I 
112TH CONGRESS 
2D SESSION 
H. R. 4258 
To ensure free, fair, and competitive elections in the Republic of Georgia. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2012 
Mr. MCDERMOTT introduced the following bill; which was referred to the 
Committee on Foreign Affairs 
A BILL 
To ensure free, fair, and competitive elections in the Republic 
of Georgia. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Republic of Georgia 
Democracy Act of 2012’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) A democratic and stable Republic of Geor-
gia is in the political, security, and economic inter-
ests of the United States. 
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(2) Georgia plays a key role in the security of 
the Black Sea and South Caucasus region, which is 
important for Euro-Atlantic security, transportation, 
and energy diversification to and from the Caspian 
Sea. 
(3) Georgia has been a reliable partner and ally 
in enhancing global peace and stability with its sig-
nificant contribution to operations in Iraq and Af-
ghanistan. 
(4) The United States–Georgia Charter on 
Strategic Partnership, signed in January 2009, out-
lines the importance of the bilateral relationship as 
well as the intent of both countries to expand de-
mocracy and economic programs, enhance defense 
and security cooperation, further trade and energy 
cooperation, and build people-to-people cultural ex-
changes. 
(5) Georgia’s democratic nature is one of its 
core strengths and the basis for the deep friendship 
between Georgia and the United States. As such, 
continued democratic reform, the strength of Geor-
gia’s democratic institutions, and regular free, fair, 
and competitive elections are key priorities for a 
strong continuing relationship between the United 
States and Georgia. 
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(6) Democracy in Georgia is facing serious 
challenges and political freedom and fair competition 
between political parties is under assault. For exam-
ple, the government has increased detaining mem-
bers of the political opposition and civil society non-
governmental organizations (NGOs), limited freedom 
of the press, undermined the right of workers to or-
ganize and bargain collectively, and stopped opposi-
tion groups from holding demonstrations—often by 
violent means. 
(7) According to the Department of State’s 
2010 Human Rights Report on Georgia, when Presi-
dent Mikheil Saakashvili was re-elected to the Presi-
dency in 2008, ‘‘the OSCE identified significant 
problems, including widespread allegations of intimi-
dation and pressure, flawed vote-counting and tab-
ulation processes, and shortcomings in the com-
plaints and appeals process. These and other prob-
lems continued into the parliamentary elections in 
May 2008, which international observers concluded 
were uneven and incomplete in their adherence to 
international standards.’’. 
(8) On February 13, 2012, United Nations 
Special Rapporteur on the Right to Freedom of 
Peaceful Assembly and Association Maina Kiai con-
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ment (UNM), wins the majority of the seats in the 
Parliament, which it currently has. 
(11) Bidzina Ivanishvili, a Georgian business-
man who has never served in the Georgian Govern-
ment, launched a new political party called Georgian 
Dream, on October 5, 2011, in an effort to unify the 
Georgian 
opposition 
parties 
and 
challenge 
Saakashvili’s increasingly dictatorial control over 
Georgia’s government. 
(12) In response to the creation of Georgian 
Dream, 
Mikheil 
Saakashvili’s 
regime 
stripped 
Bidzina Ivanishvili of his citizenship despite the fact 
that Mikheil Saakashvili granted Ivanishvili’s citizen-
ship in the first place, Ivanishvili was born in Geor-
gia, and there is no legal basis for his citizenship to 
be revoked. 
(13) Since the launch of Georgian Dream, the 
Saakashvili regime has launched a concerted, ag-
gressive campaign to undermine Georgian Dream’s 
ability to compete against Saakashvili’s party in the 
Parliamentary elections. For example, the Georgian 
Government has fired those employees, especially 
teachers, who support Ivanishvili or other opposition 
parties. 
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(14) The Georgian Government has increased 
harassment and detention of the supporters of 
Ivanishvili, Georgian Dream and other opposition 
parties, often through violent means, without due 
process. Hundreds of opposition supporters have 
been detained in March 2012 as part of a concerted 
effort to intimidate voters and opposition cam-
paigners. 
