Political Finance Database

Japan

Japan

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 22-5 of the Political Funds Control Act prohibits political contributions from (1) foreign persons, (2) foreign entities, or (3) associations or any other organisations of which the majority of the members are foreign persons or entities, with the exception of Japanese entities that have been listed on a Japanese stock exchange consecutively for five years or more. (Source: The Anti-Bribery and Anti-Corruption Review - Edition 6 (2018) The Law Reviews. Available at https://thelawreviews.co.uk/edition/the-anti-bribery-and-anti-corruption-review-edition-6/1151855/japan)

(Source: Article 22-5 Political Funds Control Act, 1948 (as amended by Act No.135 of 2007))

2. Is there a ban on donations from foreign interests to candidates?
Code
Yes
Source

Article 22-5 of the Political Funds Control Act prohibits political contributions from (1) foreign persons, (2) foreign entities, or (3) associations or any other organisations of which the majority of the members are foreign persons or entities, with the exception of Japanese entities that have been listed on a Japanese stock exchange consecutively for five years or more. (Source: The Anti-Bribery and Anti-Corruption Review - Edition 6 (2018) The Law Reviews. Available at https://thelawreviews.co.uk/edition/the-anti-bribery-and-anti-corruption-review-edition-6/1151855/japan)

(Source: Article 22-5 Political Funds Control Act, 1948 (as amended by Act No.135 of 2007))

3. Is there a ban on corporate donations to political parties?
Code
No
Comment

Article 21-3.2 "Corporations, trade unions, employee organizations and other organizations shall not contribute to a person other than political parties and political fund organization. In addition, the upper limit of the total donation by corporations, trade unions to political parties and political fund organizations ranges from 7.5 million to 30 million yen depending on  the capital of the corporation". (Source: Political Funds Control Act, 1948 (as amended by Act No. 135 of 2007))

4. Is there a ban on corporate donations to candidates?
Code
Yes
Source

Article 21-2, "No person shall not financially contribute to political activities of a candidate (except election campaign), however contribution to political parties shall be accepted" (Source: Political Funds Control Act, 1948 (as amended by Act No. 135 of 2007))

5. Is there a ban on donations from Trade Unions to political parties?
Code
No
Comment

Art 21-3.3, "Political donations by Trade Unions are restricted to 7.5 million ten to 30 million yen depending on the number of union members ." (Source: Political Funds Control Act, 1948 (as amended by Act No. 135 of 2007))

6. Is there a ban on donations from Trade Unions to candidates?
Code
Yes
Comment

Article 21-3.2 "Corporations, trade unions, employee organizations and other organizations shall not contribute to a person other than political parties and political fund organization" (Source: Political Funds Control Act, 1948 (as amended by Act No. 135 of 2007))

Source

"Political Funds Control Act, 1948 (as amended by Act No. 135 of 2007"

7. Is there a ban on anonymous donations to political parties?
Code
Yes, above certain threshold
Source

Article 22-6., "Anonymous donations or different name from identical person are prohibited. However the restrictions is not applicable to donations collected by political parties/political fund organizations  on the street or in a meeting hall (the amount must be less than 1000 yen)" (Source: Political Funds Control Act, 1948 (as amended by Act No. 135 of 2007))

8. Is there a ban on anonymous donations to candidates?
Code
Yes
Comment

Article 22-6, "It is prohibited to make anonymous contribution in connection with elections or other political activities". (Source: Political Funds Control Act (Act No. 135, December 28, 2007))

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
Yes
Source

Article 199 "a person with government contracts shall not contribute political funds in relation to an election. (Source: Public Offices Election Act, 1950 as amended by Act No 35 of 2001) 

10. Is there a ban on donations from corporations with government contracts to candidates?
Code
Yes
Source

Article 21-3.2 "Corporations, trade unions, employee organizations and other organizations shall not contribute to a person other than political parties and political fund organization" (Source: Political Funds Control Act, 1948 (as amended by Act No. 135 of 2007))

