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Public Diplomacy Act, 1760

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Public Diplomacy Act, 1760

14th Cortes Federales
Long title An Act to strengthen and give coherence to the public diplomacy of the Federation; to provide for a master plan and annual action plans; to establish a Public Diplomacy Council; to define the roles of the Department of State, the overseas missions, the Regions, and the private sector; to establish a Public Diplomacy Fund and to provide for its costing, audit, and the safeguarding of gifts and grants to it; to recognize the ceremonial diplomacy of the Crown as an instrument of public diplomacy while preserving the Royal prerogative; to require an annual report to the Federal Assembly; and for connected purposes.
Bill Number FA-1760-11
Introduced by Council of State (Government of the Federal Accord), sponsored by Gabrielle Fitzgerald (DSP / Secretary of State)
Extent Entire Federation of Nouvelle Alexandrie
Dates
Bill Status Proposed
Date introduced 20.VII.1760 AN
Last updated 20.VII.1760 AN
Other legislation
Amendments None
Related legislation

The Public Diplomacy Act, 1760 (Alexandrian: Loi sur la diplomatie publique, 1760; Martino: Ley de Diplomacia Pública, 1760; Wechua: Llaqta Diplomasiamanta Kamachiy, 1760) is proposed legislation of Nouvelle Alexandrie brought before the 14th Cortes Federales by the Council of State of the Federal Accord. It places the Federation's public diplomacy on a statutory footing for the first time. Public diplomacy is the work of building understanding of and confidence in Nouvelle Alexandrie among foreign publics through its culture, values, knowledge, and policies.

The Act requires the Secretary of State to draw up a five-year master plan and annual action plans, establishes a Public Diplomacy Council to coordinate them, and creates a Public Diplomacy Fund that the Federal Budget and Costing Office costs each year and the Federal Audit Office audits. It defines the parts played by the Department of State, the overseas missions, the Regions, and the private sector; recognizes the state visits and goodwill tours of the Crown as instruments of public diplomacy while leaving the Royal prerogative untouched; and requires an annual report to the Federal Assembly. The Act creates no new department: the existing public-diplomacy bureaus of the Department of State are its implementing arm.

Background

The Federation has long conducted public diplomacy without a statute to frame it. The Department of State carries the work through its Undersecretary for Public Diplomacy and Public Affairs and the bureaus beneath it, and trains its diplomats at the Institut Diplomatique de Punta Santiago; but these efforts rest on administrative practice rather than on law, and no single instrument sets their objectives, coordinates the departments and Regions that take part, or provides a dedicated and audited source of funds.[1] The Federation's public diplomacy also reaches the communities of New Alexandrians abroad, among them the Wechua, Alexandrian, and Caputian diasporas whom the Law of Graces binds to the Federation; the Act numbers their engagement among its purposes.[2]

The ceremonial diplomacy of the Crown grew in prominence over the same period. The Royal Goodwill Tour of 1760 drew attention abroad. On it, King Sinchi Roca II represented the Federation across a succession of foreign capitals, traveling jointly with Empress Clara, who reigns in Natopia in her own right. The tour raised the question of how the Government's public diplomacy and the Crown's ceremonial role should be coordinated without trespassing on the Royal prerogative.[3]

The Federal Accord came to office committed to clean government and the independent audit of public money.[4][5] This Act is the Government's answer for public diplomacy. It gathers the scattered practice under a master plan the Secretary of State must renew every five years, funds it through a Public Diplomacy Fund that the Federal Budget and Costing Office costs and the Federal Audit Office audits, and draws a clean line against the misuse of that money by tying any gift or grant into the Fund to the Federation's anti-corruption law, including the Improper Solicitation and Public Gifts Act, 1760.

Key provisions

The Act is arranged in six Parts. Part I sets out the citation, the defined terms, the purposes, and the application of the Act. It defines public diplomacy as the activity by which the Federation, directly or with the Regions or the private sector, fosters among foreign publics an understanding of and confidence in the Federation, and it provides that the Act is read together with the Federal Diplomatic Affairs Act, 1700 and the International Diplomatic Cooperation Act, 1707. The general law on procurement, grants, and the audit of public money continues to apply, but the Act's own duties and Fund safeguards are not displaced except by a statute that expressly amends it.

