ASSESSING THE LOBBYING ENVIRONMENT

  1. Constitution: What is the basic source of law? What is the scope of, and limitations on government power relevant to the regulation of lobbying and government relations.
  2. Legislative system: Legislative system as it relates to lobbying
  3. National subdivisions: Extent to which legislative or rule-making authority relevant to lobbying practice also exists at regional, provincial or municipal level.
  4. Consultation process: Does the legislative process at national or subnational level include a formal consultation process? What opportunities or access points are typically available to influence legislation?
  5. Judiciary: Is the judiciary deemed independent and coequal? Are judges are elected or appointed? If judges are elected, are campaigns financed through public appropriation or candidate fundraising.
  6. General: Is lobbying self-regulated by industry, or is it regulated by the government, legislature or an independent regulator? What are the regulator’s powers.
  7. Definition: Is there a definition or other guidance as to what constitutes lobbying?
  8. Registration and other disclosure: Is there voluntary or mandatory registration of lobbyists? How else is lobbying disclosed?
  9. Activities subject to disclosure or registration: What communications must be disclosed or registered?
  10. Entities and persons subject to lobbying rules: Which entities and persons are caught by the disclosure rules?
  11. Lobbyist details: What information must be registered or otherwise disclosed regarding lobbyists and the entities and persons they act for? Who has the responsibility for registering the information?
  12. Content of reports: When must reports on lobbying activities be submitted, and what they must include?
  13. Financing of the registration regime: How is the registration system funded?
  14. Public access to lobbying registers and reports: Is access to registry information and reports available to the public?
  15. Code of conduct: Is there a code of conduct that applies to lobbyists and their practice?
  16. Media: Are there restrictions in broadcast and press regulation that limit commercial interests’ ability to use the media to influence public policy outcomes?
  17. General: How are political parties and politicians funded?
  18. Registration of interests: Must parties and politicians register or otherwise declare their interests? What interests, other than travel, hospitality and gifts must be declared?
  19. Contributions to political parties and officials: Are political contributions or other disbursements to parties and political officials limited or regulated? How?
  20. Source of funding for political campaigns: How are political campaigns for legislative positions and executive offices financed?
  21. Lobbyist participation in fundraising and electioneering: Does registration as a lobbyist trigger any special restrictions or disclosure requirements with respect to candidate fundraising.
  22. Independent expenditure and coordination: How is parallel political campaigning independent of a candidate or party regulated?
  23. Gifts, travel and hospitality: Any prohibitions, limitations or disclosure requirements on gifts, travel or hospitality that legislative or executive officials may accept from the public?
  24. Anti-bribery Laws: What anti-bribery laws apply that restrict payments or otherwise control the activities of lobbyists or holders of government contracts?
  25. Revolving door: Are there any controls on public officials entering the private sector after service or becoming lobbyists, or on private-sector professionals being seconded to public bodies?
  26. Prohibitions on lobbying: Is it possible to be barred from lobbying or engaging lobbying services? How?
  27. Cases: Has there been any recent high-profile judicial or administrative decisions dealing with the intersection of government relations, lobbying registration and political finance?
  28. Remedies and sanctions: In case of non-compliance or failure to register or report, what remedies or sanctions have been imposed?

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