11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
Yes
Source

22-3.2 "Companies and corporations that receive the entire or partial capital investment or donation from the state shall not contribute political donations"

(Source: Political Funds Control Act, 1948 (as amended by Act No. 69 of 2014))

12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
Yes
Source

Article 21-3.2 "Corporations, trade unions, employee organizations and other organizations shall not contribute to a person other than political parties and political fund organization" (Source: Political Funds Control Act, 1948 (as amended by Act No. 135 of 2007))

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
Yes
Source

Art 136.2 (1) In compiling the broadcast programs for domestic broadcasting, any broadcaster shall be politically impartial.(2) Public officials of the national or local government and other specified public corporations shall not participate in election campaigns by taking advantage of their positions. [description, not direct quote] (Source: Broadcast Act, 1950 (as amended by Act No.65 of 2010))

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 both natural and legal persons
Source

Article 21-3.1, "An individual shall not contribute more than 20 million yen per year to political parties and political fund organiations." 

Article 21-3.2 and 21-3.3 "And as for corporations and trade unions, the upper limit of the total contribution to political parties and political fund organizations ranges from 7.5 million to 30 million yen, which is determined based on the capital of the company or the number of members of the trade union.."

Article 21-3.4 "For the organisation except an individual, corporations, and trade unions, the upper limit of the total contribution to political parties and political fund organizations ranges from 7.5 million to 30 million yen,which is determined based on the expenditure of the organisations."

[description, not direct quote] (Source: Political Funds Control Act, 1948 (as amended by Act No. 135 of 2007))

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
Annual limit is 20 million yen (individuals); between 7,5 million yen to 30 million yen (corporations, labor unions and other organisations)
Source

Article 21-3.2 and 21-3.3 "And as for corporations and trade unions, the upper limit of the total contribution to political parties and political fund organizations ranges from 7.5 million to 30 million yen, which is determined based on the capital of the company or the number of members of the trade union.."

Article 21-3.4 "For the organisation except an individual, corporations, and trade unions, the upper limit of the total contribution to political parties and political fund organizations ranges from 7.5 million to 30 million yen,which is determined based on the expenditure of the organisations."

[description, not direct quote] (Source: Political Funds Control Act, 1948 (as amended by Act No. 135 of 2007))

16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
Yes, for both natural and legal persons
Source

Article 199 "Regarding the election for the member of the House of Representatives and the House of  Councilors, state and the election for the member of a local public organisation , a  local public organisation concerned and parties concened are prohibited to contribute to a political party in relation to a election"

 "The corporations and other corporate body receive a loan shall not contribute to a political party within an year after the notification of the grant of  loan"

(Source: Public Offices Election Act, 1950)

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
Yes, for both natural and legal persons
Source

Article 22 "The amount of individual contribution to a  candidate  other than political parties and political fund organizations may not exceed 1.5 million yen per year."

(Source: Political Funds Control Act, 1948 (as amended by Act No. 135 of 2007))

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
Limit for individual donations is 1.5 million yen per a year
Source

Article 22. "The amount of individual contribution to a person other than political parties and political fund organizations may not exceed 1.5 million yen per year." (Source: Political Funds Control Act, 1948 (as amended by Act No. 135 of 2007))

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
Code
No data
Comment

Article 194 defines the limitation of expenditure for the election campaign

(Source: Public Offices Election Act、1950) 

Source

(Source: Public Offices Election Act、1950) 

21. Is there a limit on in-kind donations to political parties?
Code
No data
22. Is there a limit on in-kind donations to candidates?
Code
Yes
Source

"in-kind donations and financial donations to candidates are restricted within 1.5 million yen per a year, and donations of food such as sandwich, bento box, alcohol, and juice is prohibited."

