Regulating Lobbying — a Comparative Perspective l. Overview: DE, HU, LT, PL (only EC-Members With regulations), EC, CA, U.S. Regulation DE 1972 x x x x x x x x EC 2008 x 8 x x x x x x x x x x U.s. 1995 x 15 x x x x x x x x x x x x CA 1989 x 25 x x x x x x x x x x x x x x HU 2006 x 10 x x x x x x x x x x 2001 x 8 x x x x x x x x x x x x x 2006 x 10 x x x x x x x x x Scope Year of introduction Rules ofprocedure Voluntary Code of Conduct Ex tent (pages) Parliament Executive branch Judiciary Definition Of lobbyists general • detailed Public register Registering body Parliament • Registrar's Office / Commissioner Registered information • • Interests Board of management Clients Names of all lobbying employees Financial disclosure Foreign influence Privileges for registered groups • E-mail alert, invitation to hearings • Admission to committee hearings Special data protection Prohibition of contingency fees Sanctions / reservations fine suspension of admission removal from register II. Various suggestions to amend current German regulations Parliament a. b. d. g. h, Federal law instead of rules ofprocedure ofthe Parliament Broad definition oflobbying on any level — federal or local, in any field — or Government and in any Way — consultant or inhouse-lobbyists Sanctions i. fine ii. suspension Of admission to committee hearings in Parliament Ombudsman / commissioner i. managing the register ii. promoting awareness and education on lobbying regulations iii. deciding on Sanctions Public Officials i. post-employment prohibition On lobbying ii. disclosure Of former employees Of ministries working for interest groups Financial disclosure i. income/expenses on lobbying ii. total income/expenses (tax declaration) iii. data protection for private donors (initials ortotal amount ofprivate donations Without publication of names) iv. diselosure of subdivisions, suborganizations v. exception for Petty donations (c 100€) vi. optional Opportunity to make further statements on financial situation Disclosure Of lobbying methods Internet i. publication of register ii. publication ofexpertise given by lobbying groups iii. on-line registration III. Lobbying the executive branch in Germany 2. Lobbying ministries German ministries do hearings on drafted laws, where interest groups participate. Until now, there is no register in the executive branch for interest groups. Lobbyism through temporary employees Of the Government External experts paid by interest groups or firns advise ministries as temporary staff. In Germany roughly 100 persons per Year. Examples: 0 Employee Of bank helps to draft a bill on financial regulation. o Lawyer ofbig law firn helps to draft a bill on public-private-partnership. German solution: new internal regulation of government (to be enacted soon) o Biannual report to the Budget Committee of the Parliament on external staff in ministries: Who, where, what, how long, on which payroll. o No names ofthe employees given to protect private data. o No public register or report. o No external experts where conflict of interests could arise. Further suggestions o Marking bills, when external experts influenced the draft. o Time limit for external staff. Six months. o Obligation to disclose lobbying Kunction at any internal Or external contact. IV. Annex: Regulations Germany: Rules of Procedure of the German Bundestag, http://wv.nv.bundestag.de/htdocs_e/parliament/functiowlegal/rules.pdf. Rule 70 Public hearings (l) For the purpose of obtaining information on a subject under debate, a committee may hold public hearings of experts, representatives of interest groups and Other persons Who can furnish informaticn . Annex 2 Registration of associations and their representatives (l) The President ofthe Bundestag shall keep a public list in which all associations oftrade and industry representing interests vis-ä-vis the Bundestag or the Federal Government shall be entered. (2) Their representatives Shau be heard only if they have entered themselves in this list, furnishing the following information: • name and Seat o f the association; composition of the board of management and the board of directors; sphere of interest of the association; • number of members; • names ofthe associations' representatives; and • address of its otTtce at the Seat ofthe Bundestag and of the Federal Government. (3) Passes admitting representatives of such associations to the Bundestag buildings shall be issued only ifthe information to be furnished under paragraph (2) above has been provided. (4) Entry in the list shall not entitle an association obtain a hearing or a pass. (5) The President shall arrange for the list to published each Year in the Federal Gaz,ette (Bundesanzeiger ). Europe: Code of Conduct for Interest Representatives (2008), http://ec.europa.eu/transparency/ Canada: Lobbying Act, R.S.C. 1985, c. 44 (4th supp.), http://wv,nv.Orl-bdl_gc.cwepic/site'lobbyist-lobbyiste.nsf/en/Home USA: Lobbying Disclosure Act of 1995 of 19 1995, 109 United States Statutes at Large 691 , http://w•.v.v.senate.gov/reference;resources'pdf/contacting10465.pdf Hungary: Act of2006 on Lobbying Activities, Lithuania: Law on Lobbying Activities of 27 June 2000, Poland: Act of7 July 2005 on legislative and regulatory lobbying, v.".vw.oecd.org/dataoecd' 18/15/38944200_pdf