6. A corporation without share capital incorporated to pursue, without financial gain to its members, objects of a national, provincial, patriotic, religious, philanthropic, charitable, scientific, artistic, social, professional or sporting character or other similar objects. | For consultant lobbyists, the law only applies to those who carry out lobbying activities in return for payment, while lobbying by volunteers and private individuals do not fall within its scope. For in-house lobbyists, the activities conferring the status of lobbyist must make up a major part of their duties (the threshold is 20%, calculated in full-time equivalent). |
Chile | Act regulating lobbying and representations of private interests to authorities and civil servants (Article 2) | Active subjects – lobbyists: natural or legal persons, Chilean or foreign, who carry out remunerated activities representing a particular interest to influence decisions taken by passive subjects. Active subjects – managers of particular interests: natural or legal persons, Chilean or foreign, who carry out unpaid activities representing a particular interest to influence decisions taken by passive subjects. | Specific exemptions apply to certain activities conducted by the actors covered by the register (see Annex Table A A.3) |
Colombia | No definition | No definition | No definition |
Costa Rica | No definition | No definition | No definition |
Czech Republic | No definition | No definition | No definition |
Denmark | No definition | No definition | No definition |
Estonia | No definition | No definition | No definition |
Finland | No definition | No definition | No definition |
France | Law on transparency, the fight against corruption and the modernisation of the economy (Article 25) | Interest representatives - organisations: executives, employees or members of legal persons under private law who communicate with public officials with the aim to influence public decisions. These organisations include: 1. Civil and commercial companies; 2. Law firms and consulting firms, 3. Professional organisations; 4. Trade unions and chambers of commerce; 5. Non-governmental organisations; 6. Think tanks, research institutes, foundations; 7. Public bodies conducting an industrial and commercial activity. Interest representatives – self-employed individuals: natural persons who are not employed by a legal person – self-employed lawyer, lawyer working in an unincorporated entity, independent consultant – who initiative communications with public officials with the aim to influence public decisions. | Specific exemptions apply to certain activities conducted by the actors covered by the register (See Annex Table A A.3) |
Germany | Law introducing a Lobby register for lobbying vis-à-vis the German Bundestag and the Federal government (Article 1-4) | Interest representatives are all natural or legal persons, partnerships or other organisations, including in the form of networks, platforms or other forms of collective action, which themselves carry out or commission interest representation activities. | The following organisations are excluded from the definition: 1. Persons who hold a public office or mandate; 2. Employers’ or employees’ associations; 3. Political parties; 4. Institutions promoting socio-political and democratic education work (political foundations); 5. Organisations promoting foreign cultural and educational policies (insofar as they are institutionally supported with funds from the federal budget); 6. Religious organisations; 7. Municipal umbrella organisations; 8. National minority organisations. Specific exemptions also apply to certain activities conducted by the actors covered by the register (see Annex Table A A.3) |
Greece | No definition | No definition | No definition |
Hungary | Government Decree 50/2013 on the system of integrity management at public administration bodies and the procedural rules of receiving lobbyists (II. 25.) | Lobbyists are defined as “persons outside the state organisation” but no further definition is provided. | The Government Decree does not specify exemptions. |
Ireland | Regulation of Lobbying Act (Article 5) | Lobbyists include the following actors who communicate directly or indirectly about a relevant matter with a designated public official: 1. An employer with more than 10 employees where the communications are made on its behalf; 2. A representative body with at least one employee communicating on behalf of its members and the communication is made by a paid employee or office holder of the body 3. An advocacy body with at least one employee that exists primarily to take up particular issues and a paid employee or office holder of the body is communicating on such issues; 4. A third party being paid to communicate on behalf of a client who fits into one of the preceding three categories; 5. Any person communicating about the development or zoning of land. | Specific exemptions apply to certain activities conducted by the actors covered by the register (see Annex Table A A.3) |
Iceland | Prime Minister‘s bill on Conflicts of Interest in the Government Offices of Iceland (Article 1) | “Lobbyists” are individuals who communicate with authorities on behalf of private parties and seek to influence them commercially. | Specific exemptions apply to certain activities conducted by the actors covered by the register (see Annex Table A A.3) |
Israel | Knesset Law, Chapter 12 (Article 66) | A lobbyist is a person who, through engagement or for compensation, takes actions on behalf of a client to persuade Members of the Knesset (MKs) with regards to bills and secondary legislation in the Knesset or its committees, decisions of the Knesset and its committees, and the appointment or election of a person for a position by the Knesset or by an organisation of which the Knesset is a representative member. | 1. A person who, in the course of his/her work, takes such actions on behalf of his/her employer; 2. A person who holds a position under law in the civil service, in a local authority or in a corporation established by law, and takes such actions within the framework of his/her position; 3. A person who represents an office holder or holds a position in a quasi-judicial proceedings before the Knesset or its committees |
Italy | Regulation of interest representation activities in the offices of the Chamber of Deputies (Article 3) Resolution of the Bureau of the Chamber of Deputies on the “Discipline of the activity of representing interests in the premises of the Chamber of Deputies” (Articles 4 and 5) | Any natural or legal person who intends to carry out activities of interest representation towards Members of the Chamber of Deputies, whether of their own or of a client. This includes trade unions and employers’ associations, non-governmental organisations, businesses, trade associations, subjects specialising in professional representation of third party interests, professional associations, consumers’ associations. | 1. Constitutional bodies and public administrations; 2. International and supranational organisations; 3. Diplomatic agents and consular officials; 4. Political parties and movements; 5. Religious denominations. |
Japan | No definition | No definition | No definition |
Korea | No definition | No definition | No definition |
Latvia | Cabinet Regulation No. 1 "Values of State Administration and Fundamental Principles of Ethics" (Chapter 3 “Open Communication with Lobbyists”, Article 7) | A natural or legal person who upon his or her own initiative in his or her own interest or in the interests of other natural or legal persons communicates with a public employee or his//her institution in order to influence the drafting or taking of decisions. | Specific exemptions apply to certain activities conducted by the actors covered by the register (see Annex Table A A.3) |