(Source: Koga city- Q&A for Political Funds Control Act Available at https://www.city.koga.fukuoka.jp/cityhall/work/somu/election/qa/004.php)

 

23. Is there a ban on political parties engaging in commercial activities?
Code
No data
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

Political subsidies Act which was enacted in 1994 provides guidelines on regularly public funding. However, political parties are not entitled to provision of direct public funding in relation to campaigns. [description, not direct quote] (Source: Political Subsidies Act, 1994 (as amended by Act No of 2011))

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

Art 2, 'Following political organizations are eligible for public subsidies as political parties. (1) Political organizations that have at least 5 members either in the House of Representatives or the House of Councillors.(2) Political organizations that have at least 1 member either in the House of Representatives or the House of Councillors and obtained at least 2% of votes in one of the following elections: (a) The most recent general election for the House of Representatives under the single-member constituency system or the proportional representation system, (b)Either of the last two regular elections for the House of Councillors under the local constituency system or the proportional representation system.' (Source: Political Subsidies Act, 1994 (as amended by Act No of 2011))

30. What is the allocation calculation for political parties to receive public funding?
Code
Proportional to votes received Number of members
Source

Article3 "Public funding is allocated depending on the proportion of number of the members (House of Representatives or the House of Councilors ) and the proportion of votes gained " (Source: Political Party Subsidies Act, 1994 (as amended by Act No of 2011))

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
No
Source

Article 4 "Government must respect the freedom of political activities by political parties, and shall not impose a condition on the grant of public subsidies or set a limit upon what the subsidy is spent for." (Source: Political Party Subsidies Act, 1994 (as amended by Act No of 2011))

32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
Source

Article 149 and 150(Source: Public Offices Election Act, 1950 (as amended by Act No. 35 of 2011))

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
  • Number of candidates
  • Other
Source

Article 149 (Newspaper Advertisements) the number of candidates, the type of election defines the allocation of the advertisement. For example, (1) For the election of the House of Representatives (small electoral district election), candidates are allowed to advertise in the newspaper for five times during the election campaign. The advertisement of the political parties are allocated to the maximum of 16 rows in the newspaper, depending on the number of notified candidates.  

(2)For the election of the House of Representatives (proportional representation election), the advertisement of the political parties are allocated to the maximum of 28 rows in the newspaper, depending on the number of notified candidates.  

Article150 (Political Opinion Broadcast) (1)For the election of the House of Representatives (small electoral district election and proportional representation election), the election of the House of Councilors, the election of the prefectural governor, candidates are allowed to broadcast of political views without charge. 

 [description, not direct quote] (Source: Public Offices Election Act, 1950 (as amended by Act No. 35 of 2011))

34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Source

Article 149 (Newspaper Advertisements) the number of candidates, the type of election defines the allocation of the advertisement. For example, (1) For the election of the House of Representatives (small electoral district election), candidates are allowed to advertise in the newspaper for five times during the election campaign. The advertisement of the political parties are allocated to the maximum of 16 rows in the newspaper, depending on the number of notified candidates.  

(2)For the election of the House of Representatives (proportional representation election), the advertisement of the political parties are allocated to the maximum of 28 rows in the newspaper, depending on the number of notified candidates.  

Article150 (Political Opinion Broadcast) (1)For the election of the House of Representatives (small electoral district election and proportional representation election), the election of the House of Councilors, the election of the prefectural governor, candidates are allowed to broadcast of political views without charge. 

 [description, not direct quote] (Source: Public Offices Election Act, 1950 (as amended by Act No. 35 of 2011))

35. Are there provisions for any other form of indirect public funding?
Code
Yes
Source

Tax relief, premises for campaign meetings, production of posters 

(Source: CESifo DICE (2014) Financing of political parties: Public funding to political parties)

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
No data
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

Art 221-222, Vote buying is punished by imprisonment with or without work for not more than 3 years or a fine of not more than 500,000 yen. [description, not direct quote] (Source: Public Offices Election Act, 1950 (as amended by Act No. 35 of 2011))

39. Are there limits on the amount a political party can spend?
Code
No
Source

There is no article that puts limits on total party expenditures in the Political Fund Control Act

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
Yes
Source

Article 194 " the  expenditure of  the election campaign  can not exceed the amount stipulated by ordinance."

