Bill on Lobbying and Interest Representation

The Executive Branch submitted to Congress a bill establishing an Interest Representation Regime, aimed at ensuring the publicity, transparency, traceability, and integrity of interactions between public and private actors in the process of shaping and making State decisions.

The bill seeks to regulate interest representation activities aimed at influencing public decision-making or decision-making processes within the Executive and Legislative branches.

1. Interest representation
For these purposes, the bill defines “interest representation” as any activity involving promotion, representation, intermediation, advice, preparation, or advocacy, carried out by individuals or legal entities, either on their own behalf or on behalf of third parties, for profit or not, whether paid or unpaid, and through any means, with the purpose of influencing the adoption, amendment, postponement, rejection, implementation, or evaluation of a public decision.

The activities covered include actions related to drafting, approval, amendment, repeal, postponement, and implementation of laws, administrative acts, or public policies; public procurement procedures, concessions, permits, authorizations, licenses, approvals, or State benefits; the allocation or execution of budget items, subsidies, transfers, tax benefits, or promotional regimes; and appointments, approvals, nominations, or institutional processes requiring the involvement of the Executive or Legislative branches.

The bill excludes, among other activities, communications of a merely protocol, social, or institutional nature; academic, scientific, technical, journalistic, or general dissemination activities, provided they are not aimed at influencing a specific public decision; the individual exercise of the right to petition the authorities; participation in institutionalized public consultation mechanisms or public hearings; and petitions submitted by parties within administrative proceedings.

2. Registry of interest representatives
The initiative creates a Public Registry of Interest Representatives, with public, free, and digital access, under the scope of the enforcement authority of the Federal Executive Branch. Registration in this registry will be mandatory and will constitute a necessary condition for carrying out contacts or activities involving interest representation.

3. Registry of interest representation activities
The bill also creates Public Registries of Interest Representation Activities within the Executive and Legislative branches, aimed at recording and publishing interest representation contacts held by covered persons. Contacts must be registered within five business days after they take place.

Within the Federal Executive Branch, registration will be compulsory for the President of the Nation, the Vice President, the Chief of Cabinet of Ministers, ministers, secretaries, undersecretaries, national directors, and other officials with decision-making authority or relevant capacity to influence the covered processes.

Within the Federal Legislative Branch, the obligation will apply to senators and deputies, administrative authorities of both Chambers, and officials holding a rank no lower than director or an equivalent hierarchy. Certain advisors, members of work teams, or collaborators will also be included.

4. Foreign interest representation
The bill provides for specific rules on foreign interest representation, understood as activities aimed at influencing public decision-making or decision-making processes on behalf of, at the order, direction, control, financing, or benefit of a foreign principal. This concept includes, among others, foreign countries, legal entities incorporated abroad, and non-resident individuals.

Foreign interest representatives must disclose this status upon registration, in each contact, and in each activity report. Any omission, false statement, or reluctance to provide such disclosure will be considered a serious infringement.

5. Incompatibilities and disqualifications
Persons holding public office may not act as interest representatives. In addition, former public officials may not act as interest representatives for 24 months after leaving office before the agency in which they served, or before another agency if they were involved in the matters on which they seek to exert influence.

6. Sanctioning regime
The initiative establishes a sanctioning regime for interest representatives, including warnings, fines, suspension from the registry, and permanent disqualification. In certain cases involving concealment or substantial falsehoods related to foreign interest representation, or repeat offenses, fines may be increased.

The bill also provides for criminal provisions regarding clandestine interest representation, aggravated falsehood or concealment, clandestine representation of foreign interests, and intentional obstruction of oversight activities.

7. Entry into force
The enforcement authorities will have a period of 180 days from the law’s entry into force to implement the registries and issue the necessary clarifying and supplementary regulations. The bill invites the provinces and the City of Buenos Aires to adhere to its terms.

If approved, the law will enter into force on the day following its publication in the Official Gazette. However, its effective implementation will largely depend on the regulations and supplementary rules issued by the enforcement authorities in each area.