(15) 
On 
February 
27, 
2011, 
Solomon 
Kimeridze, an Ivanishvili supporter, died under sus-
picious circumstances while in police custody. 
(16) On May 26, 2011, Georgian security offi-
cials killed two protesters while using violent means 
to break-up a peaceful protest. An investigation into 
this incident has been requested by United States 
Ambassador Robert Bass, the United Nations High 
Commissioner for Human Rights, the European 
Commission, Human Rights Watch, and Amnesty 
International. 
(17) On December 28, 2011, the Georgian Par-
liament passed new election laws that will limit op-
position parties’ access to funds. The OSCE and the 
U.S. State Department criticized this law for both 
its substance and the abnormal way in which it was 
enacted by the Saakashvili-controlled parliament. 
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Furthermore, the Chamber of Control, the state 
audit agency that is controlled by Saakashvili, cre-
ated a new division specifically focused on inves-
tigating Georgian Dream and Bidzina Ivanishvili 
and blocking Ivanishvili’s financial support for oppo-
sition candidates and party building. 
(18) United Nations Special Rapporteur on the 
Right to Freedom of Peaceful Assembly and Asso-
ciation Maina Kiai concluded that these changes to 
the election law ‘‘appear to affect the rights to asso-
ciation and to peaceful assembly . . . these amend-
ments, which at times use ambiguous language, are 
fuelling an overall climate of distrust, and appear to 
largely violate international human rights law.’’. 
(19) The Saakashvili regime has warped the 
Georgian banking sector, previously a model of post- 
Soviet success and transparency, in an effort to de-
stroy Bank Cartu, a bank owned by Bidzina 
Ivanishvili. Based on a law passed at the end of Oc-
tober 2011 after Ivanishvili announced the creation 
of Georgian Dream, the Georgian Government seized 
over millions of dollars in bank assets. The Amer-
ican Chamber of Commerce criticized this new law, 
predicted that it would undermine a model banking 
system that has been built with the support of the 
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United States Government, IMF, and World Bank. 
The Georgian Government has only applied this new 
law, which gives the Government the right to seize 
loan collateral before the banks that issued the loan, 
to Bank Cartu and no other banks. As a result, the 
Saakashvili regime continues to seize Bank Cartu 
assets in an effort to force the bank out of business 
and remove a source of Ivanishvili’s financial sup-
port. 
(20) United States national security interests 
are best served by a democratic Georgia no matter 
what individuals and which parties are in control of 
the country. An undemocratic Georgia will breed in-
stability in a volatile region and increase the likeli-
hood of violent conflict. As such, it is incumbent on 
the United States Government to clearly commu-
nicate to President Saakashvili that if he continues 
down his current path and does not allow free, fair, 
and competitive elections, the special relationship be-
tween the United States and Georgia will be at risk 
and Georgia will face the loss of both United States 
political support and financial assistance. 
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SEC. 3. LIMITATION ON ASSISTANCE TO THE REPUBLIC OF 
GEORGIA. 
(a) LIMITATION.—No funds available to any United 
States department or agency for fiscal year 2013 may be 
used to provide assistance to the Republic of Georgia until 
the Secretary of State certifies and reports to the Com-
mittee on Foreign Affairs of the House of Representatives 
and the Committee on Foreign Relations of the Senate 
that the parliamentary elections held in October 2012 or 
such other date if rescheduled were carried out in a free, 
fair, and competitive manner consistent with international 
standards. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired under subsection (a) shall include information on— 
(1) the presence and findings of election observ-
ers; 
(2) the ability of opposition parties to campaign 
effectively; and 
(3) whether Bidzina Ivanishvili and the Geor-
gian Dream Party participated in the election, and, 
if not, the reason for their absence. 
Æ 
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