Part II states the principles and the responsibilities. Public diplomacy must reflect both the values the Federation shares with others and its own distinct character, must promote durable and amicable cooperation, and must seek to engage a broad range of nations and regions rather than concentrating on any one. The Federation is made responsible for a comprehensive strategy, for the support that carries it out, for a platform of cooperation with the Regions and the private sector, and for the international information and cultural-relations work, including international broadcasting, conducted through the Department's public-diplomacy bureaus; that broadcasting must keep its editorial independence, be openly attributed to the Federation, and not be turned on the domestic public. A separate Article recognizes the state visits and goodwill tours of the Crown as instruments of public diplomacy, requires the Secretary to consult the Royal Household and seek alignment where the Act's activities touch the ceremonial diplomacy of the Crown, without prejudice to the Household's authority over the Sovereign's diary and the prerogative, and provides that nothing in the Act limits or directs the Royal prerogative.

Part III provides the planning machinery. The Secretary of State must formulate a master plan at least once every five years, and the first within a year of the Act's commencement, in consultation with the Council of State and the Regions, covering, among other matters, its objectives, its funding, the support to be given to the Regions and the private sector, the coordination of the Crown's state visits, and the engagement of New Alexandrians abroad; each master plan is laid before the Assembly and published. Departments and Regions draw up annual action plans that conform to the master plan, which the Secretary integrates into a comprehensive action plan. A Public Diplomacy Council, established within the Department as an advisory and coordinating body chaired by the Secretary, brings together officials with Regional nominees and members independent of the Government, deliberates on and coordinates these plans, and gives reasoned advice on each master plan that the Secretary must publish; each overseas mission draws up a plan for its own area.

Part IV carries the support, research, and information functions: support to the Regions and the private sector within the limits of the Fund and on published, competitive terms, research and a yearly evaluation of the comprehensive action plan, a public-diplomacy information system, and a power to designate a partner institution, through which the training and research functions may be carried out at the Institut Diplomatique de Punta Santiago. Designation as a partner institution confers no entitlement and does not displace the general law of procurement and grants; a partner institution's use of the Fund is subject to conflict-of-interest rules, audit, and recovery.

Part V establishes the Public Diplomacy Fund, denominated in NAX€, out of appropriations by the Cortes Federales, accepted gifts and grants, and the income of its activities; the Act appropriates no money of itself. The Department administers the Fund and may spend from it only on the classes of public-diplomacy activity the Act lists, never on domestic-political or covert activity, and only in accordance with a master plan in force. The Federal Budget and Costing Office costs and publishes the Fund each year, while the Federal Audit Office audits its accounts and may test whether its money was spent economically and for permitted purposes. A dedicated Article governs gifts and grants: the Secretary must not take money from a foreign government, an anonymous or unidentifiable source, or an interested party, must trace a gift to its true source, must not let a donor earmark it, and must return anything taken in breach; larger gifts are notified to the Assembly, and every gift is recorded and published. Part V also requires an annual report to the Federal Assembly that covers the Fund and the geographic spread of the Federation's effort, and it allows sensitive material to be withheld from publication with the fact of the withholding stated.

Part VI carries the constitutional basis, being the Federation's authority over foreign relations under Article 2 of the Proclamation of Punta Santiago, together with a regulation-making power that cannot cut down the Act's own duties, and commencement on the Royal Assent.

Provisions in outline

Structure of the Act
Part Articles Subject
I 1–4 General provisions: citation, definitions, purpose, and application
II 5–7 Principles and responsibilities: the basic principles, the Federation's responsibilities, and the ceremonial diplomacy of the Crown
III 8–11 Planning and coordination: the master plan, annual action plans, the Public Diplomacy Council, and the overseas missions
IV 12–15 Support, research, and information: support to the Regions and the private sector, research and evaluation, the information system, and partner institutions
V 16–19 Funding and oversight: the Public Diplomacy Fund, gifts and grants, the annual report to the Federal Assembly, and publication of sensitive material
VI 20–22 Closing provisions: constitutional basis, regulations, and commencement

