Myanmar

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

    "Section 6

    In the application filed under Section 5, it shall be admitted that the followings shall be abided.

         (f) Abstaining from accepting and using directly or indirectly money, property, other aids from the government of any foreign country, any religious organization, any other organization or any person or, not accepting their influence"

    Source: Section 6 (f), Political Parties Registration Law, 2010

2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • Comment
  • Source

    "Section 10

    The following persons shall not be eligible to stand for election:

         (f) person who owes allegiance to a foreign government or person under the influence of a foreign government or subject of a foreign government or a citizen of a foreign country;

         (g) person who is entitled to enjoy the rights and privileges of a subject of a foreign government or a citizen of a foreign country;

         (h) person who obtains and utilizes directly or indirectly the support of money, land, housing, building, vehicle, property, etc., from government or religious organization or any other organization or any individual of a foreign country or is a member of an organization which obtains and utilizes the said aids;"

    Source: Section 10 (f) (g) (h), Hluttaws Election Law, 2010

3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • Comment
  • Source

    "Section 12

    (a) A party shall not be entitled to subsist as a political party if it is involved with any of the followings.

         (v) Being found that the organization obtained and used directly or indirectly money, land, house, building, vehicle, property owned by the State"

    Source: Section 12 (a) (v), Political Parties Registration Law, 2010

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

    "Section 10

    The following persons shall not be eligible to stand for election:

         (l) person who obtains and utilizes directly or indirectly the State-owned money, land, housing, building, vehicle, property, etc. or is a member of an organization which carries out such acts;"

    Source: Section 10 (l), Hluttaws Election Law, 2010

5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo
  • Comment
  • Source

    "Section 6

    In the application filed under Section 5, it shall be admitted that the followings shall be abided.

         (f) Abstaining from accepting and using directly or indirectly money, property, other aids from the government of any foreign country, any religious organization, any other organization or any person or, not accepting their influence

    Section 12

    (a) A party shall not be entitled to subsist as a political party if it is involved with any of the followings.

         (v) Being found that the organization obtained and used directly or indirectly money, land, house, building, vehicle, property owned by the State

    Section 15

    (a) Fund owned by the party and the accounts shall be raised, consolidated, kept in the following ways.

         (i) Party admission fees and party monthly fees collected under Section 11

         (ii) Cash or assets that are donated by individual citizen, or organization or citizenowned company or group of companies in the country, from the money and properties they legally obtained, to the party

         (iii) Money and profit that are legally obtained from the businesses owned by the party"

    Source: Section 6 (f), Section 12 (a) (v), Section 15 (a), Political Parties Registration Law, 2010

6. Is there a ban on donations from Trade Unions to candidates?
  • CodeNo
  • Comment
  • Source

    "Section 10

    The following persons shall not be eligible to stand for election:

         (f) person who owes allegiance to a foreign government or person under the influence of a foreign government or subject of a foreign government or a citizen of a foreign country;

         (g) person who is entitled to enjoy the rights and privileges of a subject of a foreign government or a citizen of a foreign country;

         (h) person who obtains and utilizes directly or indirectly the support of money, land, housing, building, vehicle, property, etc., from government or religious organization or any other organization or any individual of a foreign country or is a member of an organization which obtains and utilizes the said aids;

         (l) person who obtains and utilizes directly or indirectly the State-owned money, land, housing, building, vehicle, property, etc. or is a member of an organization which carries out such acts;"

    Source: Section 10 (f) (g) (h) (l), Hluttaws Election Law, 2010

7. Is there a ban on anonymous donations to political parties?
  • CodeNo
  • Comment
  • Source

    "Section 6

    In the application filed under Section 5, it shall be admitted that the followings shall be abided.

         (f) Abstaining from accepting and using directly or indirectly money, property, other aids from the government of any foreign country, any religious organization, any other organization or any person or, not accepting their influence

    Section 12

    (a) A party shall not be entitled to subsist as a political party if it is involved with any of the followings.

         (v) Being found that the organization obtained and used directly or indirectly money, land, house, building, vehicle, property owned by the State

    Section 15

    (a) Fund owned by the party and the accounts shall be raised, consolidated, kept in the following ways.

