COMMISSION STAFF WORKING DOCUMENT Accompanying the document Second Report on progress by Georgia in fulfilling the requirements of the visa liberalisation roadmap
Date: 2014-10-29
Institutions: European Commission
Subjects: EU visa policy, Georgia, aid to refugees, biometrics, border control, data protection, equal treatment, fight against crime, migration control, passport, personal data, right of asylum, rights of minorities, trafficking in human beings













EUR-Lex - 52014SC0334 - EN











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52014SC0334

COMMISSION STAFF WORKING DOCUMENT Accompanying the document Second Report on progress by Georgia in fulfilling the requirements of the visa liberalisation roadmap /* SWD/2014/0334 final */









1.
INTRODUCTION
The
Commission Staff Working Document (CSWD) accompanies the Second Progress Report
on the implementation by Georgia of the Visa Liberalisation Action Plan (VLAP).[1]

Together
with the Report, Part I of the CSWD builds on the information and the
assessment provided in the First Progress Report on the implementation by
Georgia of the VLAP [2]
and, in accordance with the methodology outlined in the VLAP, it provides a
detailed analysis of the most relevant developments relating to the implementation
of the so-called first phase VLAP benchmarks concerning the policy framework
(legislation and planning).[3]
Furthermore, in view of the European Commission's (Commission) assessment that
Georgia has successfully completed the first phase of the implementation of the
VLAP,[4]
and as required by the VLAP methodology, Part II of the CSWD includes an
assessment of possible migratory and security impacts on the European Union
(EU) of the future visa liberalisation for Georgia. 
The
factual information included in Part I of the CSWD is based on the progress
reports submitted by Georgia on 3 February 2014, its updated versions received
by the Commission on 21 March and 20 May, subsequent communications between
June and 25 September 2014, as well as the information communicated during the
EU evaluation mission that took place in Tbilisi, Georgia between 31 March and
11 April 2014. 
The
assessment was based on work carried out by the services of the Commission and
the European External Action Service (EEAS), including the EU Delegation to Georgia. In addition, Block 3 and Block 4 benchmarks were assessed on-site by experts from
EU Member States, assisted by the Commission services, the EEAS and the EU
Delegation to Georgia during the 2014 evaluation mission. 
Part
II of the CSWD — the Assessment of Migratory and Security Impacts — is
primarily based on the inputs provided by the European
Agency for the Management of Operational Cooperation at the External Borders of
the Member States of the European Union (Frontex); the European Union’s law
enforcement agency – Europol; the European Asylum Support Office (EASO); the
European University Institute – Migration Policy Centre; the European Union
Monitoring Mission to Georgia, and Georgian authorities as well as on other available
sources, including Eurostat data. 
The
CSWP follows the VLAP structure. Under the sections corresponding to individual
VLAP blocks, Part I lists all the benchmarks from the first, legislative and
planning, phase and, taking into account the recommendations of the first
Progress Report, it describes the state of their implementation, in particular
focussing on the developments that took place after the publication of the
first Progress Report, that is, 15 November 2013. 
2.
PART I: ASSESSMENT OF THE IMPLEMENTATION OF THE VLAP
2.1. BLOCK
1: DOCUMENT SECURITY, INCLUDING BIOMETRICS
On
29 May 2014, the Georgian Parliament approved amendments to the 1996 'Law on
the Procedure of Registration of the Georgian Citizens and Aliens Residing in
Georgia, Issuance of ID (Residence) Card and Passport of a Citizen Georgia'
('Law on the Procedure of Registration') related to the rolling out of
biometric passports in Georgian consulates. Pursuant to the amendments, a
biometric passport should be issued to a Georgian citizen residing abroad from
28 July 2014 onwards.[5]
Accordingly, as a general rule, at present only ICAO compliant, second
generation biometric passports are being issued to Georgian citizens residing
in Georgia as well as abroad.[6]

The
issuing of a second passport has become stricter. On 11 February 2014, a new
Article 39 paragraph 6 of the 'Order no. 98 of the Minister of Justice on
approval of the rule of registration and removal from the register of citizens
of Georgia and aliens residing in Georgia and the rule of issuance ID
(residence) card, passport, travel passport and travel document' entered into
force. According to the provision, a written explanation is required for
obtaining an additional passport and it is only possible if an additional passport
is necessary for obtaining a visa and to travel to a foreign country during the
same period of time. Additionally, the new Article 20 paragraph 1 of 'Law on
the Procedure of Registration' stipulates that the validity period of the second
and each successive biometric passport has been reduced and it will be issued
for a year only. Furthermore, issuance of the passport without a biometric data
will be possible only in exceptional cases, when biometric data cannot be
obtained due to health or physical condition of the person or in cases
specified by the respective order of the chairman of the PSDA. From 1 January
2015, the validity of non-biometric passports will be reduced and it will be
issued for a year only.
The
Code of Conduct of the Public Service Development Agency (PSDA) was approved on
31 October 2013 by the Order of the Chairman of PSDA. The Code lays down, among
others, the rules concerning conduct of employees, principles of
anti-corruption and anti-discrimination as well as protection and handling of
personal data.
In
January 2014, on the basis of the Digitalisation Action Plan's project, the
Government approved the PSDA budget, which contains the resources for
activities defined by the Action Plan. According to the Plan, the remaining 10
991 226 civil act records are to be digitised by December 2024. The Plan
provides for the employment of 36 additional staff, including 25 digitisation
operators, 10 reader-correctors and one digitisation coordinator. The
implementation of the Action Plan started in March 2014.
The
new provisions limiting the possibility of changing the first name have been
introduced into the 'Law on Civil Acts', which was amended on 29 May and
entered into force on 1 June 2014. According to the new Article 64 paragraph 1
'a person of legal age can change a name only once, upon his/her will if the
law does not define otherwise'. 
Article
20³ paragraph 3 of 1996 'Law on the Procedure of Registration' stipulates that
'biometric passport must have data carrier (chip), which, along with other
data, contains facial image, fingerprints and specimen of signature of passport
holder'. It follows that the PSDA is required to collect fingerprints while
issuing a biometric passport. In addition, the 2012 Methodological Guidelines
of the PSDA define that fingerprints should be collected as of 12 years old and
that only in exceptional cases fingerprints are not to be taken.[7]
Pursuant
to Article 204 paragraph 1 of 'Law on the Procedure of
Registration', a passport is valid for the period of 10 years for adults
and for three years for minors. The specified periods cannot be prolonged.
Furthermore, according to Article 46 paragraph 1 subparagraph (e) of Order no.
98 of 27 July 2011 of the Minister of Justice of Georgia, a passport is
annulled upon the expiry of its validity. 
The
principle 'one person, one document' applies since 28 December 2005 when the
amendment removing the possibility to include the information about minor
children was introduced to the 'Law on the Procedure of Registration'.[8]

2.2.
BLOCK 2: INTEGRATED BORDER MANAGEMENT, MIGRATION MANAGEMENT, ASYLUM 
2.2.1.
INTEGRATED BORDER MANAGEMENT
On 14 January 2014, the Government of
Georgia adopted Resolution no. 49, creating a Temporary Interagency Council
responsible for coordinating the elaboration of a new strategy and accompanying
it action plan. On 13 March 2014, the Government adopted the 'State Border
Management Strategy for the years 2014-2018' and, on 6 May 2014, the 'Action
Plan for Implementation of Georgia’s Border Management Strategy for the years
2014-2018'.
Recognising
the importance of reinforcing border management of the green border, the
Ministry of Internal Affairs (MoIA) identified green border as one of the main
priorities areas for the upcoming years. Accordingly, in January 2014, within
the framework of the 'More for More programme', the 'Capacity Building in Support of Integrated Border Management and Migration Management in Georgia' project was launched by the MoIA and implementing partners.[9]
In February[10]
and May 2014,[11]
two assessment missions aimed at comprehensive evaluation of the green border
were carried out by the experts of the EU Member States, accompanied by the
Export Control and Related Border Security (EXBS) Program of the United States
of America Department of State (USA)[12],
including the assessment of the existing equipment and infrastructure. Detailed reports with recommendations for further
actions were presented in June 2014. The finalised report from the EU experts
is to be delivered by October 2014.
Georgia
continues to cooperate with its neighbours, partner countries and various
international organisations. It has long-standing bilateral cooperation
agreements on border issues with Armenia, Azerbaijan, Turkey and the Russian Federation. On the basis of these agreements regular bilateral meetings and
joint trainings were organised. Furthermore, in order to further strengthen
inter-governmental cooperation with Armenia and Azerbaijan, Georgia had elaborated draft Bilateral Agreements on Border Commissioners; the agreements were
forwarded to the relevant authorities of concerned partner countries in May
2014. 
Georgia also
concluded bilateral cooperation agreements on border issues with Latvia, Estonia, Bulgaria, Moldova, China, Ukraine, USA, Finland, Romania, Germany and Switzerland. Based on these agreements the annual Plans of Cooperation are signed and
implemented with the border and other relevant Agencies of Turkey, Bulgaria, Latvia, Moldova, Estonia, Germany, and France. On 27 June 2014, a Memorandum of
Understanding on Co-operation between the Ministry of Internal Affairs of
Georgia and the Ministry of Defence of the Republic of Latvia in the area of
maritime security was concluded. 
On
29 December 2013, a Cooperation Plan for the period of 2013-2015 on the
development of cooperation between the MoIA and FRONTEX was signed. 
When
it comes to the training, pursuant to the October 2013 Order of the Minister of
Internal Affairs, trainings on the new 2013 'Law on Police' were delivered to
Patrol Police and Border Police. Furthermore, an additional training module on
asylum seekers and refugees of duration of six hours has been added into the
basic training curriculum of Patrol Police and Border Control Officers.[13]
Finally, on 13 June 2014, the National Centre for Education Quality Enhancement
granted the MoIA Academy the status of a higher education institute and the
permission to launch a Master programme on Police Regulation Law. The Master
programme is aimed at middle level managers of relevant MoIA agencies,
including border services and it will focus on developing knowledge, as well as
general and specific competencies in police management. The official deadline
to apply was 18 September 2014 and the programme itself will commence from
October 2014.
2.2.2.
MIGRATION MANAGEMENT
The Law on 'Legal Status of Aliens and
Stateless Persons' was adopted by the Georgian Parliament on 5 March 2014, signed
by the President on 17 March 2014 and it entered into force on 1 September
2014. 
The work on by-laws was carried out in
parallel by the Working Group Responsible for the Planning and Implementation
of Relevant Activities Prior to the Entry into Force of the new Law on Legal
Status of Aliens and Stateless Persons (the Working Group) established by the
State Commission on Migration Issues (SCMI).[14] The Working
Group has elaborated by-laws concerning matters such as issuing, prolonging and
terminating Georgian visas; approval of the list of the countries whose
citizens are to be granted the visa-free entry to Georgia; issuing of residence
permits for persons willing to stay in Georgia; expulsion of
aliens from Georgia; creation of a temporary accommodation centre for irregular
migrants, and establishment of the status of stateless person residing
in Georgia. In June 2014, the Working Group transmitted the draft by-laws to
international and local non-governmental organisations for their comments. On
21-23 July, the Government discussed the revised version of the by-laws and
approved them on 26 August 2014.
The Working Group also drafted and
published in March 2014 a bilingual (Georgian/English) '100 Questions about the
New Law' document, which electronic version is available on websites of the SCMI,
relevant ministries, diplomatic missions accredited in Georgia, various international
and non-governmental organisations.
A
Migration Department within the MoIA has been operational since 1 September
2014. The
main responsibilities of the Migration Department are the implementation of
migration-related policies and strategies; coordination of the migration
management process within the MoIA; management of the over stayers’ alert
system and its database; management of the temporary accommodation centre; and cooperation
with the relevant governmental agencies, diplomatic missions accredited in Georgia, non-governmental organisations and international organisations. The Department
includes three divisions: division for fighting against irregular migration,
division for legal affairs and the temporary accommodation centre division. According
to the organisational chart, the Department will eventually be staffed with 60
members and 15 contracted freelancers. Migration Department officers are
assisted by Patrol Police and District Police officers on the operational
level.
The
Mobility Centre continued its activities within the 'Comprehensive
Post-Arrival Reintegration Assistance Programme for Returned Migrants project' financed
by the European Union’s 'Eastern Partnership Integration and Cooperation
Programme'.[15]
The Georgian Government also considered other possibilities for additional
human and financial resources allocation. Namely, the Ministry of Internally
Displaced Persons from the Occupied Territories, Accommodation and Refugees (the
Ministry of Internally Displaced Persons) will gradually take over the
financial responsibility for the Mobility Centre as well other functions,
including general counselling, training of the staff, medical assistance, etc. 
Based
on the preliminary agreement with the Ministry of Finance, the Ministry of Internally
Displaced Persons elaborated the budget for 2015 for the reintegration program.
The budget is under consideration and it is expected that it will be finalised
by December 2014. 
The
construction of a temporary accommodation centre started in December 2013 and has
been completed in summer 2014. The centre officially opened in September 2014.
In order to gain knowledge on international practice in the field, a number of
study visits were organised to Poland, Moldova, Austria, Belgium and the Netherlands
in 2013-2014.[16]