Lithuania | Law on Lobbying Activities (Articles 1 and 2) | A ‘Lobbyist’ means a natural person, legal entity or another organisation or a division thereof, engaged in lobbying activities. Clients of lobbying activities means natural or legal persons or any other organisation or division thereof that have concluded a written lobbying contract with a lobbyist or a legal person that has assigned or instructed its participant, member of the management body or employee to conduct lobbying activities. | A legal person or other organisations or division thereof that are a state or municipal institution or body, a state or municipal enterprise, a public institution in which the state or a municipality is the owner or shareholder, as well as the Bank of Lithuania, do not have the right to be a lobbyist. The Law does not apply to non-governmental organisations, political parties and religious groups/associations. |
Luxembourg | Code of Conduct for Members of Parliament relating to financial interests and conflicts of interest (Article 5 “Rules on Lobbying”) | A definition of “lobbyist” is not provided. | A definition of “lobbyist” is not provided. |
Mexico | Rules of Procedure of the Chamber of Deputies (Article 263) Rules of Procedure of the Senate (Articles 298) | [House of representatives] A lobbyist is an individual from outside the House who represents a natural person, a private or social body, and who carries out lobbying activities, for which it obtains a material or economic benefit. [Senate] Persons dedicated to promoting the legitimate interests of individuals, before the management bodies and committees of the Senate or before senators individually or jointly, with the purpose of influencing decisions. | The Rules of Procedure do not specify exemptions. |
Netherlands | On the website of the House of Representatives (“Lobbyists”) section. | Advocates/lobbyists are: 1. Employees of public affairs and public relations firms; 2. Representatives of civil society organizations/industry associations/umbrella organisations; 3. Representatives of municipalities and provinces. | Registration is voluntary and no exemptions are specified. |
New Zealand | No definition | No definition | No definition |
Norway | No definition | No definition | No definition |
Peru | Law regulating the management of interests in the public administration, and associated decrees (Article 7) Supreme Decree that approves the Regulation of Law No. 28024 - Law that regulates the management of interests in the public administration (Article 3) | “ Person who performs an interest management act”: natural or legal person, national or foreign, who conducts interest management actions on behalf of their own interests or the interests of third parties, in relation to public decisions to be adopted by officials with public decision-making capacity. Owners and managers of national or foreign media or their companies are prohibited from acting “managers of interest” | Specific exemptions apply to certain activities conducted by the actors covered by the register (see Annex Table A A.3) |
Poland | Act on Legislative and Regulatory Lobbying (Article 2) | Professional lobbyist: natural person or legal person paid to carry on lobbying activities on behalf of or in the name of a third party. | The Act only provides transparency for professional lobbyists, and does not cover in-house lobbyists from other entities. |
Portugal | No definition | No definition | No definition |
Romania | Memorandum for creating a Unique Interest Groups Transparency Register (Part 3) | “Specialised groups” means any legally constituted group, based in Romania or carrying out activities in Romania, or being registered in another country, including: 1. Companies with legal personality; 2 Associations, foundations and federations; 3. Religious organisations; 4. Trade unions and employers’ organisations; 5. Chambers of commerce; 6. Local government associations. 7. Other legally constituted organisations. 8. Authorised persons, self-employed individuals and family businesses, and law firms. | The Memorandum does not specify exemptions. |
Slovak Republic | No definition | No definition | No definition |
Slovenia | Integrity and Prevention of Corruption Act of 2010 (Article 4) | “Lobbyist” means any person who carries out activities on behalf of interest groups, or a person who is engaged in lobbying and is employed in an interest group and lobbies on its behalf, or a person who is an elected or otherwise legitimate representative of this interest group. “Interest groups” means legal persons governed by private law, and other legally regulated forms of association of natural or legal persons, on behalf and for the account of which a lobbyist performs a lobbying activity. | Specific exemptions apply to certain activities conducted by the actors covered by the register (see Annex Table A A.3) |
Spain | Code of Conduct for Members of the Congress and the Senate (Article 6) | Interest groups are natural or legal persons, or entities without legal personality, that communicates directly or indirectly with holders of public or elected office or their personnel in favour of private, public, or collective interests, seeking to modify or influence issues related to the drafting or modification of legislative initiatives. N:B. Though the Code includes a definition specifying targeted office holders, only Members of Parliament are required to make their agenda public. | The Code of Conduct does not specify exemptions. |
Sweden | No definition | No definition | No definition |
Switzerland | No definition | No definition | No definition |
United Kingdom | Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act (Article 2) | “Consultant lobbyists” are persons who, in the course of a business and in return for payment, make communications on behalf of a person or persons, with Ministers of the Crown and permanent secretaries. Persons include companies, partnerships, and individuals. It does not matter whether the person to whom the communication is made, or the person making it, or both, are outside the United Kingdom when the communication is made. | Specific exemptions apply to certain activities conducted by the actors covered by the register (see Annex Table A A.3) |
United States | Lobbying Disclosure Act (Article 10) | A lobbyist is any individual (1) who is either employed or retained by a client for financial or other compensation (2) whose services include more than one lobbying contact; and (3) whose lobbying activities constitute 20 percent or more of his or her time in services for that client over any three-month period. A client is any person or entity (any individual, corporation, company, foundation, association, labour organization, firm, partnership, society, joint-stock company, group of organizations, or state or local government) that employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of that person or entity. An organization employing its own in-house lobbyist(s) is considered its own client for reporting purposes. | Specific exemptions apply to certain activities conducted by the actors covered by the register (see Annex Table A A.3) |
