According to the ministry, the new law covers any activity that uses oral or written communication to influence officials of the executive or legislative branches with regard to creating, amending or abolishing policies and rules. However, issues relating to national defense, diplomacy or mainland Chinese affairs where national security or secrets are involved fall outside the scope of the definition.
The 31-article law stipulates that all lobbyists are required to register with the ministry, stating their purposes, the period of their activities and estimated expenses. They will also have to submit reports about their finances every three months. Failure to register is punishable by a maximum fine of around US$83,300. In addition, officials must report communication with lobbyists within seven days of their occurrence. The ROC is the third country in the world to have enacted such legislation, after the United States and Canada.
In comparison with Taiwan's regulations, the lobbying laws of the two North American countries only regulate lobbyists. The local rules are stricter because they cover lobbyists as well as lobbied parties and the interaction between them.
The new law applies to the president, the vice president, lawmakers, and high-ranking officials in central and local governments. Diplomatic missions in Taiwan and other inter-governmental organizations are exempt from the act.
Because of the inherent difficulty of enforcing such a law, and the fact most representatives of public opinion and lobby groups are unfamiliar with it, local news outlets predict that the legislation will have a "rocky debut."
Before adjourning the Legislature's current session July 19, Legislative Yuan President Wang Jin-pyng reminded all lawmakers to review the complicated law while the legislative body is in recess.
Lu Hsueh-chang, one of the ruling Kuomintang legislators who proposed the act, said the law was a complex one and took an inordinate amount of time to understand. He advocated that the MOI should explain the spirit and content of the act to the public, and provide a summary to legislators for reference. In response to Lu's suggestion, the MOI has scheduled a meeting Aug. 1 to explain the act and to allay any concerns regarding its scope of coverage.
Confusion over the legislation has left not only legislators and members of public relations units scratching their heads, but also the lobbyists themselves. Many lobbyists working on behalf of nongovernmental organizations are worried that the law will leave them hamstrung and ineffective once it comes into effect.
"People don't need to panic about being liable and held responsible for their every move," said Hsieh Mei-ling, a section chief at the MOI. "Some acts are not covered under the new law. For example, if people or organizations address their opinions via application, petition, pleading and statement of opinion, it is impossible for them to be in violation," she said.
Ku Chung-hwa, a sociology professor at National Chengchi University and the convener of Citizen Watch--a legislative watchdog--welcomed the act. "The new regulations are expected to eliminate influence-peddling," he said. "It will be easier for advocacy groups who are at a relative disadvantage in comparison with more influential and better-resourced outfits when it comes time to make their voices heard."
The Lobbying Act is one of several "sunshine bills," including the Legislators' Conduct Act, the Public Functionary Assets Disclosure Act, the Public Officials' Conflicts of Interest Prevention Act, and the Political Contribution Act, to have passed into law since the 1990s.
According to the MOI, the aim of these laws is to allow Taiwan to become a nation filled with clean governance "sunshine." However, the most important issue is determining how to implement the regulations and help enforce the laws.
The Lobbying Act was promulgated by former Democratic Progressive Party President Chen Shui-bian Aug. 8, 2007 and given a grace period of one year.
Write to Tso Lon-di at londi@mail.gio.gov.tw