         (i) Party admission fees and party monthly fees collected under Section 11

         (ii) Cash or assets that are donated by individual citizen, or organization or citizenowned company or group of companies in the country, from the money and properties they legally obtained, to the party

         (iii) Money and profit that are legally obtained from the businesses owned by the party"

    Source: Section 6 (f), Section 12 (a) (v), Section 15 (a), Political Parties Registration Law, 2010

8. Is there a ban on anonymous donations to candidates?
  • CodeYes
  • Comment

    De facto ban

  • Source

    "For each contribution received by the candidate or electoral agent, the following information has to be included:

         • The name and title of the contributor;

         • The amount received or the estimated value of the contribution;

         • The date the contribution was received;"

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 3

9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeNo
  • Comment
  • Source

    "Section 15

    (a) Fund owned by the party and the accounts shall be raised, consolidated, kept in the following ways.

         (ii) Cash or assets that are donated by individual citizen, or organization or citizenowned company or group of companies in the country, from the money and properties they legally obtained, to the party"

    Source: Section 15 (a) (ii), Political Parties Registrarion Law, 2010

10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeNo
  • Comment
  • Source

    "Section 10

    The following persons shall not be eligible to stand for election:

         (l) person who obtains and utilizes directly or indirectly the State-owned money, land, housing, building, vehicle, property, etc. or is a member of an organization which carries out such acts;"

    Source: Section 10 (l), Hluttaws Election Law, 2010

11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeNo
  • Comment
  • Source

    "Section 12

    (a) A party shall not be entitled to subsist as a political party if it is involved with any of the followings.

         (v) Being found that the organization obtained and used directly or indirectly money, land, house, building, vehicle, property owned by the State"

    Source: Section 12 (a) (v), Political Parties Registration Law, 2014

12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeNo
  • Comment
  • Source

    "Section 10

    The following persons shall not be eligible to stand for election:

    (l) person who obtains and utilizes directly or indirectly the State-owned money, land, housing, building, vehicle, property, etc. or is a member of an organization which carries out such acts;"

    Source: Section 10 (l), Hluttaws Election Law, 2010

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

    "Section 12

    (a) A party shall not be entitled to subsist as a political party if it is involved with any of the
    followings.

         (v) Being found that the organization obtained and used directly or indirectly money, land, house, building, vehicle, property owned by the State"

    Source: Section 12 (a) (v), Political Parties Registration Law, 2010

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeNo
  • Comment
  • Source

    Source: Political Parties Registration Law, 2010

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?
  • CodeNot applicable
  • Comment
  • Source
16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
  • Comment
  • Source

    Source: Political Parties Registration Law, 2010

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeNo
  • Comment
  • Source

    Source: Hluttaws Election Law, 2010

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeSpecific limit for candidates
  • Comment
  • Source

    "A party is entitled to spend up to 10,000,000 MMK (ten million kyat) per candidate. However, the total campaign expenses of a candidate (including support received by the political party who has nominated the candidate + candidate’s own funds + donations) cannot exceed 10,000,000 MMK (ten million kyat)."

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 17 

    "A party may spend 10,000,000 (ten million) MMK for campaign expenditures per candidate that contests a seat in general elections or by-elections. Such campaign expenditures can be derived from money legally gained by respective candidates or from party funds legally obtained."

    Source: Democracy Reporting International, Manual on the Legal Framework for Elections in Myanmar, p. 14

21. Is there a limit on in-kind donations to political parties?
  • CodeNo
  • Comment
  • Source

    "Section 15

    (a) Fund owned by the party and the accounts shall be raised, consolidated, kept in the following ways.

         (ii) Cash or assets that are donated by individual citizen, or organization or citizenowned company or group of companies in the country, from the money and properties they legally obtained, to the party"

    Source: Section 15 (a) (ii), Political Parties Registration Law, 2010

22. Is there a limit on in-kind donations to candidates?
  • CodeYes
  • Comment
  • Source

    "Section 56

    The maximum expenses entitled to be used for the election and the number of persons or property employed for payment for the Hluttaw candidate shall be as prescribed."

    Source: Section 56, Hluttaws Election Law, 2010

23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo
  • Comment
  • Source

    "Section 15

    (a) Fund owned by the party and the accounts shall be raised, consolidated, kept in the following ways.