Foreign Agents Registration Act (United States Code § 611 and 613) | An “agent of a foreign principal” is any person who acts as an agent, representative, employee, or servant, or otherwise acts at the order, request, or under the direction or control of a “foreign principal” and does any of the following: 1. Engages within the United States in political activities, such as intending to influence any U.S. Government official or the American public regarding U.S. domestic or foreign policy or the political or public interests of a foreign government or foreign political party.; 2. Acts within the United States as a public relations counsel, publicity agent, information service employee, or political consultant; 3. Solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value within the United States; 4. Represents within the United States the interests of a foreign principal before U.S. Government officials or agencies. A “foreign principal” can be a foreign government, a foreign political party, any person outside the United States (except U.S. citizens who are domiciled within the United States), and any entity organised under the laws of a foreign country or having its principal place of business in a foreign country. It can also include a foreign faction or body of insurgents whose legitimacy the United States government has yet to recognise. | An agent of a foreign principal may be exempt from FARA’s registration obligations if the agent’s activities fall within one of the following exemptions: 1. Diplomatic officers and diplomatic staff; 2. Certain registered foreign officials who are not U.S. citizens and are not public-relations counsels, publicity agents or information-service employees. 3. Bona fide commercial activity and other activity not serving predominantly a foreign interest; 4. Humanitarian fundraising; 5. Religious, scholastic, academic, fine arts, or scientific pursuits; 6. Certain activities relating to the defense of foreign governments vital to the United States defense; 7. Legal representation of a disclosed foreign principal before any court or law or agency of the United States government; 8. Properly registered parties under the Lobbying Disclosure Act. | |
EU | Agreement between the European Parliament and the European Commission on the transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation (Article 3) | All organisations and self-employed individuals, irrespective of their legal status, engaged in activities, whether on-going or under preparation, carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and the decision-making processes of the EU institutions, irrespective of where they are undertaken and of the channel or medium of communication used. | Activities of the social partners as participants in the social dialogue (trade unions, employers' associations, etc.) are not covered by the register where those social partners perform the role assigned to them in the Treaties. |
Commission Decisions of 25 November 2014 on the publication of information on meetings held between Members and Directors General of of the Commission and organisations or self-employed individuals (Article 2) | ‘Organisation or self-employed individual’ means any organisation or individual, irrespective of their legal status, engaged in activities carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and the decision-making processes of the institutions of the Union, irrespective of where these activities are undertaken and of the channel or medium of communication used. | The notion of "organisation or self-employed individual" does not include representatives of other Union institutions or bodies, national, regional and local authorities of Member States and of third countries or international organisations. However, it covers any association or network created to represent regions or other sub-national public authorities collectively. The Decision does not apply to: 1. Social partners at Union level in the context of the social dialogue; 2. Dialogue with churches, religious associations or communities, as well as with philosophical and non-confessional organisations. 3. Representatives of political parties. | |
Notes: definitions for the European Union refer to the current Agreement between the European Parliament and the European Commission on the transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation (2014). The official signature and entry into force of the new agreement between the European Parliament, the Council of the European Union and the European Commission is foreseen for the spring of 2021, following formal adoption by the three institutions. | |||
Source: OECD 2020 Survey on Lobbying and additional research by the OECD Secretariat. |
Table A A.3. Definition of “lobbying activities” and exemptions | |||
---|---|---|---|
Source | Definitions of lobbying activities and communications | Exemptions specified in the regulation | |
Australia | Lobbying Code of Conduct (Article 3) | “Lobbying activities” means communications with a Government representative in an effort to influence Government decision making. “Communications with a Government representative” includes oral, written and electronic communications. | 1. Communications with a committee of the Parliament; 2. Communications with a Minister or Parliamentary Secretary in his or her capacity as a local Member or Senator in relation to non-ministerial responsibilities; 3. Communications in response to a call for submissions; 4. Petitions or communications of a grassroots campaign nature in an attempt to influence a Government policy or decision; 5. Communications in response to a request for tender; 6. Statements made in a public forum; or 7. Responses to requests by Government representatives for information. |
Foreign Influence Transparency Scheme Act 2018 (Sections 10 and 12) | Registrable activities include: 1. Parliamentary lobbying: lobbying a member of the Parliament or a person employed under section 13 or 20 od the Members of Parliament Staff Ac 1984. 2. General political lobbying: lobbying a Commonwealth public official; a Department, agency or authority of the Commonwealth, a registered political party, a candidate in a federal election. 3. Communications activity: a person undertakes communications activity if the person communicates or distributes information or material to the public or a section of the public. 4. Disbursement activity: distribution of money or things of value on behalf of a foreign principal. Lobbying means communicating, in any way, with a person or a group of persons for the purpose of influencing any process, decision or outcome; and representing the interests of a person, in any process. Persons undertaking registrable activities on behalf of a foreign principal for the purpose of political or governmental influence must register their activity. The term “political or governmental influence” covers activities whose sole or primary purpose, or a substantial purpose of the activity is to influence over any persons, entities, structures or processes that are part of Australia’s federal political and governmental architecture – including a federal election or vote, a federal government decision, a proceeding of either House of the Parliament, a registered political party, an independent Member of Parliament, or an independent candidate in a federal election. | See exemptions in Annex Table A A.2. | |
Austria | Law on Transparency of Lobbying and Advocacy Activities (Articles 2 and 4) | Activities by which direct influence is exercised on the Austrian legislature and administration via structured, organised contacts. | 1. Pressure only exercised on public officials via the media without direct contact; 2. Activities of a functionary in the performance of his or her duties, 3. Activities of a person with which he/she pursues his/her own non-entrepreneurial interests, 4. The representation of the interests of a party or a participant involved in connection with administrative or judicial proceedings, 5. Legal advice and representation by lawyers, notaries, chartered accountants and other persons authorised to do so; 7. The representation of foreign policy interests in diplomatic or consular dealings, and 8. Activities carried out at the instigation of a functionary. |