The
SCMI Secretariat continued the monitoring of the implementation of the
2013-2015 Migration Strategy and its Action Plan. Between March and June 2014,
the Secretariat undertook five monitoring rounds of the implementation of the
Action Plan.  On the basis of monitoring's results, the SCMI gradually adjusted
the Action Plan, including introducing changes aimed at ensuring the
compatibility of EU funded projects with the goals set by the Strategy and the
Action Plan. In April 2014, the SCMI Secretariat prepared a set of initial
amendments to the Migration Strategy necessary due to the imminent entry into
force of the new 'Law on Legal Status of Aliens and Stateless Persons'. In September
2014, with the support of the EU's More for More programme and in cooperation
with the International Centre for Migration Policy Development (ICMPD), the SCMI
Secretariat started elaborating a strategy for the next programming period
2016-2020.
In February 2014, a specialised working
group[17]
for the development of a Unified Migration Analytical System in line with data
protection was created within the SCMI, under the chairmanship of PSDA. The
PSDA prepared a comprehensive concept paper describing the architecture of the
system, including aspects pertinent to data protection. The paper was shared
with the working group in March, adopted by the SCMI working Group on 1 April
2014 and consulted with international experts provided by the International
Organisation for Migration (IOM) and the ICMPD in August 2014. It is expected
that the System will become operational by mid-2016.
The
so-called 'Over-stayers' Alert System' has been operating in the test mode
since April 2013. The system was officially launched in September 2014, following
the entry into force of the 'Law on the Legal Status of Aliens and Stateless
Persons'.
The
last meetings of the EU-Georgia Joint Visa Facilitation Committee and of the
Joint Readmission Committee, which took place on 4 June 2014, confirmed the
overall good implementation of the Visa Facilitation and Readmission
Agreements.
2.2.3.
ASYLUM
On
26 December 2013, Article 2(5) of the 2012 'Decree on the Procedures for
Granting Refugee or Humanitarian Status' of the Ministry of Internally
Displaced Persons was introduced. According to the new provision, the
application for a refugee status should be deemed received upon its
registration by the Ministry, following which a temporary certificate
containing a photo and a personal data should be issued. The provision has been
in force since 27 December 2013 and, until 1 August 2014, 273 certificates were
issued. Since
1 September 2014, upon the entry into force of the 'Law on Legal Status of
Foreigners and Stateless Persons', registered asylum seekers no longer receive
an asylum seeker's temporary certificate, but they are issued with a temporary
identity card.[18]

According
to the 'Law on Refugee and Humanitarian Status', a person irregularly staying
in Georgia has to apply for asylum within 24 hours of entering the territory of
Georgia and only special circumstances beyond his or her control may justify an
extension of this time limit. If the deadline has not been met, but the person
has sound justification, this provision does not apply. According to the
information provided by Georgian authorities, so far, there have been no cases
of rejecting the application submitted after the stipulated 24 hours. 
In
November 2013, the Ministry of Internally Displaced Persons requested the
Government to establish the Country of Origin Information Unit (COI Unit).
Since January 2014, the unit composed of a head of unit and two staff members
has been operating focusing on collecting, processing, and analysing data on
the country of origin of the asylum seekers. In June 2014, the draft Standard
Operational Procedures for the COI Unit document was elaborated and sent to the
Tbilisi Office of the UNCHR for recommendations. These recommendations are
being reviewed by the Ministry of Internally Displaced Persons. The members of
the unit took two intensive on-line study courses, namely, European Asylum
curriculum course on the country of origin information methods provided by the
United Nations Refugee Agency (UNHCR),[19]
and the course on drafting and decision making process led by Georgian national
experts certified by the EASO with the financial support of the UNHCR. Additional
trainings are planned for autumn 2014 and will be delivered by the UNHCR.
Due
to the increasing number of the asylum seekers in Georgia, the Ministry is
recruiting new staff members with a special focus on the procedure determining
the refugee status. It is expected that by the end of 2014, seven specialists
will be employed to determine the refugee status. Also, an intensive training
for the new and current staff members is planned. 
Asylum
seekers continue to be accommodated in the existing reception centre in
Martkopi. The centre has the capacity of 60 persons but, in exceptional
circumstances, it can host up to 120 persons.[20]
There is also the possibility that asylum seekers are granted monthly allowance
to rent accommodation.[21]
In
order to increase the reception and accommodation capacity of asylum seekers,
on 20 February 2014, the United States Office of Defense Cooperation (US ODC)
under the United States European Command (EUCOM) received the funding for the
construction and furnishing of the extension of the centre in Martkopi. The
additional building will have the capacity of 50 persons. In summer 2014, the
planning work was completed and the construction process will be launched in
autumn 2014.
In
June 2014, in order to strengthen the data collection capacities, the Ministry
of Internally Displaced Persons initiated the creation of a new database of
asylum seekers, refugees, holders of a humanitarian status and COI. The
Ministry in close cooperation and with financial support of the UNHCR has
elaborated a concept for the creation of the new electronic database. The new
database should be operational in December 2014 and it is expected that it
will, amongst others, improve the efficiency of the registration procedures of
the asylum seekers, and enable gathering more accurate quantitative and
qualitative data.
The
Ministry also considers the possibility of amending the asylum procedure. In February
2014, draft amendments to the 'Administrative Procedures Code of Georgia' were
elaborated. They provide for the appeals concerning the asylum to be considered
in two instances instead of three: the City (Regional) Chamber for Administrative
Cases and the Chamber for the supreme administrative cases. In March 2014, the
draft was sent to the UNHCR for comments. The General Prosecutor's Office and
the Tbilisi Office of the UNHCR are conducting detailed discussion on this
issue. 
2.3.
BLOCK 3: PUBLIC ORDER AND SECURITY 
2.3.1.
PREVENTING AND FIGHTING ORGANISED CRIME, TERRORISM AND CORRUPTION 
Consolidation,
according to EU and international standards, of the legal and institutional
framework on preventing and fighting organised crime, together with a national
strategy and action plan containing, within a clear timeframe, specific
objectives, activities, results, performance indicators and sufficient human
and financial resources;
Georgia
continued to advance in the area of the prevention and fighting against
organised crime. In October 2013, it adopted the National Strategy on the Fight
against Organised Crime for 2013-2014 and, in November 2013, the accompanying Action
Plan. The Interagency Coordinating Council for Combating Organised Crime
operated. On 25 July 2014, during the third meeting of the Council, the report
of the implementation of the Action Plan on the National Strategy for Combating
Organised Crime during the first six months of 2014 was presented.
Consolidation,
according to EU and international standards, of the legal and institutional
framework for addressing trafficking in human beings, together with the
corresponding national action plan, including a clear timeframe, specific
objectives, activities, results, performance indicators and sufficient human
and financial resources;
Georgia
signed and ratified the Council of Europe Convention against Trafficking in
Human Beings (THB), which entered into force on 1 February 2008. In June
2006, Georgia ratified the United Nations Convention against Transnational
Organised Crime and its Palermo Protocol to Prevent, Suppress and Punish
Trafficking in Persons.[22]
Georgia
has a number of bilateral agreements relating to the fight against trafficking
enabling it to work with key partners.[23] In 2013,
further bilateral agreements were concluded with Lithuania and Israel and, in
2014, a Memorandum of Understanding was signed with the National Crime Agency
of the United Kingdom. In July 2014, Georgia signed an international agreement
with Germany. Draft agreements are waiting for signature or are under
negotiation with Belgium, the Czech Republic, Slovakia, Qatar, the Saudi
Arabia, and the United Arab Emirates.
The
existing legal framework allows addressing properly trafficking in human
beings. THB has been an offence listed in the Criminal Code of Georgia since
2003. Sentences of imprisonment range from seven to 12 years and terms of
imprisonment are increased in respect of 'aggravated offences' concerning, for
example, the trafficking of pregnant women or minors, with a maximum term of
life imprisonment for child trafficking. 
The
Criminal Code is complemented by the Law of Georgia on Combating Human
Trafficking, which is in force since 2006. This law determines the
organisational and legal grounds for preventing and combating human
trafficking; the competencies and obligations of the state agencies, public
officials and legal entities and rules of coordination of their activities in
the measures applied against human trafficking; as well as the legal status and
rights of the victims of human trafficking and the guarantees of their social
and legal protection. The law is comprehensive and reflects the 2012 Council of
Europe's Group of Experts on Action against Trafficking in Human Beings (GRETA)
recommendations related to protection and assistance for child victims.
The
National Action Plan (NAP) for 2013-14 was elaborated by the Inter Agency
Coordination Council on Combating Trafficking in Human Beings (THB Council) and
approved by the President of Georgia on 15 March 2013. It is the fourth NAP
reflecting the ‘4 P’s’ approach to a counter trafficking strategy—Prevention,
Protection, Prosecution and Partnership—and it takes proper account of relevant
international and European standards.
The
THB Council[24]
is the central coordinating mechanism for the fight against THB.[25]
In 2006, a Permanent Working Group within the THB Council was established,
which is the authorised entity to grant a person the status of victim within 48
hours.[26]
The THB Council has also four temporary thematic working groups dealing with
issues concerning legislative framework, evaluation of investigations,
guidelines for law enforcement agencies and the delivery of a common
information strategy.
The
THB Council law enforcement-working group elaborated 'Guidelines for the Law
Enforcements on the Investigation and Prosecution of Trafficking Cases and
Treatment with Victims and Statutory Victims of Trafficking in Persons', which
were disseminated to all competent law enforcement authorities in June 2014.
The guidelines identify combating in THB as one of the top priorities of the
Government of Georgia; comprehensively explained the offence of THB; encourage
law enforcement officials to consider trafficking issues when conducting
investigations into illegal border crossing and prostitution; and specify that ‘compulsory
investigations’ should be carried out from the moment a possible trafficking
case is reported.
The
National Referral Mechanism (NRM) has been in place since February 2007. It
ensures that all presumed and identified victims of trafficking are dealt with
according to prescribed by law standards. It offers protection and assistance
to all victims of trafficking regardless of whether they cooperate with law
enforcement or not. It covers procedures from the point of first contact with
an identified or potential victim of trafficking up until the moment the victim
is repatriated or otherwise returned to a city or country of safety.
In
Georgian law there are two categories of victims, namely statutory victim and
victim of trafficking. The status of statutory victim is granted to a person by
law enforcement agencies in accordance with the Criminal Procedure Code of
Georgia. A victim identified by the Permanent Working Group of the THB Council
is a person who has not been identified as a statutory victim.[27]
The rights of victims of trafficking are not dependent on their status; all victims
are entitled to report and cooperate with the law enforcement agencies and they
receive the same levels of support and assistance. In addition, special
measures are employed in respect of child victims of trafficking, including
with regard to their role in court proceedings where expert advice and guidance
is made available. Also, regardless of their status, victims of trafficking are
entitled to a 30-day 'reflection period', up to three months-long stay[28]
in a State Fund victim shelter,[29]
a temporary residence permit, the right to work and, crucially, non-punishment.

