Influence laws target Chinese in particular
New foreign influence laws have special conditions for private companies that operate out of authoritarian countries.
New laws forcing those acting on behalf of foreign powers to publicly register have special conditions for private companies that operate out of authoritarian countries, including China.
Parliament’s top intelligence committee, made up of Liberal and Labor MPs, yesterday released a bipartisan report moulding the vast foreign interference transparency scheme the Coalition wants to legislate ahead of the Super Saturday by-elections.
The government has accepted the committee’s recommendations and will draft them as amendments to the bill. Attorney-General Christian Porter said he planned to introduce the laws into parliament today and pass them this week.
In an unexpected move, federal MPs will be exempt from the scheme after advice from parliament’s clerks. The committee said the complexities of the activities of parliamentarians and rules around privilege meant politicians would be forced to adhere to a separate custom-made scheme.
“Given the unique nature of parliamentarians’ work, and the unique status of the parliament and its privileges, it is more appropriate that the parliament establish its own registers,” the committee members wrote.
In a direct attack on former ministers now working for Chinese companies, the committee has recommended harsher registration requirements beyond those recommended by the public service and says the ex-ministers must remain on the register for life.
“The committee is of the view that these office-holders remain influential beyond the period proposed by the Attorney-General.”
Senior staffers who go to work for foreign companies will also have to register under commercial exemptions built into the scheme.
“The committee recommends that the government consider amending the definition of ‘recent designated position holder’ in the Attorney-General’s proposed amendments to include individuals employed … at the rank of senior adviser or above within the ministry,” the committee members said.
Unions, charities and arts organisations were the biggest winners in the latest changes to the bills — securing additional exemptions. Media organisations did not win extra exemptions beyond those already recommended by the Attorney-General.
“The committee recommends the bill be amended to provide exemptions for charities, arts organisations and industrial associations, which would operate to relieve those organisations of an obligation to register when they are making routine representations in accordance with their respective purposes.”
The Trump administration has also cracked down on Chinese investment and Chinese companies operating in the US. At the weekend Reuters reported that the US Treasury Department was drafting changes that would block firms with at least 25 per cent Chinese ownership from buying American companies with “industrially significant technology”.
The intelligence committee report suggests that private companies that act under foreign government laws or regulations, be considered a “foreign government-related entity”.