Belgium | Rules of Procedure of the Chamber of Representatives (Art. 163ter-2) | Lobbying activities are activities carried out with the aim of directly or indirectly influencing the development or implementation of policies or the Chamber's decision-making processes. All organisations and persons acting in a self-employed capacity, irrespective of their legal status, carrying out activities covered by the register, either in progress or in preparation, are expected to register. | 1. Activities relating to the provision of legal and other professional advice to the extent that they: (a) Consist of advisory activities and contacts with public authorities, intended to inform a client on a general legal situation or on his specific legal situation or to advise him/her on the opportunity or admissibility of a specific legal or administrative procedure in the existing legal and regulatory environment; (b) Are advice provided to a client to help ensure that its activities comply with applicable law; (c) Consist of analyses and studies prepared for clients on the potential impact of any changes in legislation or regulations with regard to their legal situation or field of activity; (d) Consist of representation in conciliation or mediation proceedings aimed at preventing a dispute from arising, brought before a judicial or administrative authority; (e) Affect the exercise of a client's fundamental right to a fair trial, including the right of defence in administrative proceedings, such as the activities carried out by lawyers or any other professionals concerned. 2. If a company and its advisers are involved in a specific legal or administrative case or procedure as parties, any activity directly related to it and not aimed as such at changing the existing legal framework is not covered by the register. 3. The activities of social partners as actors of social dialogue, such as trade unions and employers' associations, are not covered by the register when these social partners assume the role assigned to them by law. 4. Activities responding to the direct and individual request of the House or a Member, such as ad hoc or regular requests for factual information, data or expertise, are not covered by the register. |
Brazil | No definition | No definition | No definition |
Canada | Lobbying Act (Articles 2, 5 and 7) | Three elements define lobbying. A individual is conducting a lobbying activity if he/she: 1. is paid by an employer or a client. 2. communicates directly (i.e. either in writing or orally) or indirectly (i.e. grass-roots communication), with a federal public office holder. OR the individual arranges a meeting between a public office holder and any other person (consultant lobbyists only). 3. The individual communicates about one of the subjects specified in Annex Table A A.1. Grass-roots lobbying occurs when, for payment and on behalf of a client or employer, individuals encourage members of the public to communicate with federal public office holders on registrable topics. Grass-roots lobbying may include advertisements, mass letter and/or facsimile campaigns, telephone calls to public office holders, public demonstrations, use of websites or communication through social media tools such as Facebook or Twitter. | 1. Any oral or written submission made to a committee of the Senate or House of Commons or of both Houses of Parliament or to any body or person having jurisdiction or powers conferred by or under an Act of Parliament, in proceedings that are a matter of public record; 2. Any oral or written communication made to a public office holder by an individual on behalf of any person or organisation with respect to the enforcement, interpretation or application of any Act of Parliament or regulation by that public office holder with respect to that person or organisation; or (c) any oral or written communication made to a public office holder by an individual on behalf of any person or organisation if the communication is restricted to a request for information. |
Chile | Act regulating lobbying and representations of private interests to authorities and civil servants (Articles 2 and 6) | Lobbying activities means the management or remunerated activity carried out by natural or legal persons, Chilean or foreign, whose purpose is to promote, defend or represent any particular interest, in order to influence the decisions that, in the exercise of their functions, must be taken by passive subjects in accordance with the law, with respect to the acts and decisions regulated therein. Management of particular interests means management or unpaid activity carried out by natural or legal persons, Chilean or foreign, whose purpose is to promote, defend or represent any particular interest, in order to influence the decisions that, in the exercise of their functions, must be taken by passive subjects in accordance with the law with respect to the acts and decisions regulated therein. Hearing or meeting: The act of hearing in which the passive subject receives a lobbyist or manager of particular interests, either in person or virtually, by means of an audiovisual video conference, to discuss any of the regulated matters, at the time and in the manner that the passive subject decides. Conversations held by telephone or by means other than an audiovisual conference are not considered as hearing and meeting. | 1.The proposals or requests made on the occasion of a meeting, activity or assembly of a public nature and those which are strictly related to the work in the field inherent to the representation activities carried out by a passive subject in the exercise of his duties. 2. Any statement, action or communication made by passive subjects in the exercise of their duties; 3.- Any request, verbal or written, made to ascertain the status of an administrative procedure; 4. Information given to an authority that has requested it expressly for the purpose of carrying out an activity or adopting a decision, within the scope of its competence. 5. Presentations made formally in an administrative procedure, provided that the adoption, modification or repeal of laws or regulations, nor the change of results of administrative or selection processes, is not requested. 6.Consultants contracted by public and parliamentary bodies, carried out by professionals and researchers from non-profit associations, corporations, foundations, universities, study centres and any another similar entity, as well as invitations from these institutions extend to any official of a State organ. 7. Declarations made or information given to a Congress committee, as well as the presence and verbal or written participation in any of them by professionals from the entities listed in the previous number (6), which, however, must be recorded by these committees. 8. Invitations from State officials and parliamentarians to participate in meetings of a technical nature for professionals of the entities indicated in number 6. 9. The defence in court, the sponsorship of judicial or administrative cases or participation as amicus curiae, where permitted, but only with regard to those actions that are part of the judicial or administrative proceedings. 10. Statements or communications made by a person directly concerned (or by their representatives) in the context of an administrative procedure or investigation. 11. Written presentations added to a file or oral interventions registered in a public hearing in an administrative procedure that allows the participation of the interested parties or third parties. |
Colombia | No definition | No definition | No definition |
Costa Rica | No definition | No definition | No definition |
Czech Republic | No definition | No definition | No definition |
Denmark | No definition | No definition | No definition |
Estonia | No definition | No definition | No definition |
Finland | No definition | No definition | No definition |