Legislative progress

Legislative progress
Stage Date Chamber Action Votes (Y-N-A) Details
1 20.VII.1760 AN Federal Assembly Introduction - Introduced for the Council of State by Gabrielle Fitzgerald (DSP, Secretary of State)
2 pending Federal Assembly Committee report -
3 pending Federal Assembly Final division -
4 pending Chamber of Peers Concurrence -
5 pending - Royal Assent - Sinchi Roca II

Bill as submitted to the Hopper of the Federal Assembly, 1760 AN

Public Diplomacy Act, 1760

THE READING OF
A
BILL
TO
strengthen and give coherence to the public diplomacy of the Federation; to provide for a master plan and annual action plans; to establish a Public Diplomacy Council; to define the roles of the Department of State, the overseas missions, the Regions, and the private sector; to establish a Public Diplomacy Fund and to provide for its costing, audit, and the safeguarding of gifts and grants to it; to recognize the ceremonial diplomacy of the Crown as an instrument of public diplomacy while preserving the Royal prerogative; to require an annual report to the Federal Assembly; and for connected purposes.

Public Diplomacy Act, 1760

Presented for the Council of State by Gabrielle Fitzgerald (DSP), Secretary of State
Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 1760 AN.

BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present session assembled, and by the authority of the same, as follows:-


PART I
GENERAL PROVISIONS

Article 1: Citation.

  1. This Act may be cited as the "Public Diplomacy Act, 1760".

Article 2: Definitions.

  1. In this Act:
    1. "an action plan" means an annual plan formulated under Article 9;
    2. "the Assembly" means the Federal Assembly;
    3. "the comprehensive action plan" means the plan formulated under Article 9(2);
    4. "the Costing Office" means the Federal Budget and Costing Office;
    5. "the Council" means the Public Diplomacy Council established under Article 10;
    6. "the Crown" means the King and the institutions of the monarchy;
    7. "the Department" means the Department of State;
    8. "the Fund" means the Public Diplomacy Fund established under Article 16;
    9. "the Gazette" means the Federal Gazette;
    10. "a master plan" means the plan formulated under Article 8;
    11. "an overseas mission" means a diplomatic or consular mission of the Federation abroad, and includes a permanent representation to an international organization;
    12. "a partner institution" means an institution designated under Article 15;
    13. "public diplomacy" means the activity by which the Federation, directly or in cooperation with the Regions or the private sector, fosters among foreign publics an understanding of and confidence in the Federation through its culture, values, knowledge, and policies;
    14. "a Region" means a region of the Federation, and includes its government and public bodies;
    15. "the Secretary" means the Secretary of State.

Article 3: Purpose.

  1. The purposes of this Act are—
    1. to strengthen and give coherence to the public diplomacy of the Federation;
    2. to coordinate the public diplomacy of the Department, the overseas missions, the Regions, and the private sector under a common plan;
    3. to provide stable funding, and independent costing, for public diplomacy;
    4. to engage the communities of New Alexandrians abroad in the public diplomacy of the Federation; and
    5. to place the conduct of public diplomacy on a statutory footing while preserving the ceremonial role of the Crown.
  2. This Act establishes no new department. It is read together with the Federal Diplomatic Affairs Act, 1700 and the International Diplomatic Cooperation Act, 1707, and where this Act is silent those instruments continue to apply.

Article 4: Application.

  1. This Act binds the Department and every public body of the Federation that conducts public diplomacy.
  2. This Act does not displace the general law of the Federation governing procurement, grants and subsidies, the appropriation and audit of public money, or the protection of personal data; that law continues to apply to activities under this Act.
  3. Except as provided in paragraph 2, the duties imposed and the safeguards created by this Act, and in particular the planning and reporting duties and the safeguards on the Fund under Articles 16 and 17, have effect despite any other enactment, and are displaced only by an enactment that expressly amends this Act.
PART II
PRINCIPLES AND RESPONSIBILITIES

Article 5: Basic principles of public diplomacy.

  1. In conducting public diplomacy, the Federation must—
    1. reflect both the values the Federation shares with the international community and the distinct character of the Federation;
    2. promote durable and amicable cooperation with other nations and peoples; and
    3. seek to engage a broad range of nations and regions, rather than concentrating on any single nation or region to the exclusion of others.

Article 6: Responsibilities of the Federation.