In
2006, the State Fund for Protection of and Assistance to (Statutory) Victims of
Trafficking in Human Beings[30]
was established within the Ministry of Labour, Health and Social Affairs under
the supervision of a Director appointed by a Presidential decree. The State
Fund is responsible for the two victim shelters and the financing of victim
protection, assistance, rehabilitation measures, and the payment of
compensation to victims of trafficking.  
The
Central Criminal Police Department (CCPD) of the Ministry of Internal Affairs
is the law enforcement agency competent for investigating THB. Within the CCPD,
there is a Division Combating Trafficking and Illegal Migration with two
services responsible for dealing with human trafficking and irregular
immigration respectively. In addition to these central services, in January
2014, a regional service has been established in the Adjara region as a
dedicated response to the high levels of suspected cross border trafficking
activity. Complementing the work of the central and regional services, are
three 'mobile groups' which operate in other high risk areas.[31]
Training
and awareness raising on THB related matters are important elements of
Georgia's approach to preventing and combating THB. Since 2006, trainings on a
wide range of THB issues were organised and delivered by external experts to
professionals dealing with THB.[32]
In parallel, various awareness raising campaigns addressed to secondary and
high school pupils, and other risk groups were carried out. In general, the
prevention-related activities are well developed and regularly delivered across
the territory of Georgia. 
Consolidation,
according to EU and international standards, of the legal and institutional
framework on preventing and fighting corruption, as well as national
anti-corruption strategy and action plan containing, within a clear timeframe,
specific objectives, activities, results, performance indicators and sufficient
human and financial resources, including as regards the anti-corruption
coordination efforts of anti-corruption bodies such as the Anti-Corruption
Interagency Coordination Council (ACICC), aiming notably at ensuring the
independence, efficiency, empowerment and accountability of the authorities
responsible for the fight against corruption and strengthening information
exchange between them; ensuring a sound legal and institutional framework, including
necessary secondary legislation for efficient functioning of internal control
mechanisms that contribute to the prevention and repression of corruption,
including corruption at high-levels and corruption in international
transactions, and to setting integrity standards within the public
institutions/authorities; follow-up of GRECO (Council of Europe Group of States
against Corruption) recommendations;  
The
Anti-Corruption Interagency Coordination Council (the ACICC) continued to
operate. In 2013 the Council amended the 2010–2013 Action Plan, elaborated 11
strategic priorities for the 2014-2016 Action Plan and established nine
thematic Working Groups to draft sections of the new Action Plan. In April
2014, the Council approved the 12th strategic priority for the
Action Plan 2014-2016, namely Prevention of Corruption in Defence. On 14
April 2014, the ACICC created an ad hoc Working Group on the implementation of the
Group of States against corruption (GRECO) and the United Nations Convention
against Corruption (UNCAC) recommendations. During the first meeting of the
Working Group that took place in April 2014, the members of the Working Group
discussed the recommendations on political party funding and, subsequently,
submitted to the Analytical Department of the Ministry of Justice,
serving as the Secretariat of the Council, relevant
proposals. The
Secretariat has been working on translating the submitted proposals into the
Strategy and developing specific activities for the Action Plan.
New
legislative provisions on the protection of whistle-blowers added to Chapter V
of the 1997 'Law on Conflict of Interest and Corruption in Public Service'
entered into force on 14 April 2014. The draft provisions were positively
evaluated by a Council of Europe expert.  
Since
2010, the Online Asset Declaration System of Georgia is in place. This system
has significantly improved and simplified procedures for submitting
declarations by senior officials; all submitted declarations are published
online, which enables citizens and interested groups to monitor the income and
expenditures of high-ranking officials.[33] However, at
present, there is no agency or authority vested with the power to verify these
declarations. In order to remedy the situation, the Civil Service Bureau
conducted extensive research and public consultation on the future asset
declaration monitoring system and it is going to present a legislative proposal
to the Government in autumn 2014. 
The
Unified Electronic System of State Procurement under the State Procurement
Agency continued to operate. The System is a very good and progressive one;
however, currently only some 61% in value of all government contracts are
awarded through the System, whereas 39% are awarded using simplified
procurement without a tendering process.[34] Following
the Organisation for Economic Co-operation and Development (OECD)
recommendations, the Government is planning to make amendments to the 'Law on
State Procurement' tightening up the rules authorising exemptions from the
tendering process. The revision of the state procurement legislation was
incorporated into the 2014-2016 Anti-Corruption Action Plan.
There
have been positive developments in the areas related to the fight against
corruption. A new law on the civil service is being elaborated. The
so-called Civil Service Reform Concept has been drafted and is expected to be
adopted by the Government in autumn 2014. The new law will define civil service
classification, remuneration, social protection guarantees and a system for training
and retraining for civil servants. It will provide for open
competitions for entry positions and senior positions; it will stipulate that
the Civil Service Bureau would be responsible for monitoring and evaluating of
the recruitment carried out by state agencies; promotion will be based on
regular performance appraisals; and a Code of Ethics for civil servants will be
introduced.  
At
present, there is neither a specialised prosecutor for corruption cases nor are
they dealt with by a specialised agency within the prosecutor’s office.[35]

Consolidation
of the legal and institutional framework on preventing and fighting money
laundering and financing of terrorism, in line with EU and international
standards set by the Financial Action Task Force (FATF) on Money Laundering and
Terrorist Financing, and regular updating of the corresponding national
strategy; establishment and consolidation of an independent Financial
Intelligence Unit, with adequate powers and resources;
In
order to fulfil the 2012 recommendations concerning combating money laundering
made by the Committee of Experts on the Evaluation of Anti-Money Laundering (AML)
Measures and the Financing of Terrorism (MONEYVAL), amendments to the 2003 Law
of Georgia 'On Facilitating the Prevention of Illicit Income Legalization' were
prepared. At present, the amendments are being reviewed by the Government and
are expected to be adopted by the Georgian Parliament during the 2014 autumn
plenary session. The draft amendments provide for the extension of the AML
preventive legislation to electronic money institutions. They also define
customer due diligence obligations of e-money institutions, terms and
procedures of record keeping and reporting, as well as internal control
procedures. 
When
it comes to the financing of terrorism (FT), the shortcomings identified by the
MONEYVAL were addressed. In November 2013, the Parliament amended the relevant
article of the 1999 Criminal Code of Georgia extending the scope of the terms
'terrorist' and 'terrorist organisation'. The amendments entered into force on
15 January 2014.  
Georgia
is a party to nearly all relevant international conventions, except for the
2005 Council of Europe Convention on the Prevention of Terrorism (CETS 196).
Georgia signed the Convention in 2005 and the ratification procedure by the
Georgian Parliament is on-going. 
Governmental
Resolution of 23 December 2013 established an Inter-Agency Council for
Developing and Coordinating Implementation of the Strategy and Action Plan for
Combating Money Laundering and Terrorism Financing under the chairmanship of
the Ministry of Finance.[36]
The main tasks of the Council are coordination of the timely implementation of
the activities listed in the Action Plan, the annual review of the Strategy,
fostering of the collaboration among the competent bodies, and supervision of
the compliance of the actions carried out with international standards. 
In
March 2014, the Government adopted the 'Strategy for Combating Money Laundering
and Terrorism Financing (2014–2017)' and the accompanying Action Plan. The
Strategy and the Action Plan provide the necessary framework to combat money
laundering and terrorism financing. Amongst its objectives, the Strategy lists
developing risk-based state policy against ML/FT; improving AML/CFT legislation
in accordance with international standards; enhancing the capacity of state
agencies involved in fighting against ML/FT; assisting the monitoring entities
in complying with AML/CFT regulations; and promoting domestic and international
cooperation in the fight against ML/FT. The Strategy and the Action Plan lay
down specific activities and measures, including legislative amendments, to be
adopted in order to fulfil aforementioned goals. Both documents are in
accordance with international and European standards. So far no additional
financial resources have been allocated for the implementation of the Strategy
and the Action Plan; the concerned institutions are to fulfil assigned tasks
using their current budgets. 
The
Financial Monitoring Service – the Financial Intelligence Unit of Georgia –
continued to operate. At present the Service is not empowered to suspend
suspicious transactions, even on a temporary basis with the exception of
transactions that may be used for terrorism financing.[37]

Adoption
of a national anti-drug strategy and action plan, in line with EU and
international standards, containing, within a clear timeframe, specific
objectives, activities, results, performance indicators and sufficient human
and financial resources; 
The
National Drug Strategy and the accompanying Action Plan for 2014-2015 were
adopted by the Inter-Agency Coordination Council Combating Drug Abuse (the
Council) on 4 December 2013. In the preparation of the Strategy and the Action
Plan, Georgia followed the recommendations of the Pompidou Group and both
documents are in accordance with European and international standards. When it
comes to financial resources, Georgia relies extensively on foreign donor assistance.
With
the assistance of the European Monitoring Centre for Drugs and Drug Addiction
(EMCDDA), Georgia is working towards setting up a national Focal Point and a
National Drug Monitoring Centre. It is expected that the process will be
completed by the end of 2014.  
On
15 May 2014, an inter-ministerial State Commission Combating New Psychoactive
Substances was established.[38]
The
Commission is responsible for the monitoring of developments concerning new
psychoactive substances in Georgia and making recommendations concerning
appropriate responses to the Georgian government. Answering the
serious problems created by the misuse of legal pharmaceutical products for the
production of homemade stimulants, new provisions entered into force on 15
March 2014.[39]
Also, the 'Law on New Psychoactive Substances' criminalising the possession and
use of a number of new psychoactive substances entered into force on 1 May
2014. Further legislative changes are foreseen aimed at addressing the
drug-related use of the Internet.[40]