         (iii) Money and profit that are legally obtained from the businesses owned by the party"

    Source: Section 15 (a) (iii), Political Parties Registration Law, 2010

24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source

    Source: Political Parties Registration Law, 2010 and Hluttaws Election Law, 2010

25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source

    Source: Political Parties Registration Law, 2010 and Hluttaws Election Law, 2010

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo
  • Comment
  • Source

    Source: Presidential Directive on Tender Procedure for Procurement of Goods, Services, Rental and Sale for the Government Departments and Organizations, 2017

27. Are there provisions requiring donations to go through the banking system?
  • CodeNo
  • Comment
  • Source

    Source: Political Parties Registration Law, 2010 and Hluttaws Election Law, 2010

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeNo
  • Comment
  • Source

    Source: Political Parties Registration Law, 2010

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeNot applicable
  • Comment
  • Source
30. What is the allocation calculation for political parties to receive public funding?
  • CodeNot applicable
  • Comment
  • Source
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeNot applicable
  • Comment
  • Source
32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment
  • Source

    "According to the Union Election Commission Directive 1/2014 on Campaigning, each political party shall be granted free airtime on state media for campaign purposes. Free airtime shall be distributed by the Union Election Commission on an equal basis."

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 21

    "All parties are granted fifteen minutes of free air-time on public TV and radio. To be granted the free air time Parties must be formally requested the Union Election Commission’s and when doing so shall submit their speeches is seven days beforehand."

    Source: Democracy Reporting International, Manual on the Legal Framework for Elections in Myanmar, p. 18

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeNot applicable
  • Comment
  • Source
34. Are there provisions for free or subsidized access to media for candidates?
  • CodeNo
  • Comment
  • Source

    "According to the Union Election Commission Directive 1/2014 on Campaigning, each political party shall be granted free airtime on state media for campaign purposes. Free airtime shall be distributed by the Union Election Commission on an equal basis."

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 21

    "All parties are granted fifteen minutes of free air-time on public TV and radio. To be granted the free air time Parties must be formally requested the Union Election Commission’s and when doing so shall submit their speeches is seven days beforehand."

    Source: Democracy Reporting International, Manual on the Legal Framework for Elections in Myanmar, p. 18

35. Are there provisions for any other form of indirect public funding?
  • CodeTax relief
  • Comment
  • Source

    "Section 15

         (b) Taxes and duties to be paid on money and property obtained under the clauses of (i) and (ii) of Sub-section (a) shall be exempted. "

    Source: Section 15 (b), Political Parties Registration Law, 2010

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo
  • Comment
  • Source

    Source: Political Parties Registration Law, 2010

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment
  • Source

    Source: Political Parties Registration Law, 2010

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment
  • Source

    "Section 66

    The following are malpractices:

    (a) committing the following offences by Hluttaw candidate himself or his election agent or any person with the approval of one of them:

         (i) giving or taking bribes;

    (e) with the prompting or consent of the Hluttaw candidate or his election agent:

         (i) accepting bribe or agreeing to accept bribe by a person or in gratitude, with the intention of participating or not as a Hluttaw candidate or resigning from being a Hluttaw representative;

         (ii) agreeing to accept bribe for himself or for other person with the intention of inducing or attempting to induce a voter to vote for a particular candidate or to abstain from voting;

    (g) any other person who is not a Hluttaw candidate or an election agent of a Hluttaw candidate, without permission of such candidate with a view to electing him or abets him to be elected as a Hluttaw candidate, incur expenses or permits to incur expenses by means of convening meeting or distributes paper or documents
    or any other way."

    Source: Section 66 (a i) (e) (g), Hluttaws Election Law, 2010 

39. Are there limits on the amount a political party can spend?
  • CodeYes
  • Comment

    Per a candidate

  • Source

    "A party is entitled to spend up to 10,000,000 MMK (ten million kyat) per candidate. However, the total campaign expenses of a candidate (including support received by the political party who has nominated the candidate + candidate’s own funds + donations) cannot exceed 10,000,000 MMK (ten million kyat)."

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 17 

    "A party may spend 10,000,000 MMK (ten million kyat) for campaign expenditures per candidate that contests a seat in general elections or by-elections. Such campaign expenditures can be derived from money legally gained by respective candidates or from party funds legally obtained."