  1. The Federation must establish and pursue a comprehensive and systematic strategy for public diplomacy.
  2. The Federation must provide the administrative and financial support necessary to carry that strategy into effect.
  3. The Federation must maintain a platform for cooperation with the Regions and the private sector.
  4. The Federation must promote public awareness of, and participation in, public diplomacy.
  5. The Federation must conduct international information and cultural-relations activities, including international broadcasting, directed at foreign publics. These activities are conducted through the bureaus of the Department responsible for public diplomacy and public affairs.
  6. International broadcasting and information activities under this Act must—
    1. maintain editorial independence in the selection and presentation of news and information;
    2. be openly attributed to the Federation, and must not be conducted under a covert or disguised origin; and
    3. not be used to direct or control the domestic media of the Federation, or to conduct public diplomacy directed at the domestic public.

Article 7: Ceremonial diplomacy of the Crown.

  1. The state visits, goodwill tours, and receptions of the Crown are instruments of the public diplomacy of the Federation.
  2. The Secretary must consult the Royal Household on, and seek the alignment of, the activities under this Act that relate to the ceremonial diplomacy of the Crown, without prejudice to the sole authority of the Royal Household over the Sovereign's diary and over the exercise of the prerogative.
  3. Nothing in this Act limits, or authorizes the direction of, the exercise of the Crown's prerogative.
PART III
PLANNING AND COORDINATION

Article 8: Master plan for public diplomacy.

  1. The Secretary must formulate a master plan for public diplomacy at least once every five years, in consultation with the Council of State and the Regions.
  2. A master plan must set out—
    1. the objectives and policy direction of the Federation's public diplomacy;
    2. the principal policies, and the means by which they are coordinated;
    3. the raising and use of funds for public diplomacy, including the Fund;
    4. the measures to build capacity and systems, and to evaluate public diplomacy;
    5. the support to be given to the Regions;
    6. the support to be given to the private sector;
    7. the coordination of the state visits and goodwill tours of the Crown;
    8. the engagement of the communities of New Alexandrians abroad;
    9. the conduct of international information and cultural-relations activities; and
    10. any other matter necessary for public diplomacy.
  3. The Secretary must submit a draft master plan to the Council for deliberation under Article 10 before the plan is finalized, and must notify the Council of State and the Regions of the finalized plan.
  4. The Secretary must formulate the first master plan within twelve months beginning with the day this Act comes into force.
  5. The Secretary must lay each master plan before the Assembly, and must publish it, subject to Article 19.

Article 9: Annual action plans.

  1. Each department of the Council of State, and each Region, that conducts public diplomacy must formulate and implement an annual action plan that conforms to the master plan, and must report its results to the Secretary.
  2. The Secretary must formulate and implement a comprehensive action plan that integrates the action plans under paragraph 1 with the Department's own plan.
  3. In formulating an action plan, a body must not duplicate the projects of another body, and must cooperate with the other bodies. An action plan must reflect the characteristics of the nation and region it concerns.

Article 10: Public Diplomacy Council.

  1. The Public Diplomacy Council is established within the Department as an advisory and coordinating body.
  2. The Council must deliberate on and coordinate—
    1. the formulation, revision, and pursuit of the master plan;
    2. the formulation and evaluation of the comprehensive action plan;
    3. the integration of similar or overlapping projects within the comprehensive action plan;
    4. cooperation among the departments of the Council of State in public diplomacy; and
    5. the participation of the Regions, the private sector, and the public in public diplomacy.
  3. The Council consists of not more than twenty members. The Secretary is its chairperson and appoints the other members, who must include—
    1. officers of the departments concerned;
    2. a member nominated by each Region that wishes to take part; and
    3. persons who are independent of the Government and have knowledge and experience of public diplomacy, of civil society, or of the audit of public money.
  4. The Council must give reasoned advice to the Secretary on each draft master plan and on the annual evaluation, and the Secretary must publish that advice, subject to Article 19.
  5. The Council does not exercise the functions of the Secretary or of the Department, and its advice does not bind the Secretary; but where the Secretary departs from the Council's advice on a master plan, the Secretary must publish the reasons for doing so.
  6. The Secretary may make regulations for the composition and operation of the Council, but must not by regulation remove the requirements of paragraphs 3 to 5.

Article 11: Overseas missions.

