Lobbyists Under Scrutiny: Anti-Corruption Authority Monitoring Activities

The Anti-Corruption Authority places lobbying activities under the microscope, overseeing both lobbyists and the officials they seek to influence under the new law.

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MICHALIS HADJISTYLIANOU

The Anti-Corruption Authority has been combing through documents submitted to it this past week by around 200 natural and legal persons acting as lobbyists for various private economic interests. These documents record the interests they serve, the state or elected officials they met with in the course of advancing those interests, and what was discussed in their meetings.

The obligation to file such reports with the Authority also applies to officials and senior public servants who meet with lobbyists. The Authority’s officers compare the forms submitted by lobbyists with those submitted by officials and public servants.

Corruption and entanglements

The law regulating lobbying aims to combat corruption and entanglements in the political and public spheres. It is particularly strict, as it explicitly forbids elected and state officials, as well as employees of the public and wider public sector, from meeting with lobbyists who are not registered on the Anti-Corruption Authority’s register.

In this way, the Authority is aware of which officials and senior public servants met with lobbyists, what interests the lobbyists represent, and what decisions were ultimately taken following those meetings, whether related to public works, the awarding of contracts, drafting of bills, and so forth.

The relevant legislation came into force on March 1, 2024, making all lobbyists, public employees, and officials accountable to the Anti-Corruption Authority, while their meetings are now known and institutionally monitored. Lobbyists not in the Authority’s register are considered illegal and face criminal prosecution, as do officials or public servants who meet with them.

The register of lobbyists is publicly available on Authority’s website (www.iaac.org.cy) where anyone can see who the registered lobbyists are and whose interests they represent.   

Updates every six months

Lobbyists are obliged to file a report with the Anti-Corruption Authority twice a year – in March and September – detailing the meetings they had with officials and public servants, and their content.

This month’s deadline passed last Tuesday, with all reports submitted on time.

More than 200 lobbyists

To date, a total of 219 natural and legal persons have registered as lobbyists with the Anti-Corruption Authority. The first registration took place on February 2, 2024, and the most recent on September 17, 2024.

The lobbyists’ register includes individuals specializing in economic, social, environmental, and scientific fields, offering knowledge and expertise. Recently, there has been an increase in registrations from lawyers and accountants.

140 reports from officials

Under the law, state and elected officials, as well as public servants, must inform the Anti-Corruption Authority in writing within two months of any meeting with a lobbyist, including details of what was discussed.

According to information obtained by Politis, 140 reports have so far been submitted by officials who had meetings with lobbyists, which are currently undergoing the required checks.

Declarations and oversight

Separate forms are required depending on whether the lobbyist is a natural person or a legal entity.

Specifically, the report required by lobbyists who are natural persons must include the following:

  • The details of the person (legal or natural) on whose behalf the lobbyist acted.
  • The names of the officials or members of state services, wider public sector bodies, or employees serving officials whom they met.
  • The time and place of the meetings and communications with these persons.
  • The intended outcome of the meetings.

Where lobbying is undertaken by a legal entity under private law, the following must also be declared: the details of the natural persons involved on its behalf, as well as the place of residence of its main shareholders.

For their part, state and elected officials, as well as public servants in the broader public sector, who meet with lobbyists are required to keep minutes recording all the above details. It is emphasized that officials and public employees may refuse to meet with a lobbyist, as the law does not oblige them to do so.

Heavy penalties for lobbyists and officials

The law overseeing lobbying services includes potential jail time for persons who attempt to evade checks, conceal the interests they represent, or mislead the Anti-Corruption Authority.

Specifically, it stipulates:

  1. A person required to be registered in the lobbyists’ register who participates in public decision-making processes without being registered commits an offence and, upon conviction, is subject to imprisonment of up to one year or a fine of up to €10,000, or both.
  2. Any person who secures registration in the lobbyists’ register through false representations commits an offence and, upon conviction, is subject to imprisonment of up to three years or a fine of up to €30,000, or both.
  3. A lobbyist who fails to submit to the Anti-Corruption Authority a report on the interests they represent and the meetings held with officials and public servants commits an offence and, upon conviction, is subject to imprisonment of up to six months or a fine of up to €5,000, or both.
  4. A lobbyist who submits a misleading report to the Anti-Corruption Authority concerning the activities and interests they represent commits an offense and, upon conviction, is subject to imprisonment of up to two years or a fine of up to €20,000, or both.
  5. An official, member of a state service or of the wider public sector, or an employee acting on behalf of an official who fails to submit a report to the Anti-Corruption Authority about the content of meetings with lobbyists commits an offence and, upon conviction, is subject to imprisonment of up to six months or a fine of up to €5,000, or both.
  6. The law empowers the Anti-Corruption Authority, in cases where it finds a person in violation of its provisions, to impose an administrative fine of up to €100,000 or to suspend or revoke that person’s registration from the lobbyists’ register.

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