    Source: Democracy Reporting International, Manual on the Legal Framework for Elections in Myanmar, p. 14

40. If there are limits on the amount a political party can spend, what is the limit?
  • Code Not exceeding 10,000,000 MMK (ten million kyat)
  • Comment
  • Source

    "A party is entitled to spend up to 10,000,000 MMK (ten million kyat) per candidate. However, the total campaign expenses of a candidate (including support received by the political party who has nominated the candidate + candidate’s own funds + donations) cannot exceed 10,000,000 MMK (ten million kyat)."

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 17 

    "A party may spend 10,000,000 MMK (ten million kyat) for campaign expenditures per candidate that contests a seat in general elections or by-elections. Such campaign expenditures can be derived from money legally gained by respective candidates or from party funds legally obtained."

    Source: Democracy Reporting International, Manual on the Legal Framework for Elections in Myanmar, p. 14

41. Are there limits on the amount a candidate can spend?
  • CodeYes
  • Comment
  • Source

    "A party is entitled to spend up to 10,000,000 MMK (ten million kyat) per candidate. However, the total campaign expenses of a candidate (including support received by the political party who has nominated the candidate + candidate’s own funds + donations) cannot exceed 10,000,000 MMK (ten million kyat)."

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 17 

    "A party may spend 10,000,000 MMK (ten million kyat) for campaign expenditures per candidate that contests a seat in general elections or by-elections. Such campaign expenditures can be derived from money legally gained by respective candidates or from party funds legally obtained."

    Source: Democracy Reporting International, Manual on the Legal Framework for Elections in Myanmar, p. 14

42. If there are limits on the amount a candidate can spend, what is the limit?
  • Code Not exceeding 10,000,000 (ten million) MMK
  • Comment
  • Source

    "A party is entitled to spend up to 10,000,000 MMK (ten million kyat) per candidate. However, the total campaign expenses of a candidate (including support received by the political party who has nominated the candidate + candidate’s own funds + donations) cannot exceed 10,000,000 MMK (ten million kyat)."

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 17 

    "A party may spend 10,000,000 MMK (ten million kyat) for campaign expenditures per candidate that contests a seat in general elections or by-elections. Such campaign expenditures can be derived from money legally gained by respective candidates or from party funds legally obtained."

    Source: Democracy Reporting International, Manual on the Legal Framework for Elections in Myanmar, p. 14

43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeSpending limit for party/candidate includes spending by others on their behalf
  • Comment
  • Source

    "Each election agent is responsible for keeping account books, paying the election expenses, and submitting Form 20 on behalf of the candidate.

    A party is entitled to spend up to 10,000,000 MMK (ten million kyat) per candidate. However, the total campaign expenses of a candidate (including support received by the political party who has nominated the candidate + candidate’s own funds + donations) cannot exceed 10,000,000 MMK (ten million kyat)."

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 5, 17

44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
  • Source

    "A party is entitled to spend up to 10,000,000 MMK (ten million kyat) per candidate. However, the total campaign expenses of a candidate (including support received by the political party who has nominated the candidate + candidate’s own funds + donations) cannot exceed 10,000,000 MMK (ten million kyat)."

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 17 

    "A party may spend 10,000,000 MMK (ten million kyat) for campaign expenditures per candidate that contests a seat in general elections or by-elections. Such campaign expenditures can be derived from money legally gained by respective candidates or from party funds legally obtained."

    Source: Democracy Reporting International, Manual on the Legal Framework for Elections in Myanmar, p. 14

45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
  • Source

    Source: Hluttaws Election Law, 2010, International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions and Democracy Reporting International, Manual on the Legal Framework for Elections in Myanmar

46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
  • Comment
  • Source

    Source: Hluttaws Election Law, 2010, International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions and Democracy Reporting International, Manual on the Legal Framework for Elections in Myanmar

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment

    The political party is not required to submit any reports. It is only required to make the accounts ready for any request for investigation.

  • Source

    "Section 17

    A party shall perform, as prescribed, drawing its annual statement of accounts according to the financial year, making annual list of property owned by the party and obtaining confirmation in accord with the party regulations."

