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Political Finance Database

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Republic of The Congo (Brazzaville)

2016

2018

Bans and limits on private income

Public funding

Regulations of spending

Reporting, oversight and sanctions

Question	Value
1. Is there a ban on donations from foreign interests to political parties?	Code Yes Source Article 34: Political parties and political groups are prohibited from receiving foreign public or private persons, enterprises, churches or religious denominations, gifts, legacies and gifts. Source Law No. 21, 2006
2. Is there a ban on donations from foreign interests to candidates?	Code No data
3. Is there a ban on corporate donations to political parties?	Code Yes Source Article 34: Political parties and political groups are prohibited from receiving foreign public or private persons, enterprises, churches or religious denominations, gifts, legacies and gifts. Source Law No. 21, 2006
4. Is there a ban on corporate donations to candidates?	Code No data
5. Is there a ban on donations from Trade Unions to political parties?	Code No
6. Is there a ban on donations from Trade Unions to candidates?	Code No data
7. Is there a ban on anonymous donations to political parties?	Code Yes Source Article 33: 'Political parties or groups may receive donations, legacies and gifts which must be declared to the Ministry of Territorial Administration, mentioning the authors, the nature and value of the donations , legacies and gifts.' Source Law No. 21, 2006
8. Is there a ban on anonymous donations to candidates?	Code No data
9. Is there a ban on donations from corporations with government contracts to political parties?	Code No
10. Is there a ban on donations from corporations with government contracts to candidates?	Code No
11. Is there a ban on donations from corporations with partial government ownership to political parties?	Code No
12. Is there a ban on donations from corporations with partial government ownership to candidates?	Code No
13. Is there a ban on the use of state resources in favour or against a political party or candidate?	Code Yes Source Article 128: Any administrative authority that has in any way participated in electoral propaganda is punishable by a fine of 100,000 CFA francs, without prejudice to the disciplinary sanctions provided by the General Statute of the Civil Service for breaches of the obligation to Reserve. Source Law of 24 November 2001 on the electoral law in the Republic of Congo
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?	Code Yes, for natural persons
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?	Code Donations, legacies and donations can not exceed a thousand times the minimum wage Source Article 33: Political parties or groups may receive donations, legacies and gifts which must be declared to the Ministry of Territorial Administration, mentioning the authors, the nature and value of the donations , legacies and gifts. Donations, legacies and donations can not exceed a thousand times the minimum wage inter-professional guaranteed, by donation per year and by natural or legal person. Source Law No. 21, 2006
16. Is there a limit on the amount a donor can contribute to a political party during an election?	Code No Source Article 33: Political parties or groups may receive donations, legacies and gifts which must be declared to the Ministry of Territorial Administration, mentioning the authors, the nature and value of the donations , legacies and gifts. Donations, legacies and donations can not exceed a thousand times the minimum wage inter-professional guaranteed, by donation per year and by natural or legal person. Source Law No. 21, 2006
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?	Code Not applicable
18. Is there a limit on the amount a donor can contribute to a candidate?	Code No data
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?	Code Not applicable
20. Is there a limit on the amount a candidate can contribute to their own election campaign?	Code No data
21. Is there a limit on in-kind donations to political parties?	Code Yes Source Article 33: Political parties or groups may receive donations, legacies and gifts which must be declared to the Ministry of Territorial Administration, mentioning the authors, the nature and value of the donations , legacies and gifts. Donations, legacies and donations can not exceed a thousand times the minimum wage inter-professional guaranteed, by donation per year and by natural or legal person. Source Law No. 21, 2006
22. Is there a limit on in-kind donations to candidates?	Code No data
23. Is there a ban on political parties engaging in commercial activities?	Code Yes Source Article 24: The patrimony of the political parties is used exclusively for the purpose of carrying out the tasks and the objectives envisaged by their statutes and their programs. Source Law No. 21, 2006
24. Is there a ban on political parties taking loans in relation to election campaigns?	Code No data
25. Is there a ban on candidates taking loans in relation to election campaigns?	Code No data
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?	Code No data
27. Are there provisions requiring donations to go through the banking system?	Code No data