France | Law on transparency, the fight against corruption and the modernisation of the economy (Article 18-2) | Three types of activities are considered as communications that may constitute lobbying activities: 1. A physical meeting, regardless of the context in which it takes place; 2. A telephone or video conference call; 3. Sending a letter, an email or a private message via an electronic communication service. When these activities are performed repeatedly over a short period of time, for the same purpose and addressed to the same category of public officials, they constitute a single communication. Lobbying activities must be conducted primarily (during the last six months, executives, employees or members of the organisation or the self-employed lobbyist have spent more than half of the time engaging in lobbying activities) or regularly (during the last twelve months, executives, employees or members of the organisation or the self-employed lobbyists have carried out more than ten influence actions). | The following activities are not considered as “communications”: 1. Public awareness campaigns or street demonstrations; 2. Legislative and regulatory monitoring; 3. A communication initiated by a public official (i.e. a lobbying activity only takes place when a lobbyist is the initiator of a communication with a public official); 4. All exchanges of information that occur between a legal person and a public official as part of the follow-up of a request for an individual decision, and that are not intended to affect the individual decision in question, cannot be considered as lobbying. 5. Communications that are limited to factual exchanges that are not likely to have the purpose of influencing a public decision are not considered as lobbying activities: (a) when an organisation requests factual information, accessible to any person, to a public official; (b) when an organisation asks a public official how to interpret a public decision in force; (c) when an organisation sends information to a public official on its functioning or activities, without any direct connection with a public decision. |
Germany | Law introducing a Lobby register for lobbying vis-à-vis the German Bundestag and the Federal government (Article 1-3 and Article 2) | Interest representation means any contact for the purpose of directly or indirectly influencing the decision-making process of the organs, members, parliamentary groups or groups of the German Bundestag or for the purpose of directly or indirectly influencing the decision-making process of the Federal Government. | Interest representatives lobbying the German Bundestag do not have to register when they conduct the following activities: 1. The activities of natural persons who formulate exclusively personal interests with their submission; 2. Raising concerns of an exclusively local nature, provided that no more than two constituencies are directly affected; 3. Submitting a petition in accordance with Article 17 of the Basic Law; 4. Attending public hearings of Parliamentary committees, or other public events of the organs, members, parliamentary parties or groups of the German Bundestag; 5. Responding to direct and individual requests from the organs, members, parliamentary parties or groups of the German Bundestag for factual information, data or expertise; Interest representatives lobbying the Federal Government do not have to register when they conduct the following activities: 1. Making an access to information request; 2. Making a citizen's request; 3. Participating in visiting programmes, lectures, conferences and other public events of the Federal Government; 4. Working for expert councils and other expert bodies established by the Federal Government; 5. Carrying out diplomatic or consular activities, 6. Responding to direct and individual requests from the Federal Government for factual information, data or expertise; 7. The activities of natural persons who formulate exclusively personal interests with their submission; Interest representatives lobbying the Bundestag and/pr Federal Government do not have to register when they conduct the following activities: 1. Holding a public office or mandate; 2. Activities of employers' or employees' association exerting influence on working and economic conditions, 3. Providing legal advice to a third party or to the interest representatives themselves, including the provision of scientific opinions or the presentation and discussion of legal issues for the general public, or a activities which are not aimed at the enactment, modification or rejection of a legal regulation by the German Bundestag or the Federal Government; 4. Operating as political parties in accordance with the Political Parties Act; 5. Operating as institutions for socio-political and democratic education work (political foundations), insofar as the respective budgetary legislator grants global subsidies for the fulfilment of their statutory tasks; 6. Operating as intermediary organisations for foreign cultural and educational policy, insofar as they are institutionally supported with funds from the federal budget; 7. Acting as a church, other religious community or ideological community; 8. Engaging in an activity protected under the second sentence of Article 5(1) of the Basic Law. 9. Are active as a municipal umbrella organisation at federal or Land level; 10. Are active as a national minority recognised in Germany, as a Low German speaker group, as a German minority in Denmark or as an organisation or institution of the aforementioned groups; 11. Have no permanent representation in Germany and work for human rights, democracy, the rule of law, humanitarian concerns or issues of sustainability and their work is primarily directed towards other countries or world regions. |
Greece | No definition | No definition | No definition |
Hungary | Government Decree 50/2013 (II. 25.) on the system of integrity management at public administration bodies and the procedural rules of receiving lobbyists | The Decree does not provide a definition of “lobbying”. | No definition |
Ireland | Regulation of Lobbying Act (Article 5) | Relevant communications means communications (whether oral or written and however made), other than excepted communications, made personally (directly or indirectly) to a designated public official in relation to a relevant matter. | Excepted communications: 1. Private affairs: Communications by or on behalf of an individual relating to his or her private affairs unless they relate to the development or zoning of land. For example, communications in relation to a person’s eligibility for, or entitlement to, a social welfare payment, a local authority house, or a medical card are not relevant communications. 2. Diplomatic relations: Communications by or on behalf of a foreign country or territory, the European Union, the United Nations or any other international intergovernmental organisation. 3. Factual information: Communications requesting factual information or providing factual information in response to a request for the information (for example, a company asking a public servant how to qualify for an enterprise grant and getting an answer); 4. Published submissions: Communications requested by a public service body and published by it (for example, submissions received in response to a public consultation process which are subsequently published by the public body). 5. Trade union negotiations: Communications forming part of, or directly related to, negotiations on terms and conditions of employment undertaken by representatives of a trade union on behalf of its members. 6. Safety and security: Communications the disclosure of which could pose a threat to the safety of any person or to the security of the State. 7. Oireachtas committees: Communications which are made in proceedings of a committee of either House of the Oireachtas. It should be noted that this exemption only applies to formal proceedings of a committee which are generally recorded and/or minuted. It does not apply to communications outside of formal proceedings. 8. Communications by DPOs or public servants: Communications by a DPO in his or her capacity as such are exempt. (For example, communications by county councillors to local authority managers or other public servants do not constitute lobbying.) Similarly, communications by public servants (or those engaged on contract by a public service body) made in that capacity and relating to the functions of the public service body are exempt. 9. Governance of commercial State bodies: Communications by or on behalf of a commercial State body made to a Minister of the Government who holds shares in, or has statutory functions in relation to, the body, or to DPOs serving in the Minister’s department, in the ordinary course of the business of the body. (For example, certain communications involving Irish Rail and the Minister for Transport, Tourism and Sport.) 10. Policy working groups: Communications between members of a “relevant body” appointed by a Minister, or by a public service body, for the purpose of reviewing, assessing or analysing any issue of public policy with a view to reporting to the Minister or public service body on it. A “relevant body” is one whose members are appointed by a Minister or by a public service body and the members include one or more DPOs and one or more who are not public servants nor engaged for the purposes of a public service body. (For example, advisory groups, expert groups, working groups, review groups or commissions). This exemption only applies if the relevant body conducts its activities in accordance with the Transparency Code. |