    Source: Section 17, Political Parties Registration Law, 2010

48. Do political parties have to report on their election campaign finances?
  • CodeNo
  • Comment

    There is no requirement for political parties to submit reports in relation to their campaign income and expenses. Only candidates are obliged to do so.

  • Source

    "Section 17

    A party shall perform, as prescribed, drawing its annual statement of accounts according to the financial year, making annual list of property owned by the party and obtaining confirmation in accord with the party regulations."

    Source: Section 17, Political Parties Registration Law, 2010

49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment
  • Source

    "Section 16

    A party during Hluttaw term:

         (b) is entitled to use the prescribed expenses for each Hluttaw candidate representing and contesting for his party in the general elections or by-elections."

    Source: Section 16 (b), Political Parties Registration Law, 2010

50. Do third parties have to report on election campaign finances?
  • CodeYes
  • Comment

    Third parties refer to the election agents.

  • Source

    "Candidates or their election agents are required to fill in Form 20 and submit the original and one copy to the Union territory Sub-commission, the relevant Self-Administered Division Sub-commission, Self-Administered Zone Sub-commission or District Subcommission. This obligation applies to all candidates, whether they get elected or not."

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 2

51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment

    Only for candidates

  • Source

    "Within two days after the submission of the candidates' election expense reports (Form 20), the relevant subcommission shall post the forms at its office, in a place visible to the public. The forms will be displayed for free. Any voter can also request a certified copy of the reports for a fee of 1,000 MMK (one thousand kyat) per page."

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 5

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
  • Comment
  • Source

    For each contribution received by the candidate or electoral agent, the following information has to be included:

         • The name and title of the contributor;

         • The amount received or the estimated value of the contribution;

         • The date the contribution was received;"

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 3

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeYes
  • Comment

    Only candidates are required to submit the reports.

  • Source

    "24. Which information should be included in parties’ account books?

         • A list of movable and immovable assets owned and purchased by the party;

         • Registration and monthly fees collected from members;

         • Donations received by Myanmar citizens who are present in the country;

         • Cash or property donated by organizations, companies, or groups of companies registered in Myanmar;

         • Materials owned and purchased by the political party;

         • Campaign expenditures for the party’s candidates;

         • Expenditures of the party, including campaign expenditures;

         • Cash or profits received from the businesses owned by the party.

    Form 20 must include a list of itemized contributions and electoral expenses, such as the cost of accommodation and travel; wages and travel allowance paid to office staff, clerks and campaign managers; publishing and printing costs; advertisement costs; costs for stationery and office materials; communication costs; costs for campaign events; rent of vehicles and any other election-related costs. In addition, in Form 20 should be annexed an affidavit made by the candidate or the election agent before a judge whose rank is not lower than the Township Judge."

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 13-15

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

    Only candidates are required to submit the reports.

  • Source

    "24. Which information should be included in parties’ account books?

         • A list of movable and immovable assets owned and purchased by the party;

         • Registration and monthly fees collected from members;

         • Donations received by Myanmar citizens who are present in the country;

         • Cash or property donated by organizations, companies, or groups of companies registered in Myanmar;

         • Materials owned and purchased by the political party;

         • Campaign expenditures for the party’s candidates;

         • Expenditures of the party, including campaign expenditures;

         • Cash or profits received from the businesses owned by the party.

    Form 20 must include a list of itemized contributions and electoral expenses, such as the cost of accommodation and travel; wages and travel allowance paid to office staff, clerks and campaign managers; publishing and printing costs; advertisement costs; costs for stationery and office materials; communication costs; costs for campaign events; rent of vehicles and any other election-related costs. In addition, in Form 20 should be annexed an affidavit made by the candidate or the election agent before a judge whose rank is not lower than the Township Judge."

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 13-15

55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB
  • Comment

    EMB = Respective sub-commissions

  • Source

    "Candidates or their election agents are required to fill in Form 20 and submit the original and one copy to the Union territory Sub-commission, the relevant Self-Administered Division Sub-commission, Self-Administered Zone Sub-commission or District Subcommission. This obligation applies to all candidates, whether they get elected or not."

    Source: International IDEA, The Republic of Union of Myanmar 2015 General Election: Campaign Finance for Candidates and Parties Frequently Asked Questions, p. 2

    "Reporting on party expenditures must be made to the State/Region Sub-Commissions within thirty days after the elections results are announced. These expenditures are to be filed in Form (20), which should be accompanied by an affidavit signed by the candidate or their agent before a judge whose rank is not lower than a Township-level judge."