Question	Value
28. Are there provisions for direct public funding to political parties?	Code Yes, regularly Source Article 28: The state subsidy is allocated proportionally: - political parties or groups represented in parliament. It is calculated according to the number of deputies or senators who belong or declare themselves attach to a beneficiary political formation or group. Each Member or Senator can only be registered for a party; - political parties or political groups not represented in parliament that have submitted candidates in more than half of the electoral constituencies and obtained at least 5% of votes cast in all constituencies; - parties or political groups not represented in Parliament, or having not obtained at least 5% of votes cast in all constituencies, but having obtained elected representatives in more than half of the county councils. Source Law No. 21, 2006
29. What are the eligibility criteria for political parties to receive public funding?	Code Representation in elected body Share of votes in previous election Share of seats in previous election Source Article 28: The state subsidy is allocated proportionally: - political parties or groups represented in parliament. It is calculated according to the number of deputies or senators who belong or declare themselves attach to a beneficiary political formation or group. Each Member or Senator can only be registered for a party; - political parties or political groups not represented in parliament that have submitted candidates in more than half of the electoral constituencies and obtained at least 5% of votes cast in all constituencies; - parties or political groups not represented in Parliament, or having not obtained at least 5% of votes cast in all constituencies, but having obtained elected representatives in more than half of the county councils. Source Law No. 21, 2006
30. What is the allocation calculation for political parties to receive public funding?	Code No data
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?	Code No
32. Are there provisions for free or subsidized access to media for political parties?	Code Yes Source Article 36: The provisions of the Law on Pluralism in Public Audiovisual are applicable to electoral propaganda. The provisions of the Freedom of Information and Communication Act are also applicable to electoral propaganda. Article 38: Election-propaganda broadcasts are those that allow a candidate or a candidate on the same list to present themselves and their main arguments. Article 39: During the election period, the propaganda of the candidates or lists of candidates is allowed on state radio and television. Article 40: The candidate or the head of the list of candidates may at any time exercise the right of reply in accordance with the provisions of the Law on Pluralism in the Public Broadcasting. Article 41: The management of the mass media is obliged to broadcast the answer without any additions or deletions as soon as possible and before the end of the election campaign. Source Law No. 21, 2006
33. What criteria determine allocation for free or subsidized access to media for political parties?	Code Equal Other Source Article 36: The provisions of the Law on Pluralism in Public Audiovisual are applicable to electoral propaganda. The provisions of the Freedom of Information and Communication Act are also applicable to electoral propaganda. Article 38: Election-propaganda broadcasts are those that allow a candidate or a candidate on the same list to present themselves and their main arguments. Article 39: During the election period, the propaganda of the candidates or lists of candidates is allowed on state radio and television. Article 40: The candidate or the head of the list of candidates may at any time exercise the right of reply in accordance with the provisions of the Law on Pluralism in the Public Broadcasting. Article 41: The management of the mass media is obliged to broadcast the answer without any additions or deletions as soon as possible and before the end of the election campaign. Source Law No. 21, 2006
34. Are there provisions for free or subsidized access to media for candidates?	Code Yes Source Article 36: The provisions of the Law on Pluralism in Public Audiovisual are applicable to electoral propaganda. The provisions of the Freedom of Information and Communication Act are also applicable to electoral propaganda. Article 38: Election-propaganda broadcasts are those that allow a candidate or a candidate on the same list to present themselves and their main arguments. Article 39: During the election period, the propaganda of the candidates or lists of candidates is allowed on state radio and television. Article 40: The candidate or the head of the list of candidates may at any time exercise the right of reply in accordance with the provisions of the Law on Pluralism in the Public Broadcasting. Article 41: The management of the mass media is obliged to broadcast the answer without any additions or deletions as soon as possible and before the end of the election campaign. Source Law No. 21, 2006
35. Are there provisions for any other form of indirect public funding?	Code No data
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?	Code No
37. Are there provisions for other financial advantages to encourage gender equality in political parties?	Code No

Question	Value
38. Is there a ban on vote buying?	Code Yes Source Article 121: Fraud, transfer of electors from one constituency to another or from one polling station to another, corruption, impediment and forcible confinement of the election may lead to its cancellation if is recognized by the Constitutional Court that these irregularities have distorted the outcome of the vote decisively for the election of candidates. It may also result in the cancellation, violence or assault at a polling station and in the immediate vicinity, the wearing of distinctive badges, the distribution of money in the polling station or in any other place, and that the spread of false news may vitiate the results on polling day. Source Law of 24 November 2001 on the electoral law in the Republic of Congo
39. Are there limits on the amount a political party can spend?	Code No
40. If there are limits on the amount a political party can spend, what is the limit?	Code Not applicable
41. Are there limits on the amount a candidate can spend?	Code No
42. If there are limits on the amount a candidate can spend, what is the limit?	Code Not applicable
43. Are there limits on the amount that third parties can spend on election campaign activities?	Code No data
44. Are there limits on traditional media advertising spending in relation to election campaigns?	Code No data
45. Are there limits on online media advertising spending in relation to election campaigns?	Code No data
46. Do any other restrictions on online media advertisement (beyond limits) exist?	Code No data

Question	Value
47. Do political parties have to report regularly on their finances?	Code Yes Source Article 33: Political parties or groups may receive donations, legacies and gifts which must be declared to the Ministry of Territorial Administration, mentioning the authors, the nature and value of the donations , legacies and gifts. Donations, legacies and donations can not exceed a thousand times the minimum wage inter-professional guaranteed, by donation per year and by natural or legal person. Source Law No. 21, 2006
48. Do political parties have to report on their election campaign finances?	Code No
49. Do candidates have to report on their election campaign finances?	Code No data
50. Do third parties have to report on election campaign finances?	Code No data
51. Is information in reports from political parties and/or candidates to be made public?	Code No
52. Must reports from political parties and/or candidates reveal the identity of donors?	Code Yes Source Article 33: Political parties or groups may receive donations, legacies and gifts which must be declared to the Ministry of Territorial Administration, mentioning the authors, the nature and value of the donations , legacies and gifts. Donations, legacies and donations can not exceed a thousand times the minimum wage inter-professional guaranteed, by donation per year and by natural or legal person. Source Law No. 21, 2006
53. Must reports from political parties and/or candidates include information on itemized income?	Code No
54. Must reports from political parties and/or candidates include information on itemized spending?	Code No
55. Which institution(s) receives financial reports from political parties and/or candidates?	Code Ministry Source Article 33: Political parties or groups may receive donations, legacies and gifts which must be declared to the Ministry of Territorial Administration, mentioning the authors, the nature and value of the donations , legacies and gifts. Donations, legacies and donations can not exceed a thousand times the minimum wage inter-professional guaranteed, by donation per year and by natural or legal person. Source Law No. 21, 2006
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?	Code No data
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?	Code No data
58. What sanctions are provided for political finance infractions?	Code Fines Prison Other Source Article133: He shall be punished by imprisonment for a term of three months to twenty-four months and a fine of 100,000 to 1,000,000 CFA francs on the premises of the polling station or in the immediate vicinity thereof, by any means whatsoever. pressure on one or more electors to influence their vote, to obtain their suffrage or to prevent their manifestation. Source Law of 24 November 2001 on the electoral law in the Republic of Congo

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Republic of The Congo (Brazzaville)

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