When
it comes to the criminal justice aspect, Georgia adopts a rather strict
approach. Drug use is considered as an administrative offence for the first
time users and, in the case of the second use within a year, drug users are
prosecuted for a criminal offence. However, the Strategy and the Action Plan
provide for a possible review of the legislative framework and Georgian
authorities are considering the revision of the legislative framework
concerning the liability for drug possession for personal consumption.
According to the draft legislation prepared by the Council, administrative
detention will no longer be applied for the drug users apprehended first time
and drug addicts will be able to choose between treatment and imprisonment, if
their drug consumption is proved more than three times in a year. The draft law
will be presented for consideration to the Government of Georgia and
subsequently submitted to the Parliament in autumn 2014. 
Signature,
ratification and transposition into national legislation of all relevant UN and
Council of Europe conventions and respective protocols in the areas listed
above and on the fight against terrorism, including: the 2005 Council of Europe
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from
Crime and on the Financing of Terrorism; the Hague Convention on Protection of
Children (1996 Convention on Jurisdiction, Applicable Law, Recognition,
Enforcement and Co-operation in respect of Parental Responsibility and Measures
for the Protection of Children); the 2007 Council of Europe Convention on the
Protection of Children against Sexual Exploitation and Sexual Abuse; the
Additional Protocol to the Criminal Law Convention on Corruption.
On
25 March 2013 Georgia signed the 2005 Council of Europe Convention on
Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on
the Financing of Terrorism. The convention was ratified by the Parliament on 4
October 2013 and it entered into force on 1 May 2014.
In
April 2014, Georgia acceded to the 1996 Hague Convention, which will enter into
force in respect of Georgia on 1 March 2015.  The 2007 Council of Europe
Convention on the Protection of Children against Sexual Exploitation and Sexual
Abuse was signed by Georgia on 12 March 2009 and it was ratified by the
Parliament on 19 March 2014.
The
Additional Protocol to the Criminal Law Convention on Corruption was signed on 25
March 2013 and ratified by the Parliament of Georgia on 27 July 2013. It
entered into force on 1 May 2014.
2.4.2.
JUDICIAL CO-OPERATION IN CRIMINAL MATTERS 
Consolidation
of the legal and institutional framework on mutual assistance;
The
existing legal and institutional framework enables Georgia to request and grant
international assistance in criminal matters. The framework consists of both
international and domestic law instruments that duly cover mutual legal assistance,
extradition, transfer of sentenced persons, transfer of proceedings, and
enforcement of foreign criminal judgments. 
Pursuant
to Article 6 of the 1995 Constitution of Georgia and Article 7 of the 2009
Legal Statutes Act, international law is an inherent part of domestic law, even
if not specifically transposed, and the former prevails over the latter. 
The
domestic legal framework is based on the Act on Mutual Legal Co-operation in
Criminal Matters (MLC Act) which was adopted in July 2010, entered into force
in October 2010 and was amended in 2013. In addition, the 2009 Criminal
Procedure Code contains a number of provisions on execution of foreign criminal
judgements and extradition.  
The
MLC Act lays down the grounds for refusal of mutual legal assistance and
extradition. Both sets of grounds are in line with relevant European and
international standards. The MLC Act also designates competent domestic
authorities, namely the General Prosecutor Office (GPO), courts, Local
Prosecution Offices and the Ministry of Justice. The Ministry of Justice is the
central authority through which the incoming and outgoing requests for
co-operation are mostly channelled. In line with an Order of the Ministry of Justice
of September 2013, their processing falls within the functions of the GPO and,
specifically, of the International Co-operation Unit (ICU) of the Department of
Legal Affairs acting as a delegated authority of the Ministry of Justice. The
ICU team consists of a manager, three prosecutors, two legal advisors, a
trainee prosecutor and four law clerks[41]. In the
second phase of the VLAP, Georgia should provide information on procedural
safeguards available when dealing with mutual assistance requests. 
Regarding
statistics, currently the collection of data primary focuses on quantitative
data and there is little information on types of criminal offences, nature of
requested actions, number of involved persons, etc. The collection and analysis
of the data concerning court rulings is also not very comprehensive. 
When
it comes to the training of the personnel involved in handling mutual legal assistance
requests, the High School of Justice foresees a day-long module on
international legal cooperation during the initial training of future judges,
and a two-day long module during the permanent training for active judges.
Further information, including on training of prosecutors, should be provided
in the second phase of the VLAP.
Signature,
ratification and transposition into national legislation of relevant
international conventions and protocols, namely the Second Additional Protocol
to the European Convention on Mutual Assistance in Criminal Matters;
Georgia
is a party to 16 United Nations agreements[42] and 17 Council
of Europe agreements.[43]
In October 2013,
Georgia ratified the Second Additional Protocol to the European Convention on
Mutual Assistance in Criminal Matters which entered into force in May 2014. 
In
addition to this, on 14 April 2014, Georgia signed the Third Additional
Protocol to the 1957 European Convention on Extradition and, most likely, the
ratification process will be finalised by the end of 2014. The ratification
process of the Fourth Additional Protocol to the European Convention on
Extradition is under discussion and it is expected to start in 2015.
Between
1995 and 2005, Georgia also signed a number of bilateral agreements on mutual
legal assistance and extradition with Bulgaria, Turkey, Armenia, Turkmenistan,
Ukraine, Kazakhstan, Azerbaijan, Greece, Cyprus, and the Czech Republic.
Negotiations with the United States of America, Argentina, Brazil, Paraguay,
Japan and China are planned. 
2.4.3.
LAW ENFORCEMENT COOPERATION  
Establishment
of an adequate coordination mechanism between relevant national agencies and a
common database guaranteeing direct access to relevant officers;
The
2013 Memorandum of Understanding on Inter-Agency Cooperation on Law Enforcement
issues continues to be the basis for cooperation.[44]
An intra-agency electronic exchange (InterFlow) software has been used by a
number of governmental agencies since December 2013. The system is equipped
with a digital signature, provides fast data search and allows users to manage
tasks, enabling a real-time exchange of documents in a secured way. The
databases/electronic systems have high standards of safety. The Information
Security Policy of the Ministry of Internal Affairs of Georgia document has been
elaborated by the Ministry of Internal Affairs Operative-Technical Department
in coordination with the Data Exchange Agency operating under the Ministry of
Justice. The document identifies information security manager responsible for
establishment of information security system, identification of risks and
elaboration of control mechanisms, relevant guidelines documents. It also
specifies obligations of the employees and envisages creation of an Information
Security Council. On 5 September 2014, the Minister of Internal Affairs
approved the Information Security Policy by Order 681.
2.4.4.
DATA PROTECTION
Consolidation
of the legal and institutional framework for the protection of personal data,
in line with EU and international standards, including through the adoption of
by-laws, instructions and guidelines to regulate procedures, functions and
responsibilities;
The
2011 'Law on Personal Data Protection' has been in force since May 2012. Its general
principles, definitions, provisions on legal grounds for processing of personal
data are in line with European standards.[45] The law will
apply to the private sector from 1 November 2014, following amendments adopted
by the Parliament in August 2014. The Office of the Personal Data Protection
Inspector (the PDPI) already undertook a number of activities concerning the
private sector.[46]

In
2013-2014, further important changes to the existing data protection legal
framework were elaborated and adopted by the Parliament. The Parliament adopted
on 1 August 2014 two sets of amendments related to the data protection. The
first set, submitted in June 2013 by several Members of the Parliament and
civil society representatives, concerned the modification of the 2009 'Criminal
Procedure Code', the 1999 'Law on Operative-Search Activities', the 2011 'Law
on Personal Data Protection', and the 2005 'Law on Electronic Communications'.
It introduced the extension of the Inspector's mandate towards data processing
in police sector;[47]
and empowered individuals to apply to the PDPI, a court or a higher
administrative organ, if their rights are breached by the processing for the
purposes of public, operative-investigative activities, or criminal
investigation. The second set of amendments was submitted to the Parliament by
the Government in July 2014 and it concerned the 2011 'Law on Personal Data
Protection', the 1997 'Law on Civil Service', the 1997 'Law on Conflict of
Interest and Corruption in Civil Service', the 2010 'Law on Normative Acts',
the 1999 'Law on Operative-Search Activities' and the 1996 'Law on Grants'. The
amendments relate to issues such as: giving the Inspector supervisory powers
over the private sector from November 2014 onwards instead of 2016, the
election of the Inspector by the Parliament, and the extension of the scope of
the Data Protection Law and the mandate of the Inspector towards data processing
for police purposes. In addition, the amendments require that data shall be
processed only for explicitly specified legitimate purposes and prohibit the
processing of personal data for a purpose incompatible with the primary one.
They also foresee the blocking, erasure or destruction of data if these
conditions are not met. The amendments cover the disclosure of sensitive data
processed for employment obligations, protection of public health and in the
course of legitimate activities by a political, philosophical, religious or
trade-union, association, etc. They also regulate video surveillance in public
places, including public transport. Regarding the election of the Inspector,
the new procedure is meant to increase independence: the Inspector will be
chosen by the Parliament from two candidates presented by the Prime Minister
after a pre-selection procedure by a special competition commission. The
Inspector can be reappointed only once for a consecutive term. The new
procedure will apply after the expiration of the term of the current Inspector.
The
first set of amendments entered into force upon publication, on 18 August 2014.
The second set entered into force on 1 September 2014, with the exception of the
amendments concerning private sector, which are to enter into force on 1
November 2014.  
Moreover,
on 2 May 2014, the Parliament adopted amendments to the Criminal Code
criminalising violation of data protection rules. Illegal collection, storage,
usage, disclosure or making available of personal data causing serious damage
was defined as a criminal offence, punishable by imprisonment for up to three
years. Illegal usage and/or disclosure of private life related information or
personal data via the Internet, including social networks, was also criminalised
and it is punishable by imprisonment for up to four years and, in aggravating
circumstances, up to five years.[48]
The amendments entered into force on 31 May 2014.
Signature,
ratification and transposition to national legislation of relevant international
conventions, protocols and recommendations, including the 2001 Additional
Protocol to the Council of Europe Convention 108 for the Protection of
Individuals with regard to Automatic Processing of Personal Data, regarding
supervisory authorities and cross-border data flows, and the Committee of
Ministers of the Council of Europe Recommendation No. R (87) 15
regulating the use of personal data in the police sector;
The
Council of Europe Convention no 108 for the Protection of Individuals with
regard to Automatic Processing of Personal Data was signed in November 2001, ratified
in December 2005 and entered into force in April 2006. The 2001 Additional
Protocol to the Council of Europe Convention no 108 was signed by Georgia on 15
May 2013, ratified on 10 January 2014 and entered into force on 1 May 2014. As
for the transposition to national legislation, both the Convention and its
additional Protocol can be considered as transposed once the powers of the PDPI
will apply towards private sector, that is, from 1 November 2014 onwards.
In
view of transposing the Recommendation of the Council of Europe Committee of
Ministers No. (87) 15 on Regulating the Use of Personal Data in the Police
Sector, the Order of the Minister of Internal Affairs of Georgia Relating to
the Processing and Protection of Personal Data within the Ministry of Internal
Affairs of Georgia was adopted on 19 December 2013 and entered into force on 1
March 2014.[49]
The abovementioned amendments extended the scope of the 'Law on Personal Data
Protection' and the mandate of the PDPI towards the data processing for the
purposes of the crime prevention, investigation, operative-investigational
activities and protection of the public order that are classified as state
secret. The amendments to the 'Law on Operative-Search Activities' also entitle
the PDPI and persons authorised by him/her to have access to the information on
operative-investigational activities that are strictly confidential.
As
of September 2014, in order to implement the above mentioned reforms, a special
unit responsible for ensuring the protection of personal data standards was
established within the MoIA. It cooperates with the Personal Data Protection
Inspector.
Establishment
of an independent data protection supervisory authority with adequate powers
and obligations
The
first Personal Data Protection Inspector was appointed on 28 June 2013. In July
2013, the Government approved the 'Statute on the Activities and Powers of the
Personal Data Protection Inspector'.[50]
The Inspector supervises lawfulness of personal data processing and ensures the
implementation of the law and protection of citizens’ personal data. In
particular, the Inspector provides consultation to public and private
institutions on the personal data related issues, receives and considers
applications/complains of individuals, inspects lawfulness of the personal data
processing in public institutions and is responsible for raising public
awareness on the data protection issues. The Inspector’s powers towards private
sector will enter into force on 1 November 2014. 
On
3 April 2014, the PDPI became member of the Central and Eastern European Data
Protection Authorities (CEEDPA), a cooperation framework gathering 17 data
protection authorities from Central and Eastern Europe. On 14 August 2014, the
PDPI applied for the observer status in the Article 29 Working Party set up
under Directive 95/46/EC of the European Parliament and of the Council of 24
October 1995 on the protection of individuals with regard to the processing of
personal data and on the free movement of such data.
The
Inspector's Office has two departments, namely the Citizens’ Complaints and
Inspection Department, and the International Relations and Communications
Department. There are 15 employees including lawyers, data security analysts, a
training manager, and a filing systems catalogues specialist. In 2013, the
Inspector’s Office was funded from the budget reserve. In the 2014, the
Inspector’s Office received its own code in the state budget. For the movement,
the Office appears to have sufficient budget; however, taking into account the
imminent extension of its powers to the private sector, additional financial
resources may be required. Also, it needs to be ensured that the PDPI Office is
located in premises, which are suitable given its new functions and,
especially, the need to guarantee accessibility to broader public.  
Regarding
Block 3, beyond the VLAP benchmarks but relevant for their assessment, are
developments related to the judiciary and the prosecutor office.
The
2013 amendments to the 'Law on Courts of General Jurisdiction' strengthened the
independence and integrity of the judiciary. In line with the OECD
recommendations,[51]
on 16 July 2014, the Government submitted to the Parliament the draft 'Law on
Amendments to the Organic Law of Georgia on Courts of General Jurisdiction'
that would regulate the procedure for the lifetime appointment of judges after
the probation period.[52]
The law provides clear criteria, and transparent mechanism for the appraisal of
judges. It also regulates the appellate procedure from the decision of the
Council and lays down other legal guarantees for protection of the rights of
the judges during their service. The law was adopted by the Parliament on 1
August 2014 and it entered into force on 19 August 2014.
While
the 2013 amendments to the 'Law on the Prosecution Service' represent an
important step towards ensuring compliance with European standards[53],
the appointment of the Chief Prosecutor continues to be made by the Prime
Minister on the recommendation of the Minister of Justice. There is no system
of assessment of the candidates by an expert commission.
2.4.      BLOCK
4: EXTERNAL RELATIONS AND FUNDAMENTAL RIGHTS 
2.4.1.   Freedom
of movement within Georgia 
Consolidation
of legal and regulatory framework on registration procedures for legally
staying foreigners or stateless persons with a view to avoiding unjustified
restrictions.
The
1996 'Law on the Procedure of Registration' is the legal basis for registration
procedure.[54]
The 'Rule of Registration and Removal from Registration of Citizens of Georgia
and Aliens Residing in Georgia' and the 'Rule of Issuance of identity
(Residence) Card, Passport, Travel Passport and Travel Document' approved by
Order 98 of 27 July 2011 of the Minister of Justice specify the registration
procedures.[55]
The 2012 'Law on Public Service Development Agency' stipulates functions of the
Agency in carrying out registration process. The 2012 'Law on Civil Acts' and
2012 'Order no 18 of the Ministry of Justice on Approval of the Rule of Civil
Acts Registration' determine rules for birth registration. 
The
2014 'Law on the Legal Status of Aliens and Stateless Persons'[56]
provides the legal basis and mechanism for entry, stay, transit and departure
of aliens. The law defines the rights and obligations of aliens, stateless
persons, the types and procedures for removal of aliens staying in Georgia, as
well as the competences of state institutions involved in the process of
removal. The law provides for the following types of residence permits: work
residence permit, study residence permit, residence permit for the purpose of
family reunification, residence permit of a former citizen of Georgia,
residence permit of a stateless person, special residence permit, investment
residence permit, and permanent residence permit. The PSDA should grant a
relevant residence card to an alien who has been granted a residence permit. A
decision on the issuance of a residence permit may be appealed and the new law
provides grounds for denial of a residence permit. 
Pursuant
to Article 3 of the 'Law on the Procedure of Registration', citizens of Georgia
and aliens residing in Georgia, regardless od their age, should undergo
registration at their place of residence and, if they have several places of
residence, at one of their places of residence. Upon registration a person is
given a unique personal number. Along with registration of a civil act of birth,
an under-age person is being registered at his/her place of residence and is
given a personal number. 
2.4.2.   Conditions
and procedures for the issuance of travel and identity documents
Consolidation
of legal and regulatory framework so as to ensure full and effective access to
travel and identity documentation without discrimination, including women,
children, people with disabilities, internally displaced persons, people
belonging to minorities and other vulnerable groups. 
Georgia
has the necessary legal framework ensuring access to travel and identity
documents. According to Georgian law, a citizen should obtain an identity (ID)
card at the age of 14, but an ID card may be issued to persons under 14 years
of age, with the consent of a parent or other legal representative.[57]
An ID card is valid for four years when issued to persons under 18 years of age
and for 10 years when issued to persons over 18 years of age.[58]
In exceptional cases, defined by the Order 98 of the Minister of Justice of 27
July 2011, a non-electronic ID card should be issued for the validity up to six
months. A passport for Georgian citizens is issued upon request and it is valid
for three years when issued to persons under 18 years of age, and for 10 years
when issued to persons over 18 years of age.[59]
Aliens, refugees or persons holding a humanitarian status, and persons
holding a stateless status, after receiving a residence permit, must apply for
a residence card within a month. According to the Article 20 paragraph 1
of the 'Law on the Procedure of Registration', the travel passport for
the stateless person is issued for the validity of two years. If the validity
of the residence permit issued for the stateless person is less than two years,
the validity of the travel passport corresponds to the validity of the
residence permit. A person possessing a status of a stateless person in
Georgia, who had been issued with a permanent residence card,[60]
should be issued a travel passport valid for five years. The travel documents
for persons with the refugee status are issued for two years. 
The
recently adopted amendments to the 1996 'Law on the Procedure of Registration',[61]
the 2011 'Law on Refugees and Humanitarian Status' and the new 2014 'Law on
Legal Status of Aliens and Stateless Persons' envisage a new type of
identification certificate, namely a temporary identity card. According to the
new law, from 1 September 2014, the document is issued to a person
seeking a refugee or a humanitarian status, a person seeking a status of a
stateless person, and a person who cannot be removed in cases stipulated by the
'Law on Legal Status of Aliens and Stateless Persons'. The issuance of a
temporary identity card will ensure rights stipulated by 1951 United Nations
Convention Regarding the Status of Refugees.
2.4.3.   Citizens’
rights including protection of minorities 
Adoption
of a comprehensive anti-discrimination law, as recommended by UN and Council of
Europe monitoring bodies, to ensure effective protection against
discrimination;
The
'Law on the Elimination of All Forms of Discrimination' (Anti-Discrimination
Law) was adopted by the Parliament on 2 May 2014 and it entered into force on 7
May 2014. The purpose of the law is 'to eliminate every form of discrimination
and to ensure equal rights of all natural and legal persons under the
legislation of Georgia, irrespective of race, skin colour, language, sex, age,
citizenship, origin, place of birth or residence, property or social status,
religion or belief, national, ethnic or social origin, profession, marital
status, health, disability, sexual orientation, gender identity and expression,
political or other opinions, or other characteristics'. Such approach is
consistent with other norms that form the anti-discriminatory legal framework
of Georgia,[62]
including Article 14 of the Georgian Constitution laying down the principle of
equality, as well as the jurisprudence of the Constitutional Court of Georgian.[63] 