Iceland | Prime Minister‘s bill on Conflicts of Interest in the Government Offices of Iceland (Article 1) | The act does not provide a definition of “lobbying”. | Lobbyists are not required to register in relation with the processing of administrative cases. |
Israel | Knesset Law Chapter 12 (Article 66) | The law defines lobbying as actions to persuade Members of the Knesset (MKs) with regards to decisions specified in Annex Table A A.1. | See exemptions in Annex Table A A.2. |
Italy | Regulation of interest representation activities in the offices of the Chamber of Deputies (Article 2) | The representation of interests means any activity carried out professionally in the premises of Chamber of Deputies by lobbyists, via proposals, requests, suggestions, studies, research, analysis or any other initiative or communication, whether oral or written, aimed at pursuing the lobbyist’s own interests or those of third parties vis-à-vis Members of the Chamber of Deputies. | Statements made and documents submitted during hearings before parliamentary committees do not constitute interest representation activities. |
Japan | No definition | No definition | No definition |
Korea | No definition | No definition | No definition |
Latvia | Cabinet Regulation No. 1 "Values of State Administration and Fundamental Principles of Ethics" (Chapter 3 “Open Communication with Lobbyists”, Article 7) | Communication with a public employee or the institution in order to influence the drafting or taking of decisions that do not derive from coordination and public involvement procedures. | Communications that derive from procedures for ensuring the coordination of draft decisions and public involvement specified in laws and regulations. |
Lithuania | Law No. VIII-1749 on Lobbying Activities (Article 2 and Article 7 “Activities not considered as lobbying activities’’) | Lobbying activities means actions taken by a natural person, a legal person, another organisation or a division thereof, with the aim to exert influence over lobbied persons on the adoption of legal acts in the interests of a lobbying client or the beneficiary of lobbying activities. “Beneficiary of lobbying activities means a natural person, legal person or any other another organisation or division thereof, in the interests of which lobbying activities are carried out and/or which seek to obtain the final benefit from lobbying activities. ‘Client of lobbying activities’ means a natural or legal person or any other organisation or division thereof that has concluded a written lobbying contract with a lobbyist to carry out lobbying activities, or a legal person or other organisation or division thereof that has assigned or instructed its participant, member of the management body or employee to conduct lobbying activities. | 1. Activities of producers, disseminators of public information, their participants or journalists when collecting, preparing, publishing and disseminating public information in accordance with the Law of the Republic of Lithuania on the Provision of Information to the Public; 2. Activities of the persons who, at the invitation or on the initiative of state and municipal institutions or bodies, participate as experts or specialists for payment or without payment at meetings, sittings, consultations on the issues related to the drafting of legal acts in accordance with the Law of the Republic of Lithuania on Legislative Framework; 3. Actions of state politicians, state officials or civil servants when initiating, preparing, considering draft legal acts and adopting legal acts according to their official functions, as well as activities of other persons involved in the preparation, consideration and adoption of legal acts; 4. Proposals and evaluations received in the course of consultations with the public in accordance with the Law of the Republic of Lithuania on Legislative Framework; 5. Implementation of the right to petition, the right to referendum or the citizens’ legislative initiative in accordance with the Law of the Republic of Lithuania on Petitions, the Law of the Republic of Lithuania on Referendum and the Law of the Republic of Lithuania on the Citizens’ Legislative Initiative, respectively; 6. An individual opinion expressed by a natural person with regard to legislation; 7. Other activities carried out by legal persons in accordance with the procedure laid down by special laws or statutes and in line with the public interest. 8. Activities of persons when they participate in public meetings, conferences or other public events and/or events that are broadcast; 9. Activities of persons when they publicly disseminate information in the mass media; 10. Activities of political parties. 11. Activities of NGOs considered as organisations of public benefit; 12. Activities of religious communities and associations in cooperation with the competent state institutions in matters of education, culture, family, social issues and protection of human dignity. |
Luxembourg | Code of Conduct for Members of Parliament relating to financial interests and conflicts of interest (Article 5 “Rules on Lobbying”) | No definition of “lobbying” is not provided. | No definition of “lobbying” is not provided. |
Mexico | Rules of Procedure of the Chamber of Deputies (Article 263) Rules of Procedure of the Senate (Articles 298) | [Chamber of deputies] Lobbying shall mean any activity carried out before any Member of Parliament, body or authority of the House, either individually or jointly, to obtain a resolution or agreement favourable to their own interests or those of third parties. [Senate] Lobbying is understood as the activity carried out by persons dedicated to promoting the legitimate interests of individuals, before the management bodies and committees of the Senate or before senators individually or jointly, with the purpose of influencing decisions that correspond to them in the exercise of their powers. | The Rules of Procedure do not specify exemptions. |
Netherlands | No definition | No definition | No definition |
New Zealand | No definition | No definition | No definition |
Norway | No definition | No definition | No definition |
Peru | Law regulating the management of interests in the public administration, and associated decrees (Articles 2 and 3) Supreme Decree that approves the Regulation of Law No. 28024 - Law that regulates the management of interests in the public administration (Articles 3 and 5) | The act of interest management is understood as an oral or written communication, whatever the means used, directed to a civil servant of the public administration in order to influence a public decision. The management of interests is understood as an activity by which natural or legal persons, national or foreign, transparently promote their points of view in the public decision-making process in order to orientate decisions in a desired direction. | 1. Statements, expressions, remarks or similar acts made in speeches, articles or publications; 2. Dissemination of news or other media disseminated among the general public or disseminated by any means of social communication; 3. Information, in writing or any other form that may be recorded, communicated to the public administration in response to a request; 4. Information provided on any social network in the exercise of freedom of expression; 5. Statements or remarks made in any public meeting, in the exercise of the rights of freedom of expression, opinion and assembly; 6. Free exercise of legal defence and advice, in compliance with the provisions of the law; 7. Official protocol acts; 8. Information requests, requests for meetings and any other request addressed to the official with public decision-making capacity, provided that it is not motivated by the aim to influence a public decision, or that it constitutes the exercise of the right of opinion provided in article 2-4 of the Political Constitution of Peru ; 9. The participation of natural or legal persons at the request of the public administration, in Consultative Councils, Multisectoral Commissions or other working groups, for the fulfilment of their purposes ; 10. The acts of internal administration of public entities that do not lead to a public decision. 11. The opinions that have been required by the entities of the public administration included in the scope of application of this regulation. |