  1. The head of an overseas mission must formulate and implement an annual public-diplomacy plan for the area of the mission's responsibility, in conformity with the master plan.
  2. An overseas mission must take part in identifying projects and conducting research for public diplomacy, and may request a Region or a person in the private sector to provide material necessary for that purpose.
PART IV
SUPPORT, RESEARCH, AND INFORMATION

Article 12: Support to the Regions and the private sector.

  1. The Federation may support a Region in its public-diplomacy activities if the Region requests it.
  2. The Federation may subsidize, in whole or in part and within the limits of the Fund, the participation of the private sector in public diplomacy, and may provide administrative support for that participation.
  3. A subsidy to the private sector must be awarded on published eligibility criteria and through a fair and competitive process, and confers no entitlement to renewal.
  4. The Secretary may make regulations for support under this Article, including the eligibility criteria, the competitive process, the management of conflicts of interest, the conditions of a subsidy, and the audit and recovery of a subsidy that is misused or not accounted for.

Article 13: Research and evaluation.

  1. The Secretary may conduct research into the conduct and results of public diplomacy.
  2. The Secretary must evaluate the comprehensive action plan each year, and must report the evaluation to the Council.

Article 14: Public diplomacy information system.

  1. The Secretary may establish and operate an information system to coordinate public diplomacy and to share information among the bodies concerned.
  2. The Secretary may request a department of the Council of State, a Region, or a partner institution to provide information for the system, and that body must comply unless it has a reasonable excuse, which includes legal privilege, the protection of classified information, and the protection of personal data.

Article 15: Partner institutions.

  1. The Secretary may designate an institution to carry out projects for public diplomacy (a "partner institution").
  2. The designation of a partner institution—
    1. confers no entitlement to a subsidy, a contract, or the renewal of either;
    2. does not displace the general law governing procurement, grants, and the appropriation of public money, which continues to apply to any subsidy or contract; and
    3. must be made on published eligibility criteria and through a fair and competitive process.
  3. A partner institution may—
    1. support the formulation of the action plans and the comprehensive action plan;
    2. build platforms for cooperation with institutions and organizations at home and abroad;
    3. operate the information system under Article 14;
    4. conduct education, consultation, and public-relations projects for public diplomacy;
    5. train persons for public diplomacy; and
    6. conduct research and compile statistics on public diplomacy.
  4. The functions of training persons for public diplomacy and of conducting research under this Article may be carried out through the Institut Diplomatique de Punta Santiago.
  5. The Secretary may subsidize the operation of a partner institution from the Fund, in accordance with a master plan in force, and must provide by regulation for—
    1. the management of conflicts of interest in the designation and funding of a partner institution; and
    2. the audit of a partner institution's use of money from the Fund, and the recovery of money that is misused or not accounted for.
  6. The Secretary may make regulations for the designation and operation of a partner institution, consistent with this Article.
PART V
FUNDING AND OVERSIGHT

Article 16: Public Diplomacy Fund.

  1. The Public Diplomacy Fund is established, denominated in NAX€.
  2. The Fund consists of—
    1. money appropriated to it by the Cortes Federales;
    2. a gift or grant accepted under Article 17; and
    3. income arising from the activities financed by the Fund.
  3. This Act appropriates no money of itself; the Fund is capitalized only from the sources in paragraph 2.
  4. The Department administers the Fund. The Secretary may spend from the Fund only—
    1. to formulate, coordinate, and evaluate the master plan and the comprehensive action plan;
    2. to support the Regions and the private sector under Article 12, and partner institutions under Article 15;
    3. to conduct international information, cultural-relations, and broadcasting activities under Article 6;
    4. to conduct research, operate the information system, and build capacity for public diplomacy; and
    5. for the administration of the Fund and the work of the Council.
  5. Money in the Fund must not be spent—
    1. on public diplomacy directed at the domestic public, or on domestic party-political or electoral activity;
    2. on a covert activity, or an activity whose attribution to the Federation is concealed; or
    3. otherwise than in accordance with a master plan in force, except for the administration of the Fund and the preparatory work for the first master plan.
  6. The Costing Office must, each year, cost and publish the operation of the Fund and of the comprehensive action plan.
  7. The Federal Audit Office audits the accounts of the Fund each year, may examine whether money from the Fund has been spent economically, efficiently, and for the purposes permitted by this Act, and reports to the Cortes Federales.