The
Anti-discrimination Law provides the definitions of 'direct discrimination' and
'indirect discrimination'. However, the derogations allowing direct
discrimination for reasons related to "public order and morals" and
of "overwhelming state interest and the necessity of state intervention in
the democratic society" will need to be further examined in terms of their
practical interpretation and implementation to ensure consistency with European
standards [64].
 The law also covers 'discrimination by association', namely the situations
when a person is discriminated against because s/he is erroneously perceived as
belonging to the protected group.[65]
It explicitly prohibits forcing, encouraging or supporting a person to
discriminate against a third person;[66]
and multiple and multi-dimensional discrimination.[67]
It introduces the notion of 'positive action', especially in relation to gender
equality and specific situations such as maternity, pregnancy or disabilities.[68]

In
an attempt to defuse strong opposition voiced by some groups of the Georgian
society, the Government and the Parliament included in the law a number of
provisions intended to reaffirm the autonomy of religious entities, including
the principle that the legitimate exercise of freedom of religion should not be
affected by the anti-discrimination legal framework.[69] However,
such derogation providing a general exception is too broad and the application
of such provision will have to be thoroughly reviewed during phase 2 of the
VLAP implementation. 
The
anti-discrimination legislative framework as well as the powers of the Public
Defender were extended to the private sector.[70]
Although the Anti-Discrimination Law does not provide for setting up a
specific, separate equality body with quasi-judicial functions, it envisages
the strengthening of the role of the Public Defender as an equality body
responsible for elimination of discrimination and ensuring equality.[71]
To protect and assist victims of discrimination, the Public Defender should act
as a mediator between the parties with the purpose of promoting reconciliation.[72]
If the reconciliation fails, the Public Defender may, according to Article 141
of the 'Law of Georgia on Public Defender', within certain limits, initiate
litigation before the competent court. Accordingly, Article 10 of the Anti-Discrimination
Law envisages judicial litigation before the competent court as the main remedy
to redress discrimination. In order to make the judicial remedy more
accessible, a number of amendments have been introduced to the 'Civil Procedure
Code', the 'Criminal Code', the 'Law on Gender Equality' and the 'Law on Public
Defender' on 2 May 2014 to remove perceived, real or potential barriers to
access to justice in discrimination cases.[73] In the
second phase of the VLAP, Georgia should provide clear information on
application of Article 11 (participation of a third party in the proceedings)
and the modalities under which Non-governmental Organisations and other
associations are able to assist victims of discrimination, not only before the
Public Defender but also in Court proceedings.
Signature,
ratification and transposition into national legislation of relevant UN and
Council of Europe instruments in the fight against discrimination, including
taking into account the UN Convention on Statelessness and the standing
recommendations of the Council of Europe on the European Charter for Regional
or Minority Languages. 
Following
the ratification of the European Framework Convention for the Protection of
National Minorities in October 2005, Georgia had started to develop a
comprehensive policy in the field of civic integration and protection of
minority rights. In May 2009, the Government of Georgia adopted the National
Concept for Tolerance and Civil Integration, and the accompanying Action Plan
(2009-2014). These documents specify activities and programs in six fields: the
rule of law; education and the State language; media and access to information;
political integration and civil participation; social and regional integration;
and culture and preservation of identity. The implementation of the Action Plan
is coordinated by the Office of State Minister for Reconciliation and Civic
Equality, while monitoring of its implementation is carried out by the State
Inter-agency Commission with the involvement of the Ethnic Minorities Council
at Public Defender's Office. Also, in 2012, the posts of the Prime Minister’s
Advisor on Ethnic Minorities and the President’s Advisor on Ethnic Minorities
were created.
In
Georgia, there is no comprehensive law on national minorities. Instead, needs
and specific rights of persons belonging to national minorities are catered for
by incorporating various measures into different pieces of legislation; indeed,
relevant provisions concerning minority protection are contained in a number of
normative acts and codes of conducts relating to individual sectors such as
education, culture and protection of cultural heritage, local-self-government,
public broadcasting, etc. 
Despite
the wide range of fields and subjects covered by these specific measures, there
are two areas where further improvements are being considered, namely, the
right of use of minority languages in relations with public authorities, and
local topographical indications.[74]
On 21 June 2013, the Government established a high-level Inter-agency
Commission bringing together Deputy Ministers and Members of Parliament and
coordinated by the Office of State Minster for Reconciliation and Civic
Equality responsible for formulation of relevant policies.  By doing so, the
Government of Georgia prepares the ground for the signature and ratification of
the European Charter for Regional or Minorities Languages. The Government is
also working towards a new national concept on civil integration and a related
action plan.
On
2 April 2014, the Georgian Parliament adopted a Resolution Ratifying the 1961
United Nations Convention on Reduction on Statelessness. The instrument of accession
to the Convention was deposited in Geneva on 1 July 2014.  
Establish
fair and transparent conditions for the acquisition of Georgian citizenship;
On
30 April, the Georgian Parliament adopted the 'Law on Georgian Citizenship'.
The law entered into force on 11 June 2014. The law brought the existing legal
framework into conformity with the principles of the 1961 United Nation
Convention on the Reduction of Statelessness. 
Amongst
others, the new law sets different conditions by age categories for granting
Georgian citizenship on the ground of residence in Georgia on 31 March 1993.
Accordingly, the requisite of length of residence of at least five years is no
longer required for persons born after 31 March 1975. Such persons can obtain
Georgian citizenship passing the test of the knowledge of Georgian language,
history and core principles of the Georgian legal framework. The law also
abolishes the requisite for at least one parent, a citizen of Georgia, having
permanent residence in Georgia for the acquisition of Georgian citizenship by
the child according to the principle of jus sanguinis. Furthermore, the
law addresses the issue of children born in the territory of Georgia through
surrogacy, namely it grants Georgian citizenship to such children if the
country of alien biological parents does not grant the citizenship to the child.
Finally, the 'Law
on Georgian Citizenship'
removes the possibility to deprive a person of Georgian citizenship due to
his/her permanent residence in another country and the lack of a consular
registration. 
Adoption
of a comprehensive National Human Rights Strategy and Action Plan; actively
pursue in this strategy and action plan the specific recommendations of UN
bodies, OSCE/ODIHR, the Council of Europe/ECRI and international human rights
organisations notably in implementing anti-discrimination policies, protecting 
minorities and private life and ensuring the freedom of religion; 
The
Interagency Council for Human Rights Strategy and Action Plan was established
by Governmental Decree no 169 of 5 July 2013 with the aim to develop the
strategy and the action plan. The Council comprised representatives of
executive, legislative and judicial branches of the Government, as well as the
Public Defender and representatives of non-governmental and international
organisations, experts, and scholars. In order to ensure an inclusive and
transparent process, the Council organised over 10 meetings with over 100 NGOs
and other interested stakeholders. 
The
Council elaborated the draft strategy and action plan in accordance with the
Constitution of Georgia, international human rights treaties and other
legislative or legal normative acts. The United Nations Development Programme
(UNDP) and the Council of Europe guidelines were taken into account in the
drafting process. Also, an UNDP expert was involved in the process of
developing the draft strategy and its action plan. On 13 February 2014, the
Prime Minister presented the first drafts to the wider public. With the support
of the UNDP, a special website containing all relevant information on the
development of the strategy and the action plan was created.[75]
The
National Human Rights Strategy of Georgia (2014-2020) was adopted by the Parliament
on 30 April 2014 and the Government approved the accompanying Action Plan
(2014-2015) on 9 July 2014.
The
Strategy and the Action Plan identify human rights priorities and streamline
the activities of various government agencies, while also making a positive
contribution to the coordination of donor support which, in turn, should increase
the effectiveness of the Government’s work in the area of human rights
protection. The Strategy lays down general principles, whereas concrete actions
are specified in the Action Plan. 
The Strategy is built on four cornerstones—the
inviolability of human rights by the state; the protection of human rights from
violations by other persons; the development of the system enabling people to
enforce their rights; and the awareness raising of people about their
rights—and it lists 23 strategic areas of intervention. It aims to develop a systematic approach ensuring the
implementation of obligations stemming from human rights in everyday life. To
this end, all representatives of all branches of government as well as all
officials at the central and local level are to fulfil the constitutional duty to ensure respect for human rights. The
Strategy is also to ensure that every person in Georgia understands the essence
of his or her rights and is capable of enforcing these rights in practice.
The
Action Plan is a comprehensive document covering the two first years of the
implementation of the Strategy, namely 2014-2015. It lists goals, objectives,
activities, responsible agencies, timeframes and indicators. The Plan is a
'living' document that can be amended depending on future developments and
identified needs. Based on the experience of its implementation, the next
action plan(s) will be drafted and adopted.
The
Action Plan does not contain specific provisions concerning financing of the
activities. The Georgian authorities see the implementation of the activities
of the Action Plan as part of everyday work that is financed from the annual
budget of each ministry in 2014 and, from 2015 onwards, the ministries will
incorporate the human rights activities into their annual budgets. Financing
from donors can be also used to implement the Action Plan.
The
Human Rights Council is overseeing the implementation of the Action Plan,
including the coordination of donor financing. It is also responsible for
submitting annual performance assessment report on the implementation of the
Action Plan to the Government and to the Parliament each year. In the second
half of 2014, a number of thematic working groups will be established; they
will meet once a month in order to assess on-going implementation. The Human
Rights Secretariat will serve as a Secretariat for the Human Rights Council
and, on a daily basis, will ensure the coordination of activities and the information
flow amongst all concerned stakeholders. 
The
Georgian authorities plan to introduce the Strategy and the Action Plan to the
general public. Translations into minority languages (Armenian, Azeri, and
Russian) are being prepared and should be publicly available by the end of
2014. The Secretariat with the support of non-governmental organisation will
organise public events to introduce both documents and, more broadly, the
Government’s human rights policies to Georgian citizens. 
PART
II: ASSESSMENT OF MIGRATORY AND SECURITY IMPACTS
3.1
ASSESSMENT OF MIGRATORY IMPACTS
3.1.1.
Regular and irregular migration: trends and possible impacts of a visa-free
travel
The
migration of Georgians abroad is mostly a spontaneous circular migration to
neighbouring countries. Unemployment is a major determinant of labour migration
from Georgia. Among the most affected category of persons are the refugees from
Georgia's breakaway regions of Abkhazia and South Ossetia as well as ethnic
minorities (Azeri and Armenians).
Data
on migration estimates that around 7% and 8% of the Georgians have experienced
migration. Studies show that Georgian families have at least one member living
and working in a foreign country.[76]
The number of labour migrants from Georgia abroad is estimated at 140 000
people, while another 138 000 are estimated to be returnees in Georgia.[77]