Poland | Act on Legislative and Regulatory Lobbying (Article 2) | ‘Lobbying activity’ means any activity carried out by legally permitted methods aimed at influencing public authorities in the law-making process. “Professional lobbying activity” means any paid activity carried out on behalf of or in the name of a third party in order to ensure that their interests are taken into account during the drafting of legislation. | The Act only requires transparency over professional lobbying activities. |
Portugal | No regulation | No definition | No definition |
Romania | Memorandum for creating a Unique Interest Groups Transparency Register (Section 3) | Activities conducted by lobbyists with the aim to promote a proposed public policy or contribute to the revision of an existing proposal. | |
Slovak Republic | No definition | No definition | No definition |
Slovenia | Integrity and Prevention of Corruption Act of 2010 (Articles 4, 56a) | Lobbying means the activities carried out by lobbyists who, on behalf of interest groups, exercise non-public influence on decisions made by State and local community bodies, and holders of public authority in discussing and adopting regulations and other general documents. A lobbyist may submit to lobbied persons any verbal or written information and material on matters in which the lobbyist carries out lobbying activities for interest groups. A lobbyist may also meet the persons lobbied. | Actions taken by individuals, informal groups or interest groups for the purpose of influencing the decision making of State bodies, bodies of self-governing local communities and the holders of public authority: 1. In the consideration and adoption of regulations and other general documents in the area directly relating to the systemic issues of strengthening the rule of law, democracy, and the protection of human rights and fundamental freedoms; 2. on matters subject to judicial and administrative proceedings and other proceedings carried out according to the regulations governing public procurement, as well as proceedings in which the rights and obligations of individuals are decided upon. |
Spain | Code of Conduct for Members of the Congress and the Senate (Article 6) | Lobbying means communicating directly or indirectly with holders of public or elected office or their personnel in favour of private, public, or collective interests, seeking to modify or influence issues related to the drafting or modification of legislative initiatives. | No definition |
Sweden | No definition | No definition | No definition |
Switzerland | No definition | No definition | No definition |
Turkey | No definition | No definition | No definition |
United Kingdom | Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act (Article 2) | Organisations and individuals are considered to be carrying out the business of consultant lobbying if they make oral, written or electronic communications personally to a Minister of the Crown or Permanent Secretary related to matters specified in Annex Table A A.1. The communication is made in the course of a business and in return for payment on behalf of a client, or payment is received with the expectation that the communication will be made at a later date. Informal communications (for example at a social event or conference) are registerable, if they otherwise meet the criteria for consultant lobbying. | Communications made to a government department, special adviser, administrator, private secretary or private office are not registerable. However, communications addressed to a Minister but sent via a private office would have to be registered. A communication from a Minister or Permanent Secretary does not need to be registered. However, If a Minister or Permanent Secretary initiates communication with an organisation and in the subsequent course of the exchange, the criteria for consultant lobbying are met, then the organisation is required to join the Register and register the activity. It does not matter that the Minister initiated the communications (and that the initial contact from the Minister is not itself registerable). |
United States | Lobbying Disclosure Act (Article 10) | Lobbying Activities means lobbying contacts and any efforts in support of such contacts, including preparation or planning activities, research, and other background work that is intended, at the time of its preparation, for use in contacts, and coordination with the lobbying activities of others. Lobbying Contact means any oral, written, or electronic communication to a covered official that is made on behalf of a client with regard to the enumerated subjects in Table 3.1 | Exemptions include communications that are: 1. Made by a public official acting in the public official's official capacity; 2. Made by a representative of a media organisation if the purpose of the communication is gathering and disseminating news and information to the public; 3. Made in a speech, article, publication or other material that is distributed and made available to the public, or through radio, television, cable television, or other medium of mass communication; 4. Made on behalf of a government of a foreign country or a foreign political party and disclosed under the Foreign Agents Registration Act of 1938; 5. A request for a meeting, a request for the status of an action, or any other similar administrative request, if the request does not include an attempt to influence a covered executive branch official or a covered legislative branch official; 6. Made in the course of participation in an advisory committee subject to the Federal Advisory Committee Act; 7. Testimony given before a committee, subcommittee, or task force of the Congress, or submitted for inclusion in the public record of a hearing conducted by such committee, subcommittee, or task force; 8. Information provided in writing in response to an oral or written request by a covered executive branch official or a covered legislative branch official for specific information; 9. Required by subpoena, civil investigative demand, or otherwise compelled by statute, regulation, or other action of the Congress or an agency, including any communication compelled by a Federal contract, grant, loan, permit, or license; 10. Made in response to a notice in the Federal Register, Commerce Business Daily, or other similar publication soliciting communications from the public and directed to the agency official specifically designated in the notice to receive such communications; 11. Not possible to report without disclosing information, the unauthorised disclosure of which is prohibited by law; 12. Made to an official in an agency with regard to a judicial proceeding or a criminal or civil law enforcement inquiry, investigation, or proceeding; or a filing or proceeding that the Government is specifically required by statute or regulation to maintain or conduct on a confidential basis; 13. Made in compliance with written agency procedures regarding an adjudication conducted by the agency; 14. A written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding; 15. A petition for agency action made in writing and required to be a matter of public record pursuant to established agency procedures; 16. Made on behalf of an individual with regard to that individual's benefits, employment, or other personal matters involving only that individual with respect to the formulation, modification, or adoption of private legislation for the relief of that individual; 17. A disclosure by an individual that is protected under the amendments made by the Whistleblower Protection Act of 1989, under the Inspector General Act of 1978, or under another provision of law; 18. Made by a church, its integrated auxiliary, or a convention or association of churches that is exempt from filing a Federal income tax, or a religious order that is exempt from filing a Federal income tax return. |