    Source: Democracy Reporting International, Manual on the Legal Framework for Elections in Myanmar, p. 14

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeYes, EMB
  • Comment
  • Source

    "Section 18

    If the accounts of a party are required to be audited, the Commission may do so. The Sub-commission at different levels may also be caused to audit. In so auditing, the Commission or its Sub-commission may obtain assistance from the governmental departments and organizations."

    Source: Section 18, Political Parties Registration Law, 2010

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeCarry out investigation | Impose sanctions
  • Comment
  • Source

    "Section 12

    (b) The Commission shall cancel the registration of the party from being a political party that is involved with certain fact contained in Sub-section (a) and also disband the said party.

    Section 23

    The Commission may supervise political parties to ensure that they perform in conformity with the existing laws, bylaws, rules and procedures, notifications, orders and directives. It may assign duty to Sub-commissions of different levels to supervise on its behalf.

    Section 24

    (a) If the Commission finds that a party does not abide by certain provision of this Law, bylaws, rules and procedures, notifications, orders and directives, or certain provision of existing laws; the Commission may prescribe the time and direct such party to perform as may be necessary.

    (b) If someone makes a report to the Commission and files a complaint about the internal affairs of a party, the Commission may investigate and, if necessary, in the interest of the State prescribe the time and direct such party to the facts to be abided by.

    (c) The Commission may suspend the political party registration of such party up to three years, if the party fails to comply strictly with the directive under the Sub-section (a) or Sub-section (b).

    (d) In case of suspension of political party registration under the Sub-section (c), the said party shall suspend all the ongoing works of the party except the ones directed by the Commission, during the suspension.

    (e) In case of failure to comply with the directive till the end of the suspension period under the Sub-section (c), the Commission shall revoke the political party registration of the party, and shall also disband the party."

    Source: Section 12 (b), Sections 23-24, Political Parties Registration Law, 2010

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Deregistration of party | Loss of nomination of candidate | Suspension of political party
  • Comment
  • Source

    "Section 12

    (b) The Commission shall cancel the registration of the party from being a political party that is involved with certain fact contained in Sub-section (a) and also disband the said party.

    Section 24

    (c) The Commission may suspend the political party registration of such party up to three years, if the party fails to comply strictly with the directive under the Sub-section (a) or Sub-section (b).

    (d) In case of suspension of political party registration under the Sub-section (c), the said party shall suspend all the ongoing works of the party except the ones directed by the Commission, during the suspension.

    (e) In case of failure to comply with the directive till the end of the suspension period under the Sub-section (c), the Commission shall revoke the political party registration of the party, and shall also disband the party."

    Source: Section 12 (b), Section 24 (c) (d) (e), Political Parties Registration Law, 2010

    "Section 57

    Whoever is found guilty of violence, threat, undue influence, cheating, taking or giving of bribes to prevent a person from exercising the right of voting and the right to stand for election shall , on conviction be punishable with imprisonment for a term not exceeding one year or with fine not exceeding one hundred thousand kyats or with both.

    Section 58

    Whoever is found guilty of or abetting one of the following acts shall, on conviction, be punishable with imprisonment for a term not exceeding one year or with fine not exceeding one hundred thousand kyats or with both:

    (a) giving and taking bribes by way of money, goods, foodstuff, position or service transfer or by using any other right in order to obtain the electoral right by unlawful means or as gratitude for obtaining such right;"

    Source: Sections 57-58, Hluttaws Election Law, 2010

    "Section 88

    (c) Except for sub-article (a) and (b), when the commission declared in the gazette that the status of elected hluttaw representative is void according to Section 74 (b) or Section 75 (b), or when the commission disqualified candidate or representative following the decision of the election tribunal for failure to submit the election expenses report, or when the commission declared that an elected candidate can no longer be a hluttaw representative because he/she has been sentenced to prison for violating any existing law, shall no longer contest in the current term of the hluttaw elections of Pyithu, Amyotha or Region/State Hluttaw as candidate from the day the announcement was made."

    Source: Section 88, Hluttaws Election Law (Third Amendment), 2016

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