As
the data in Table 1 suggest, the number of Georgian citizens getting valid
permits in the EU remained stable in the recent years. When it comes to regular
migration to the EU, the highest number of valid residence permits were issued
in 2013 in Italy (2 573), Germany (1 284), and Poland (1 211).
Table
1: Number of first permits issued to Georgian citizens by EU Member States
   || 2008 || 2009 || 2010 || 2011 || 2012 || 2013 
 European Union (28 countries)[78] || 6,829 || 9,514 || 11,776 || 7,320 || 8,536 || 9,245 
 European Union (27 countries) || 6,829 || 9,514 || 11,776 || 7,320 || 8,536 || 9,244 
 Belgium || 221 || 395 || 519 || 384 || 154 || 98 
 Bulgaria || 23 || 23 || 22 || 22 || 26 || 13 
 Czech Republic || 203 || 167 || 176 || 95 || 130 || 161 
 Denmark || 25 || 27 || 26 || 24 || 9 || 17 
 Germany (until 1990 former territory of the FRG) || 712 || 806 || 799 || 806 || 1,243 || 1,284 
 Estonia || 41 || 65 || 83 || 66 || 58 || 64 
 Ireland || 67 || 79 || 45 || 56 || 49 || 57 
 Greece || 630 || 697 || 757 || 569 || 698 || 346 
 Spain || 984 || 922 || 872 || 1,240 || 992 || 901 
 France || 551 || 602 || 575 || 600 || 718 || 857 
 Croatia || : || : || : || : || : || 1 
 Italy || 1,091 || 3,590 || 5,898 || 1,483 || 1,952 || 2,573 
 Cyprus || 312 || 243 || 187 || 184 || 133 || 137 
 Latvia || 133 || 59 || 72 || 94 || 81 || 100 
 Lithuania || 94 || 72 || 34 || 45 || 122 || 95 
 Luxembourg || : || 6 || 1 || 2 || 3 || 4 
 Hungary || 96 || 68 || 59 || 56 || 50 || : 
 Malta || 14 || 22 || 8 || 12 || 19 || : 
 Netherlands || 164 || 156 || 112 || 85 || 93 || 142 
 Austria || 145 || 352 || 384 || 552 || 500 || 341 
 Poland || 139 || 147 || 241 || 73 || 640 || 1,211 
 Portugal || 190 || 111 || 107 || 86 || 67 || 58 
 Romania || 14 || 28 || 13 || 9 || 13 || 45 
 Slovenia || 2 || 4 || 7 || 9 || 6 || 3 
 Slovakia || 19 || 21 || 20 || 24 || 16 || 12 
 Finland || 19 || 14 || 8 || 11 || 19 || 17 
 Sweden || 88 || 150 || 156 || 163 || 172 || 143 
 United Kingdom || 852 || 688 || 595 || 570 || 573 || 565 
Source:
Eurostat data, last update: 31 July 2014, extracted on 18 August 2014.
When
it comes to irregular migration, Georgians represented 18% of the 1 316
attempts to irregularly cross the border detected in 2013 at the Eastern land
border route of the EU.[79]
 
In
general, irregular migration of Georgian citizens to the EU presents the
following characteristics:[80]

 sudden
     increases in (2009 and 2012-2013) and decreases of irregular flows,
     presumably due to political developments (2008 military conflict and 2012
     political power shift);
 the
     main transit country remains Belarus, which has no visa requirement for
     Georgian citizens;
 there
     has been a gradual shift from illegal border-crossing towards abuse of
     legal entry and, to a lesser extent, use of false documents; 
 there
     have been changes of destination countries: the number of irregular
     migrants to Greece decreased, whereas an increase has been noted in the
     case of Germany and Sweden, and other European countries such as
     Switzerland;[81]
 irregular
     migration trends have as common nominator unemployment and poverty,
     especially during 2012 when the country faced high unemployment rates.