Foreign Agents Registration Act (United States Code § 611 and 613) | 1. Engaging within the United States in political activities, such as intending to influence any U.S. Government official or the American public regarding U.S. domestic or foreign policy or the political or public interests of a foreign government or foreign political party; 2. Acting within the United States as a public relations counsel, publicity agent, information service employee, or political consultant; 3. Soliciting, collecting, disbursing, or dispensing contributions, loans, money, or other things of value within the United States; 4. Representing within the United States the interests of a foreign principal before U.S. Government officials or agencies. | An agent of a foreign principal may be exempt from FARA’s registration obligations if the agent’s activities fall within one of the following exemptions: 1. Diplomatic officers and diplomatic staff; 2. Certain registered foreign officials who are not U.S. citizens and are not public-relations counsels, publicity agents or information-service employees. 3. Bona fide commercial activity and other activity not serving predominantly a foreign interest; 4. Humanitarian fundraising; 5. Religious, scholastic, academic, fine arts, or scientific pursuits; 6. Certain activities relating to the defense of foreign governments vital to the United States defense; 7. Legal representation of a disclosed foreign principal before any court or law or agency of the United States government; 8. Properly registered parties under the Lobbying Disclosure Act. | |
EU | Agreement between the European Parliament and the European Commission on the transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation (Article 3) | Activities carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and the decision-making processes of the EU institutions, irrespective of where they are undertaken and of the channel or medium of communication used, for example via outsourcing, media, contracts with professional intermediaries, think tanks, platforms, forums, campaigns and grassroots initiatives. ‘Directly influencing’ means influencing by way of a direct contact or communication with the EU institutions or other action following up on such activities and ‘indirectly influencing’ means influencing through the use of intermediate vectors such as media, public opinion, conferences or social events, targeting the EU institutions. In particular, those activities include: (a) contacting Members and their assistants, officials or other staff of the EU institutions; (b) preparing, circulating and communicating letters, information material or discussion papers and position papers; (c) organising events, meetings, promotional activities, conferences or social events, invitations to which have been sent to Members and their assistants, officials or other staff of the EU institutions; and (d) voluntary contributions and participation in formal consultations or hearings on envisaged EU legislative or other legal acts and other open consultations. The following activities concerning the provision of legal and other professional advice are covered by the register where they are intended to influence the EU institutions, their Members and their assistants or their officials or other staff: (a) the provision of support, via representation or mediation, or of advocacy material, including argumentation and drafting; and (b) the provision of tactical or strategic advice, including the raising of issues the scope of which and the timing of communication of which are intended to influence the EU institutions, their Members and their assistants or their officials or other staff. | 1. Activities concerning the provision of legal and other professional advice are not covered by the register in so far as: (i) they consist of advisory work and contacts with public bodies in order to better inform clients about a general legal situation or about their specific legal position, or to advise them whether a particular legal or administrative step is appropriate or admissible under the existing legal and regulatory environment; (ii) they consist of advice given to clients to help them ensure that their activities comply with the relevant law; (iii) they consist of analyses and studies prepared for clients on the potential impact of any legislative or regulatory changes with regard to their legal position or field of activity. (iv) they consist of representation in the context of a conciliation or mediation procedure aimed at preventing a dispute from being brought before a judicial or administrative body; or (v) they relate to the exercise of the fundamental right of a client to a fair trial, including the right of defence in administrative proceedings, such as activities carried out by lawyers or by any other professionals involved therein. 2. Activities in response to direct and individual requests from EU institutions or Members of the European Parliament, such as ad hoc or regular requests for factual information, data or expertise, are not covered by the register. |
Commission Decisions of 25 November 2014 on the publication of information on meetings held between Members and Directors General of the Commission and organisations or self-employed individuals (Article 2) | ‘Meeting’ means a bilateral encounter organised at the initiative of an organisation or self-employed individual or a Member of the Commission and/or a member of his/her Cabinet to discuss an issue related to policy-making and implementation in the Union. | Encounters taking place in the context of an administrative procedure established by the Treaties or Union acts, which falls under the direct responsibility of the Member of the Commission, as well as encounters of a purely private or social character or spontaneous encounters are excluded from the notion of "meetings". Publication of information is withheld when it undermines: 1. The protection of the life, the integrity or privacy of an individual; 2. The financial, monetary or economic policy of the Union; 3. The market stability or sensitive commercial information; 4. The proper conduct of court proceedings or inspections, investigations, audits or other administrative procedures; 5. The protection of any other important public interest recognised at Union level. | |
Notes: definitions for the European Union refer to the current Agreement between the European Parliament and the European Commission on the transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation (2014). The official signature and entry into force of the new agreement between the European Parliament, the Council of the European Union and the European Commission is foreseen for the spring of 2021, following formal adoption by the three institutions. | |||
Source: OECD 2020 Survey on Lobbying and additional research by the OECD Secretariat. |
This document, as well as any data and map included herein, are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. Extracts from publications may be subject to additional disclaimers, which are set out in the complete version of the publication, available at the link provided.
© OECD 2021
The use of this work, whether digital or print, is governed by the Terms and Conditions to be found at http://www.oecd.org/termsandconditions.