[description, not direct quote] (Source: Public Offices Election Act, 1950 (as amended by Act No. 35 of 2011))

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
different from each election
Source

Article 196 " the  limit of the expenditure of  the election campaign shall be stipulated by Election Administration Committee immediately after a public announcement of the election date."

[description, not direct quote] (Source: Public Offices Election Act, 1950 (as amended by Act No. 35 of 2011))

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

Art 12, Political organizations must submit annual financial reports of their political activities to the prefectural electoral commission or to the Minister for Internal Affairs and Communications. [description, not direct quote] (Source: Political Funds Control Act, 1948 (as amended by Act No. 135 of 2007))

48. Do political parties have to report on their election campaign finances?
Code
Yes
Source

Article189 "A person in charge of the campaign-fund accounting are responsible to submit a report concerning to the donation, income, and expenditure of the candidate to the Election Administration Committee."

(Source: Public Offices Election Act 1950 (as amended by Act No. 8 of 2016))

49. Do candidates have to report on their election campaign finances?
Code
Yes
Source

Article189 "A person in charge of the campaign-fund accounting are responsible to submit a report concerning to the donation, income, and expenditure of the candidate to the Election Administration Committee."

(Source: Public Offices Election Act 1950 (as amended by Act No. 8 of 2016))

50. Do third parties have to report on election campaign finances?
Code
Yes
Source

Article189 "A person in charge of the campaign-fund accounting are responsible to submit a report concerning to the donation, income, and expenditure of the candidate to the Election Administration Committee."

(Source: Public Offices Election Act 1950 (as amended by Act No. 8 of 2016))

51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
Source

Article192 "the Election Administration Committee needs to make a report public once it receive it from the campaign accountant"

(Source: Public Offices Election Act 1950 (as amended by Act No. 8 of 2016))

52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Sometimes
Source

Article12"The identity of donors must be disclosed if the donation from the identical person exceeds 50,000 yen."

 (Source: Political Funds Control Act, 1948 (as amended by Act No. 69 of 2014))

53. Must reports from political parties and/or candidates include information on itemized income?
Code
Yes
Source

A Report Guidance: the report should include the itemaized income  which is composed of 6 categories 

(Source: Ministry of Internal Affairs and Communications available at http://www.soumu.go.jp/main_content/000077916.pdf)

54. Must reports from political parties and/or candidates include information on itemized spending?
Code
Yes
Comment

 A Report Guidance: the report should include the itemaized spending which is composed of 6 categories.

(Source: Ministry of Internal Affairs and Communications available at http://www.soumu.go.jp/main_content/000077916.pdf)

55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
  • Ministry
  • Other
Source

Article 20-2 "Minister of Internal Affairs and Communications and Election Administration Committee shall receive the report from political parties and they need to preserve it"

(Source: Political Funds Control Act, 1948 (as amended by Act No. 69 of 2014))

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
Other
Source

Article 19-13 "The report should be examined by Public Fund Inspector before the submission of report to the Ministry of Internal Affairs and Communications and Election Administration Committee."

(Source: Political Funds Control Act, 1948 (as amended by Act No. 69 of 2014))

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Carry out investigation
Source

Article19-3.2 "Political Fund Inspectors shall  inspect  the expenditure statement and transfer statement as well as an account books, adetailed statement, receipt and so forth. " 

19-3.3 "The Political Fund Inspectors are required to make a Political Fund Inspection Report after their respection."

(Source: Political Funds Control Act, 1948 (as amended by Act No. 69 of 2014))

58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Prison
Source

Article 23 "Political Parties which received donations or make a spending in a violation of a law face a penalty of up to 5 years imprisonment or a fine of up to 1 million yen."

(Source: Political Funds Control Act, 1948 (as amended by Act No. 69 of 2014))

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