Article 17: Gifts and grants to the Fund.

  1. The Secretary may accept a gift or grant into the Fund only in accordance with this Article and the regulations.
  2. The Secretary must not accept a gift or grant into the Fund—
    1. from a foreign government, or from a person owned or controlled by, or acting on behalf of, a foreign government;
    2. whose source cannot be identified, or which is offered anonymously;
    3. from a person who is a party to, or is seeking, a contract, subsidy, or designation under this Act, where its acceptance would give rise to a conflict of interest; or
    4. where its acceptance would contravene the Improper Solicitation and Public Gifts Act, 1760 or the Comprehensive Anti-Corruption Act, 1721.
  3. Before accepting a gift or grant, the Secretary must take reasonable steps to establish its true source, and, where a gift or grant exceeds the threshold set by regulation, must obtain and record that information.
  4. A gift or grant into the Fund must not be accepted on a condition that it be applied to a particular nation, region, project, or person; money in the Fund is applied only under a master plan in force.
  5. The Department must record the source and amount of each gift or grant accepted into the Fund, and must publish that record, subject to Article 19.
  6. Where the Secretary becomes aware that a gift or grant was accepted contrary to this Article, the Secretary must return it, or its value, to the giver, or otherwise dispose of it as the regulations provide, and must report the matter in the next report under Article 18.
  7. The Secretary must notify the Assembly of each gift or grant accepted into the Fund that exceeds the threshold set by regulation.

Article 18: Report to the Federal Assembly.

  1. The Secretary must, before each regular session of the Assembly, lay before the Assembly a report on the pursuit of the master plan and the comprehensive action plan.
  2. The report must include—
    1. an account of the activities financed by the Fund and of the gifts and grants accepted into it;
    2. the geographic distribution of the Federation's public-diplomacy effort among nations and regions; and
    3. the annual evaluation under Article 13.
  3. The report is published, subject to Article 19.

Article 19: Publication and sensitive material.

  1. Where this Act requires a plan, an evaluation, a record, or a report to be published or laid, the Secretary may withhold material whose publication would prejudice—
    1. the security or defense of the Federation;
    2. the conduct of the Federation's international relations; or
    3. the privacy of an individual.
  2. Where material is withheld, the Secretary must state the fact of the withholding and its general nature.
PART VI
CLOSING PROVISIONS

Article 20: Constitutional basis.

  1. This Act is enacted under the authority of the Federation over foreign affairs as a federal competence, conferred by Article 2 (Division of Powers) of the Proclamation of Punta Santiago, which assigns foreign relations to the federal entities.

Article 21: Regulations.

  1. The Secretary may make regulations for carrying this Act into effect.
  2. A power to make regulations under a particular Article includes a power to make different provision for different cases.
  3. Regulations under this Act are subject to this Act, and must not reduce, dispense with, or alter a duty or safeguard that this Act imposes.
  4. Regulations under this Act must be published in the Gazette.

Article 22: Commencement and application.

  1. This Act applies to the Federation.
  2. This Act comes into force on receiving the Royal Assent.
  3. This Act must be published in the Gazette within seven days beginning with the day of the Royal Assent.
  4. If a provision of this Act is held to be invalid, the remaining provisions continue in force.

Amendments

No amendments to date.

Voting record

Under the Federal Accord coalition agreement, 1759 the three governing parties, together holding 448 of the 801 seats, are committed to the Government's legislative program, of which this bill is a part.

Federal Assembly, 1760 AN (to be completed)
Political party Yes No Abstain/absent Total % Support
Alliance for a Just Nouvelle Alexandrie (AJNA) 260
Civic Governance Alliance (CGA) 95
Federal Consensus Party (FCP) 93
Federal Humanist Party (FHP) 293
Independent 50
Republican Party of Oportia (RPO) 10
Total 801

See also

References

  1. ^ Department of State (Nouvelle Alexandrie).
  2. ^ Foreign affairs of Nouvelle Alexandrie; Law of Graces.
  3. ^ Royal Goodwill Tour of 1760.
  4. ^ Federal Accord coalition agreement, 1759.
  5. ^ Speech from the Throne of Nouvelle Alexandrie, delivered to the 14th Cortes Federales on 12.I.1760 AN.
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