   || 2008 || 2009 || 2010 || 2011 || 2012 || 2013 
 Belgium || 140 || 110 || 125 || 90 || 125 || 115 
 Bulgaria || 25 || 25 || 25 || 25 || 15 || 30 
 Czech Republic || 95 || 165 || 30 || 70 || 65 || 45 
 Denmark || 5 || 0 || 0 || 0 || 0 || 0 
 Germany (until 1990 former territory of the FRG) || 460 || 605 || 710 || 585 || 1,085 || 1,380 
 Estonia || 10 || 0 || 10 || 20 || 45 || 20 
 Greece || 1,915 || 2,395 || 1,340 || 850 || 795 || : 
 Spain || 635 || 595 || 440 || 355 || 290 || 245 
 France || 0 || 410 || 400 || 285 || 390 || 400 
 Croatia || : || : || : || : || : || 0 
 Italy || 265 || 245 || 370 || 335 || 445 || 395 
 Cyprus || 280 || 275 || 280 || 325 || 295 || 160 
 Latvia || 15 || 5 || 5 || 15 || 70 || 75 
 Lithuania || 30 || 80 || 55 || 130 || 265 || 220 
 Luxembourg || : || 0 || 0 || 5 || 5 || 5 
 Hungary || 15 || 30 || 30 || 35 || 45 || 65 
 Malta || 0 || 0 || 0 || 0 || 10 || 10 
 Netherlands || 95 || 140 || 280 || 160 || : || : 
 Austria || 490 || 895 || 450 || 345 || 410 || 340 
 Poland || 20 || 255 || 75 || 95 || 210 || 215 
 Portugal || 120 || 40 || 40 || 45 || 50 || 35 
 Romania || 0 || 20 || 20 || 30 || 10 || 10 
 Slovenia || 5 || 0 || 0 || 0 || 0 || 0 
 Slovakia || 230 || 130 || 85 || 40 || 65 || 55 
 Finland || 10 || 20 || 55 || 65 || 15 || 10 
 Sweden || 0 || 345 || 270 || 240 || 505 || 405 
 EU26 || 4,860 || 6,785 || 5,095 || 4,145 || 5,210 || 4,235 
 Iceland || 0 || 0 || : || : || : || : 
 Liechtenstein || 0 || 0 || 0 || : || 0 || 0 
 Norway || 5 || 0 || : || 10 || 15 || : 
 Switzerland || : || 0 || 0 || 205 || 200 || 245 
 Schengen associated || 5 || 0 || 0 || 215 || 215 || 245 
 Ireland || 145 || 250 || 120 || 45 || 25 || 25 
 United Kingdom || 125 || 135 || 105 || 90 || 110 || 75 
 UK and EI || 270 || 385 || 225 || 135 || 135 || 100 
 TOTAL above || 5,135 || 7,170 || 5,320 || 4,495 || 5,560 || 4,580 
Table
2: Georgian nationals found to be in an irregular migration situation 
Source:
Eurostat data, - annual data (rounded), last update: 04 April 2014 extracted on 26 May 2014.
When
it comes to the facilitation of irregular migration, Europol data shows that
the Georgian organised criminal groups (OCGs) are active in the production and
distribution of false documents facilitating migration.[82] 
Also
Polish and Russian citizens are involved in the facilitation of the travel and
long term-stay of the Georgian citizens in the EU. They focus on the
facilitation of migration of Georgian citizens issuing to them forged Latvia,
Lithuania or Romanian passports and fraudulently obtained Polish visas. In
2013, Germany detected the largest number of Georgian illegal stayers. Other
popular destination countries for facilitated illegal migration are Greece, Sweden,
France, and Italy. The main entry point to the EU is Poland. Poland issues the
majority of refusals to Georgian nationals. For instance, in 2013, Poland
issued 7 252 refusals of entry out of total 8 100 issued at the
Polish-Belarusian section of the border.
Georgian
irregular migrants combine the abuse of legal entry, illegal border-crossings
and asylum applications as entry methods to the EU. After being refused entry
due to the lack of visa, some apply for asylum, while others try to cross
Lithuanian, Latvian, or Polish borders illegally. 
According
to European Union Monitoring Mission in Georgia, it is likely that Georgia
remains an attractive transit country for irregular and circular migrants to
the EU, Russian Federation and Turkey.[83]
However, Georgian citizens do not constitute quantitatively an important group
among the EU migrants. The strict quota system that regulates the employment of
non-EU migrants makes it difficult for Georgian citizens to obtain a work
contract. A visa-free regime would help Georgians to regularise migration status
and their working conditions, and would foster regular temporary and circular
migration.[84]
According
to Europol, the visa liberalisation is not likely to result in an increase of
facilitated irregular migration from Georgia to the EU. On the contrary, the
visa-free regime will provide a framework for legal travel and, consequently,
should have a positive impact on reducing the facilitation services offered by
Georgian OCGs and other criminal networks. 
A
possible risk resides in the number of over-stayers, which might increase since
visa liberalisation creates the opportunity for Georgians to legally travel to
the EU. Further, changes in entry points can be expected through a shift from
land to air borders, which will bring about a shift of locations of issuance of
refusals of entry.
3.1.2.
Asylum: trends and possible impacts of a visa-free travel
According
to the EASO data, Georgia has consistently been among the top 15 main
citizenships of asylum applicants in the EU; however an important decrease has
been noted over the years: Georgia ranked 7th in 2009 and 15th
in 2013. 
Table
3: Asylum applications by Georgian citizens
   || 2008 || 2009 || 2010 || 2011 || 2012 || 2013 
 European Union (28 countries) || 5,015 || 10,500 || 6,865 || 7,060 || 10,830 || 9,110 
 European Union (27 countries) || 5,015 || 10,500 || 6,865 || 7,060 || 10,830 || 9,110 
 Belgium || 275 || 385 || 365 || 400 || 505 || 370 
 Bulgaria || 5 || 15 || 15 || 5 || 5 || 5 
 Czech Republic || 40 || 35 || 10 || 15 || 10 || 15 
 Denmark || 25 || 15 || 15 || 15 || 75 || 65 
 Germany (until 1990 former territory of the FRG) || 285 || 640 || 750 || 525 || 1,430 || 2,485 
 Estonia || 0 || 5 || 0 || 5 || 35 || 10 
 Ireland || 180 || 90 || 55 || 15 || 20 || 15 
 Greece || 2,240 || 2,170 || 1,160 || 1,120 || 895 || 535 
 Spain || 60 || 35 || 50 || 10 || 10 || 10 
 France || 460 || 540 || 1,435 || 1,740 || 2,680 || 2,695 
 Croatia || : || : || : || : || : || 0 
 Italy || 65 || 85 || 80 || 30 || 65 || 105 
 Cyprus || 120 || 75 || 40 || 15 || 10 || 0 
 Latvia || 15 || 0 || 0 || 175 || 105 || 145 
 Lithuania || 10 || 75 || 250 || 230 || 310 || 120 
 Luxembourg || 0 || 0 || 5 || 15 || 5 || 20 
 Hungary || 160 || 115 || 70 || 20 || 10 || 40 
 Malta || 5 || 0 || 0 || 0 || 0 || 0 
 Netherlands || 75 || 425 || 610 || 235 || 250 || 240 
 Austria || 510 || 975 || 370 || 260 || 300 || 255 
 Poland || 70 || 4,180 || 1,085 || 1,735 || 3,235 || 1,240 
 Portugal || 5 || 0 || 5 || 5 || 5 || 0 
 Romania || 55 || 40 || 10 || 25 || 0 || 25 
 Slovenia || 0 || 0 || 5 || 0 || 0 || 0 
 Slovakia || 120 || 100 || 65 || 65 || 55 || 35 
 Finland || 10 || 20 || 55 || 70 || 30 || 15 
 Sweden || 225 || 370 || 290 || 280 || 750 || 620 
 United Kingdom || : || 100 || 85 || 45 || 30 || 50 
 Iceland || 5 || 0 || 0 || 5 || 10 || 5 
 Liechtenstein || 0 || 0 || 0 || 0 || 0 || 0 
 Norway || 20 || 45 || 85 || 50 || 110 || 65 
 Switzerland || 480 || 640 || 640 || 400 || 725 || 655 
 Total || 5,520 || 11,185 || 7,595 || 7,515 || 11,675 || 9,835 
Source:
Eurostat data, last updated: 18.08.2014, extracted on 18.08.2014.
Most
of Georgian asylum seekers applied to Germany, France, Poland, Sweden and
Greece. 
The
highest rises in asylum applicants from Georgia were registered during times of
crisis, e.g. in 2003 (after the Rose revolution), 2008-2009 (following the
August 2008 war and recognition by Russia of the 'independence' of Georgia's breakaway
regions of Abkhazia and South Ossetia) and 2012 (political power shift). 
According
to Frontex, the asylum applications by Georgian nationals are likely to
continue due to the following reasons[85]:

 asylum
     procedure is already established as an abused method of entry;
 opening-up
     of legal travel channels to previously non-eligible persons;
 reduction
     of travel costs to EU borders;
 existence
     of possibly marginalised minorities such as Yezidi-Kurds;
 long-term
     displacement of Georgian nationals from Georgia's breakaway regions of South
     Ossetia and Abkhazia; and
 possible
     use of Georgian biometric passports by residents of Georgia's breakaway
     regions of South-Ossetia and Abkhazia to travel to the EU and apply for
     asylum.

In
the context of current flows, the most likely impact would be diversification
of entry points and a possible shift in locations of filing asylum applications,
that is, fewer applications would be submitted in Poland and more in
destination countries.
3.2
ASSESSMENT OF SECURITY IMPACTS
3.2.1.
Organised crime: trends and possible impacts of a visa-free travel
According
to Europol, Georgian organised crime groups are already present and active in
at least 12 EU Member States. They are particularly active in the following
criminal activities: theft, assault, pick-pocketing, residential and commercial
burglaries, robberies, fraud, drug trafficking, extortion, facilitation or
illegal migration, trafficking in human beings, cigarette smuggling, euro
counterfeiting, murder, and money laundering.
Georgian
OCGs control a large proportion of the criminal markets in the countries of the
former Soviet Union. The use of the Russian language and a common background
facilitates their cooperation with other groups from the region.
According
to Europol, the Kutaisi and Tbilisi clans are well-established in the EU and
their business interests focus on important sectors such as energy and real
estate. The horizontal network thieves-in-law, who manages criminal
groups and receives shares from businesses (especially Russian businesses) for
ensuring protection, has been affected by the 'Law on Organized Crime and
Racketeering'; its implementation led to the confiscation of their properties
and their detention. 
Visa
liberalisation may open up new opportunities for OCGs as they will be able to carry
out their activities in a less controlled, at least from the visa perspective,
environment. 
3.2.2.
Trafficking in human beings: trends and possible impacts of a visa-free travel
The
legal and institutional framework against trafficking of human beings is in
place. Georgia remains a place of origin, transit and destination country for
victims of sexual exploitation, particularly women and, to a lesser extent,
forced labour for men, women and children. In recent years, the main modus
operandi has changed and includes now forms of non-physical forms
of coercion such as deprivation of identity documents. Outside Georgia, Georgian
victims of human trafficking are mostly exploited in Turkey and in the United
Arab Emirates. Trafficking of women and men for the purpose of
labour exploitation has been on the rise, with 33 such victims identified in
2009 (out of a total of 48 identified victims) and 12 in 2010 (out of a total
of 19 victims).[86]
According
to Europol, EU Member States are not the main destination countries for
Georgian victims in THB. Accordingly, a visa-free regime is unlikely to change
that trend and increase exploitation of Georgian citizens.
3.2.3.
Drug trafficking: trends and possible impacts of a visa-free travel
Heroin
seizures in Georgia (116 kg) in 2013-2014 illustrate that Caucasus is used as a
traffic route to reach Europe.[87]
Data
suggests that South Caucasus route is used for the trafficking of Afghan
heroin. Ferry connections across the Black See, especially between Georgia and
Ukraine, may offer smuggling opportunities for traffickers. 
The
fact that Georgia and the EU do not share a land or a sea borders mitigate some
of the risks associated with trafficking of illicit goods such as drugs.
However, a visa-free regime may reduce the probability of detection in case of
air travel; OCGs might take advantage of people traveling from Georgia to the
EU by relying on drug couriers.
3.2.4.
Money laundering and terrorism financing: trends and possible impacts of a visa-free
travel
According
to the International Monetary Fund, in Georgia the most common methods for money
laundering are: the use of fictitious and offshore companies; fictitious
directors and representatives; false contracts and documents in order to conceal
and disguise illicit origins of proceeds of crime and transfer them through the
banks of Georgia inside and outside of the country; intermingling of proceeds
of crime with proceeds of legal businesses; and providing the responsible
anti-money laundering bodies with false information regarding trade in goods
and having businesses abroad in order to justify the movement of illicit money
into and out of the country, misappropriation, embezzlement, tax evasion, etc.[88]

