Japan

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeYes
  • Comment
  • 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?
  • CodeYes
  • Comment
  • 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?
  • CodeNo
  • 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))

  • Source
4. Is there a ban on corporate donations to candidates?
  • CodeYes
  • Comment
  • 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?
  • CodeNo
  • 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))

  • Source
6. Is there a ban on donations from Trade Unions to candidates?
  • CodeYes
  • 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?
  • CodeNo, but specific limit
  • Comment
  • 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?
  • CodeYes
  • 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))

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9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeYes
  • Comment
  • 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?
  • CodeYes
  • Comment
  • 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?
  • CodeYes
  • Comment
  • 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?
  • CodeYes
  • Comment
  • 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 donations from any other source?
  • CodeOrganisations in debt | Other
  • Comment
  • Source

    Article 22-3, "Corporations that have received the government subsidise, assessment, subsidise for interest, and other benefits shall not contribute political funds within an year after the notification of the grant of sibsidy"

    Article 22-4, "Corporations that have incurred financial deficits for over three business years shall not contribute political funds in relation to political activities until the loss is covered." (Source: Political Funds Control Act, 1948 (as amended by Act No. 135 of 2007))
14. Are there bans on state resources being used in favour or against a political party or candidate?
  • CodeYes
  • Comment
  • 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))
15. Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)?
  • CodeNo data
  • Comment
  • Source
16. Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)?
  • CodeYes, for both natural and legal persons
  • Comment
  • 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))
17. If there is a limit on the amount a donor can contribute to a political party over a time period (not election specific), 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)
  • Comment
  • 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))
18. Is there a limit on the amount a donor can contribute to a political party in relation to an election?
  • CodeYes, for both natural and legal persons
  • Comment
  • 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)
19. If there is a limit on the amount a donor can contribute to a political party in relation to an election, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
20. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeYes, for both natural and legal persons
  • Comment
  • 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))
21. 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
  • Comment
  • 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))
22. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo 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) 
23. Is there a limit on in-kind donations to political parties?
  • CodeNo data
  • Comment
  • Source
24. Is there a limit on in-kind donations to candidates?
  • CodeYes
  • Comment
  • 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)

     
25. Are there provisions regarding political parties engaging in commercial enterprises?
  • CodeNo data
  • Comment
  • Source
26. Are there restrictions regarding political parties taking loans in relation to election campaigns?
  • CodeNo data
  • Comment
  • Source
27. Are there restrictions regarding candidates taking loans in relation to election campaigns?
  • CodeNo data
  • Comment
  • Source
28. Are donors to political parties/candidates subsequently restricted from participating in public tender/public procurement processes?
  • CodeNo data
  • Comment
  • Source
29. Are there provisions requiring donations to go through the banking system?
  • CodeNo data
  • Comment
  • Source

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Question Value
30. Are there provisions for direct public funding to political parties?
  • CodeYes, regularly provided funding
  • Comment
  • 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))
31. If there are provisions for direct public funding to political parties, what are the eligibility criteria?
  • CodeRepresentation in elected body | Share of votes in previous election | Share of seats in previous election
  • Comment
  • 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))
32. If there are provisions for direct public funding to political parties, what is the allocation calculation?
  • CodeProportional to votes received | Number of members
  • Comment
  • 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))
33. If there are provisions for direct public funding to political parties, are there provisions for how it should be used ('ear marking')?
  • CodeNo
  • Comment
  • 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))
34. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment
  • Source

    Article 149 and 150(Source: Public Offices Election Act, 1950 (as amended by Act No. 35 of 2011))
35. If there are provisions for political parties free or subsidized access to media, what criteria determine access allocation?
  • CodeNumber of candidates | Other
  • Comment
  • 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))
36. Are there provisions for free or subsidized access to media for candidates?
  • CodeYes
  • Comment
  • 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))
37. Are there provisions for any other form of indirect public funding?
  • CodeTax relief | Premises for campaign meetings
  • Comment
  • Source