[1] COM (2014) 681 final.
[2] COM (2013) 808 final.
[3] The CSWD reflect the state of play as of 25 September 2014.
[4] See the 'Overall Assessment and Next Steps' section of the Report,
above n 1.
[5] Article 20 paragraph 3 lays down the general rule according to
which consular services are to issue biometric passports. Article 20 paragraph
6 lists exceptions from the general rule of Article 20 paragraph 3. 
[6]
Since April 2010, on the territory of Georgia only ICAO compliant passports
have been issued. 
[7]  If a person has not reached the age of 12 or if health conditions
prevent a person from providing fingerprints. 
[8] The
amendment entered into force on 16 January 2006.
[9] International Organisation for Migration and International Centre
for Migration Policy Development. 
[10] The mission concerned land borders with Armenia and Turkey.
[11] The mission concerned land borders with Azerbaijan and Russia.
[12] Hungary and Lithuania. 
[13] State Border Crossing Points are under the authority of the
Ministry of Internal Affairs Patrol Police Department.
[14] The Working Group was established on 7 February 2014. The WG
consists of following institutions: Ministry of the Internal Affairs; Ministry
of Foreign Affairs; Public Services Development Agency/SCMI Secretariat under
the Ministry of Justice; Ministry of Economy and Sustainable Development;
Ministry of IDPs from the Occupied Territories, Accommodation and Refugees; and
the Office of the State Minister on European and Euro-Atlantic Integration.
[15] The Mobility Centre Program will be implemented over a period of 42
months starting in January 2014 and ending in June 2017. 
[16] Study visit in Poland: 30 September - 4 October 2013; study visit
in Austria: 21-25 October 2013; study visit in Belgium and the Netherlands:
25-29 November 2013; study visit in Moldova: 12-15 June; 26 – 27 March 2014.
[17] The
Working Group is composed of Public Services Development Agency under the
Ministry of Justice; Ministry of IDPs from the Occupied Territories,
Accommodation and Refugees; Ministry of Foreign Affairs; Office of the State
Minister of Diaspora Issues; National Statistics Office; Ministry of Economy
and Sustainable Development; Office of the State Minister on European and
Euro-Atlantic Integration; Ministry of the Internal Affairs; International
Organization for Migration; International Centre
for Migration Policy Development; IOM; and ICMPD.
[18] Article 2(r). 
[19] Based on the European Asylum Support Office (EASO) Module on COI. 
[20] During 2013, the centre received 92 persons and, on 1 August 2014,
56 persons were accommodated in the centre. 
[21] In 2013, 9 families (26 persons) received a monthly allowance. 38 families (111
persons) have been granted with financial aid between January and August 2014. 
[22] Entered into force on 5 October 2006.
[23] Armenia, Austria, Azerbaijan, Belarus, Bulgaria, Egypt, Estonia,
France, Hungary, Israel, Italy, Kazakhstan, Latvia, Lithuania, Malta, Moldova,
Poland, Romania, Turkey, Ukraine, the United Kingdom, and Uzbekistan.
[24] Permanent members of the THB Council are Ministry of Justice,
Ministry of Internal Affairs, Chief Prosecutor’s Office, Ministry of Labour,
Health and Social Affairs, Ministry of Foreign Affairs, Ministry of Economy and
Sustainable Development, Ministry of Education and Science, Office of the State
Minister of Georgia for Diaspora Issues, State Fund for the Protection and
Assistance of Victims of Trafficking, and Public Defender’s Office. Ad hoc
members are representatives of the Parliament of Georgia, the Council of Europe
Delegation to Georgia, the EU Delegation to Georgia, the US Embassy to Georgia,
the US Agency for International Development (USAID), UNICEF, International
Organisation for Migration, Georgian Young Lawyers Association, NGO
‘Tanadgoma’, NGO Civil Development Agency, and NGO Anti Violence Network.
[25] Key tasks of the THB Council are elaboration and implementation of
the NAP; development of proposals regarding issues of THB; coordination between
governmental agencies working on THB issues; cooperation with NGOs and
international organisations; and elaboration of periodic and annual reports
and, generally,  monitoring of the implementation of the NAP.
[26] The procedure of granting such status is regulated under the Law on
Combating Trafficking in Human Beings (Article 11) and the Presidential Decree
No 78 on Identification of a Victim and Granting a Status of Trafficking in
Persons. 
[27] For example, a victim of trafficking identified by an agency or
institution which is not a law enforcement body and is being supported by that
agency or a NGO. 
[28] The three-month period can be extended by way of consultation of
the Director of the State Fund.
[29] There two state shelters are located in Tbilisi and Batumi.
[30] Since 2006, the scope of responsibility of the Fund has been
extended to include victims of domestic violence, two elderly care homes, five
homes for the disabled and one childcare home.
[31] The regions routinely covered by these groups are Tbilisi, Kakheti,
Kvemo Kartli, Shida Kartli, Imereti, Samegrelo, Guria and Adjara. At present, a
Labour Inspectorate or a similar body does not exist within the Government
structure. However, the Georgian authorities intend to address the issue.
[32] For example, prosecutors, victim and witness coordinators,
investigators, Patrol Police, judges, Legal Aid Service lawyers, consular
offices, State Fund personnel, school teachers, etc.
[33] www.declaration.gov.ge 
[34]
According to the Law on State Procurement of Georgia, simplified procurement
can be used in order to implement an 'event of state and public importance' and
it has to be authorised by a legal act of Government of Georgia. Furthermore,
simplified procurement can be also resorted to in case of emergency or public
contracts with a supplier having an exclusive right on provision of goods,
services, etc. 
[35] See also the recommendations of the OECD concerning on the
appointment of specialised corruption prosecutors.
[36] Members of the Council are: Minister of Finances of Georgia; Deputy
Minister of Finances of Georgia; Head of the Investigation Service of the
Ministry of Finance of Georgia; Deputy Head of the Investigation Service of the
Ministry of Finance of Georgia; Head of the Legal Entity of Public Law –
Revenue Service of the Ministry of Finance of Georgia; Deputy Head of the Legal
Entity of Public Law – Revenue Service of the Ministry of Finance of Georgia;
Deputy Minister of Foreign Affairs of Georgia; Deputy Minister of Georgia on
European and Euro-Atlantic Integration; Deputy Minister of Justice of Georgia;
Deputy Minister of Internal Affairs of Georgia; Deputy General Prosecutor of
Georgia; Head of the Legal Entity of Public Law – Insurance State Supervision
Service of Georgia; Chairman of the Head of the Legal Entity of Public Law –
National Agency of Public Register; and Parliamentary Secretary of Georgia.
[37] According to current legal framework the FMS has the right to
request the court to suspend a transaction when there are reasonable grounds to
believe that is can be used for terrorism financing under paragraph 4 (f) of
Article 10 of the Law of Georgia on Facilitating the Prevention of Illicit
Income Legalization.
[38] The members of the State Commission are the Ministry of Internal
Affairs, the Ministry of Healthcare and the Ministry of Finance. The State
Commission holds its meetings once in a month.  
[39] The provisions were introduced to the Criminal Code of Georgia, the
Law on Narcotic Drugs, Psychotropic Substances, Precursors and Narcotic Aid,
and Law on Combating Drug related Crimes. 
[40] For example, provision allowing blocking sites selling psychoactive
substances.  
[41] Information received during the 2014 expert assessment mission. 
[42] International Convention for the
Suppression of Acts of Nuclear Terrorism; United Nations Convention against Corruption; United Nations Convention against
Transnational Organized Crime; Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, supplementing the United
Convention against Transnational Organized crime; Protocol against the
Smuggling of Migrants by Land, Sea and Air, supplementing the United Convention
against Transnational Organized Crime; Convention for
the Suppression of Unlawful Acts against the Safety of Maritime Navigation;
Protocol for the Suppression of Unlawful Acts against the Safety of Fixed
Platforms Located on the Continental Shelf; International
Convention against the Taking of Hostages; Convention
on the Prevention and Punishment of Crimes against Internationally Protected
Persons, including Diplomatic Agents; International Convention for the
Suppression of Terrorist Bombings; International Convention for the Suppression
of the Financing of terrorism; United Convention against Illicit Traffic in
Drugs and Psychotropic Substances; Convention for the Suppression of Unlawful
Acts against the Safety of Civil Aviation; Protocol on the Suppression of
Unlawful Acts of Violence at Airports Serving International Civil Aviation,
supplementing the Convention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation; Convention on Offences and Certain Other Acts
Committed on Board Aircraft; Convention for the Suppression of Unlawful Seizure
of Aircraft; and Convention on Offences and Certain Other Acts Committed on
Board Aircraft.
[43] Second Additional Protocol to the European Convention on Mutual
Assistance in Criminal Matters; Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse; Second Additional Protocol to the
European Convention on Mutual Assistance in Criminal Matters; Second Additional
Protocol to the European Convention on Extradition;             Additional
Protocol to the European Convention on Extradition; European Convention on
Extradition; Convention on cybercrime; Criminal Law Convention on Corruption;
Convention on Action against Trafficking in Human Beings; Convention on
Laundering, Search and Confiscation of the Proceeds from Crime; Additional
Protocol to the European Convention on Mutual Assistance in Criminal Matters;
European Convention on the International Validity of Criminal Judgments; Convention
on the Transfer of Sentenced Persons for the further enforcement of Sentence ;
European Convention on the Suppression of Terrorism; European Convention on
Mutual Legal Assistance in Criminal Matters; Additional Protocol to the
Convention on the Transfer of Sentenced Persons; Convention on the Transfer of
Sentenced persons; and Convention on Legal Assistance and Legal Relations in
Civil, Family and Criminal Matters.
[44] See the 2013 Commission Report, p 19.
[45] Council of Europe Convention for the Protection of Individuals with
regard to Automatic Processing of Personal Data (Convention 108); Strasbourg,
28.I.1981.
[46] Over 100 consultations were provided to private sector data
controllers and data processors. Private sector companies provided the
notifications to the Inspector on Filing System Catalogues. Also, the Inspector
dealt with a number of citizens’ complaints regarding private sector companies
without conducting inspections and sanctioning them, but adopting other
measures such as requesting data erasure or restricting publicity of data.
[47] In line with the Council of Europe Committee of Ministers'
Recommendation 87(15).
[48] Articles 157, 158 and 159 of the Criminal Code of Georgia.
[49] It applies to the processing of data by automatic means as well as
to manual processing. It defines principles for processing personal data,
including biometrics, obligation of data processor towards data subject, right
to appeal, etc. Chapter VIII addresses processing of data for the purposes of
police activities, excluding state secrets.
[50] Resolution no 180, July 19th, 2013.
[51] The OECD has recommended that promotion of judges be based on
competitive procedures with open announcement of vacancies and based on clear
criteria for promotion.
[52] As
for the initial appointment for the probation period of 3 years, the procedure
will be also changed. A separate set of amendments is being prepared in the
framework of the second stage of the reform of the judiciary and will be
presented to the Parliament by the end of 2014. 
[53] See the November 2013 Commission Report, p. 16.
[54] See also the section on Block 2.
[55] Ibid.
[56] Ibid.
[57] Article 3 paragraph 2 of the 'Law on procedure for registration of
citizens of Georgia and aliens residing in Georgia, issuance of identity
(residence) card and passport of a citizen of Georgia'.
[58]
Article 14 paragraph 2, ibid. 
[59]
Article 204 paragraph 1, ibid. 
[60] Issued before the entry into force of the Presidential Decree no
515 of 27 July 2012 on 'Approval of the Procedure for Determining the Status of
Stateless Persons. 
[61] Adopted on 5 March 2014 and entered into force on 1 September 2014 
[62] Article 2(3) of the Labour Code of Georgia, last amended on 4 July
2013, states that 'discrimination of any kind is forbidden during labour
relations, such as: discrimination by race, colour of skin, language, ethnic
and social belonging, origin, property, class, working place, age, sex, sexual
orientation, limited abilities, religion or membership of other unifications,
family status, political and other beliefs'. 
[63] Recently, the Constitutional Court of Georgia recognised
sexual orientation as a protected ground against discrimination in the
implementation of the constitutional principle of equality, by declaring
unconstitutional the Order of the Health Minister of Georgia of 5 December
2000, prohibiting homosexuals to donate blood (Constitutional Court of Georgia,
Judgment 10-11 February 2014).
http://dfwatch.net/constitutional-court-in-georgia-lifts-ban-on-homosexuals-giving-blood-10117.
[64] Article 2(2), (3) and (9).  
[65] Article 2(6).
[66] Article 2(5).
[67] Article 2(4).
[68] Article 2(7).
[69] Accordingly, Article 5 includes a safeguard clause referring to the
Constitutional Agreement between the State of Georgia and the Orthodox Church
of Georgia
[70] Article 3 of the Anti-Discrimination Law and
Article 3(1) of the 'Law on Public Defender'.
[71] Article 6(1).
[72] Article 8.
[73] For example, the inclusion of the principle of sharing or shifting
the burden of proof in civil law cases (Article 363 of the Code of Civil
Procedure) and in the procedures before the Public Defender (Article 8(2) of
the Anti-Discrimination Law); the legal standing of the Public Defender in
administrative law cases, i.e. in the  case of non-compliance or failure by an
administrative body to respond to the recommendations issued on the
establishment of the fact of discrimination (Article 14¹(2)(h) of the Law on
the Public Defender).
[74] See also, the Advisory Committee on the Framework Convention for
the Protection of National Minorities, Opinion on Georgia of adopted on 19
March 2009; Georgia in Transition. Report on the human rights dimension:
background, steps taken and remained challenges, by Thomas Hammarberg, EU
Special Adviser on Constitutional and Legal Reform and Human Rights in Georgia,
issued on September 2013, pp. 24-25; Commissioner for Human Rights Council of
Europe, Report by Nils Muiznieks following his visit to Georgia from 20 to 25
January 2014, para. 86-87, published on 12 May 2014. 
[75] www.yourhumanrights.ge
[76] The Caucasus Institute for Peace, Democracy
and Development, 'Labour migration from Georgia and bilateral migration
agreements: Needs and Prospects', 2009.
[77] Migration Policy Centre's input to the
Assessment of Impacts, July 2014.
[78] Including Croatia.
[79] Frontex's
Annual Risk Analysis 2014 http://frontex.europa.eu/assets/Publications/Risk_Analysis/Annual_Risk_Analysis_2014.pdf,
p.40.
[80] Frontex's input to the Assessment of Impacts, July 2014.
[81] For instance, of the overall number of detections between 2012 and
2013, Germany was the country recording a sharp increase (27%) of Georgians
illegally staying. 
[82] Europol's input to the Assessment of Impacts,
July 2014. 
[83] European Union Monitoring Mission in Georgia input
to the Assessment of Impacts, July 2014.
[84] EASO's input to the Assessment of Impacts, July 2014.
[85] Frontex input to the
Assessment of Impacts, July 2014.
[86]Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Georgia, 2011 http://www.coe.int/t/dghl/monitoring/trafficking/Docs/Reports/GRETA_2011_24_FGR_GEO_en.pdf, p. 9.
[87] The illicit drug trade through South-Eastern Europe, March 2014, 
http://www.unodc.org/documents/data-and-nalysis/Studies/Illicit_DT_through_SEE_REPORT_2014_web.pdf.
[88] Georgia: Detailed Assessment Report on Anti-Money Laundering and
Combating the Financing of Terrorism, January 2013, http://www.imf.org/external/pubs/ft/scr/2013/cr1304.pdf, p. 26.