    Tax relief, premises for campaign meetings, production of posters 

    (Source: CESifo DICE (2014) Financing of political parties: Public funding to political parties)
38. Is the provision of direct public funding to political parties related to gender equality among candidates?
  • CodeNo data
  • Comment
  • Source
39. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment
  • Source

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Question Value
40. Is there a ban on vote buying?
  • CodeYes
  • Comment
  • 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))
41. Are there limits on the amount a political party can spend?
  • CodeNo
  • Comment
  • Source

    There is no article that puts limits on total party expenditures in the Political Fund Control Act
42. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
43. Are there limits on the amount a candidate can spend?
  • CodeYes
  • Comment
  • 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))
44. If there are limits on the amount a candidate can spend what is the limit for spending?
  • Code different from each election
  • Comment
  • 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))
45. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo data
  • Comment
  • Source
46. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo data
  • Comment
  • Source
47. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo data
  • Comment
  • Source
48. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo data
  • Comment
  • Source
49. IN PRACTICE: What proportion of total spending reported to the oversight agency in relation to the last campaign period was spent on media by the two presidential candidates gaining the most votes?

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Question Value
50. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment
  • 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))
51. Do political parties have to report on their finances in relation to election campaigns?
  • CodeYes
  • Comment
  • 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))
52. Do candidates have to report on their campaign finances?
  • CodeYes
  • Comment
  • 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))
53. Do third parties have to submit financial reports on election campaigning?
  • CodeYes
  • Comment
  • 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))
54. Do lobbying entities have to disclose information on contributions to political parties or candidates?
  • CodeNo data
  • Comment
  • Source
55. IN PRACTICE: What share of political parties required to submit financial reports in relation to the last election campaign did so?
56. IN PRACTICE: What share of candidates required to submit financial reports in relation to the last election campaign did so?
57. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment
  • 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))
58. IN PRACTICE: Have campaign finance reports submitted by political parties and/or candidates in the last election been made publicly available?
59. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeSometimes
  • Comment
  • 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))
60. Must reports from political parties and candidates include itemized income?
  • CodeYes
  • Comment
  • 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)
61. Must reports from political parties and candidates include information on itemized spending?
  • CodeYes
  • 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)

  • Source
62. What institution(s) receives financial reports from political parties and/or candidates?
  • CodeMinistry | Other
  • Comment
  • 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))
63. Is it specified that a particular institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeYes, other
  • Comment
  • 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))
64. If a particular institution(s) is responsible for examining financial reports and/or investigating breaches of political finance regulations, what powers is it/they granted?
  • CodeCarry out investigation
  • Comment
  • 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))
65. Is it specified that a particular institution(s) is responsible for overseeing compliance with existing rules against abuse of state resources?
  • CodeNo data
  • Comment
  • Source
66. If a particular institution is responsible for overseeing compliance with existing rules against abuse of state resources, what powers is it granted?
  • CodeNot applicable
  • Comment
  • Source
67. Are there provisions for conflict of interests for candidates and/or elected officials?
  • CodeNo data
  • Comment
  • Source
68. Are elected officials required to submit reports regarding their finances?
  • CodeNo data
  • Comment
  • Source
69. Is it specified that a particular institution(s) is responsible for reviewing financial reports by elected officials?
  • CodeNot applicable
  • Comment
  • Source
70. Are reporting entities required to enforce enhanced due diligence policies and procedures regarding politically exposed persons?
  • CodeNo data
  • Comment
  • Source
71. Is it specified that a particular institution(s) is responsible for investigate money laundering that relates to political parties, candidates and elected officials?
  • CodeNo
  • Comment
  • Source
72. What other institutions have a formal role in political finance oversight?
  • CodeNo data
  • Comment
  • Source
73. What sanctions are provided for political finance infractions?
  • CodeFines | Prison
  • Comment
  • 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))
74. IN PRACTICE: How many sanctions have been issued in relation to political finance regulations in the last 24 months?