Palau

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

    Foreign donations to candidates are banned

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

    (a) It shall be unlawful for a foreign national directly or through any other person to make any contribution in connection with an election to any national or state elective office, or in connection with any convention or caucus to select candidates for any national or state elective office or in support of or in opposition to any national or state ballot measure; or for any person, including any candidate, to solicit, accept, or receive any such contribution from a foreign national.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics  as revised April 2014

     

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

    BLANK

  • Source

    (a) It shall be unlawful for a foreign national directly or through any other person to make any contribution in connection with an election to any national or state elective office, or in connection with any convention or caucus to select candidates for any national or state elective office or in support of or in opposition to any national or state ballot measure; or for any person, including any candidate, to solicit, accept, or receive any such contribution from a foreign national.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics  as revised April 2014

     

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    Palau National Code lists only foreign donations as banned

  • Source

    § 607. Acceptance and use of contributions.

     

    (a) It shall be unlawful for a foreign national directly or through any other person to make any contribution in connection with an election to any national or state elective office, or in connection with any convention or caucus to select candidates for any national or state elective office or in support of or in opposition to any national or state ballot measure; or for any person, including any candidate, to solicit, accept, or receive any such contribution from a foreign national.

     

    (b) No contribution of two hundred fifty dollars ($250) or more may be made unless by check or money order, drawn on a bank located in the Republic, containing the name of the contributor and the name of the payee. No expenditure of two hundred fifty dollars ($250) or more may be made in cash.

     

    (c) No contribution may be made, directly or indirectly, by any person in a name other than the name by which the person is identified for legal purposes.

     

    (d) Unless returned to the contributor, all monetary contributions shall be deposited into a single account in a bank located in the Republic within seventy two (72) hours of their receipt, and all expenditures of two hundred fifty dollars ($250) or more shall be made by way of a check drawn on this account. The candidate shall inform the Commission of the name of the bank and the account number within five business days of establishing the account.

     

    (e) A candidate may expend contributions only for purposes reasonably related to the election of that candidate to the office sought by the candidate.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics  revised edition April 2014

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    Palau National Code lists only foreign donations as banned

  • Source

    (a) It shall be unlawful for a foreign national directly or through any other person to make any contribution in connection with an election to any national or state elective office, or in connection with any convention or caucus to select candidates for any national or state elective office or in support of or in opposition to any national or state ballot measure; or for any person, including any candidate, to solicit, accept, or receive any such contribution from a foreign national.

     

    (b) No contribution of two hundred fifty dollars ($250) or more may be made unless by check or money order, drawn on a bank located in the Republic, containing the name of the contributor and the name of the payee. No expenditure of two hundred fifty dollars ($250) or more may be made in cash.

     

    (c) No contribution may be made, directly or indirectly, by any person in a name other than the name by which the person is identified for legal purposes.

     

    (d) Unless returned to the contributor, all monetary contributions shall be deposited into a single account in a bank located in the Republic within seventy two (72) hours of their receipt, and all expenditures of two hundred fifty dollars ($250) or more shall be made by way of a check drawn on this account. The candidate shall inform the Commission of the name of the bank and the account number within five business days of establishing the account.

     

    (e) A candidate may expend contributions only for purposes reasonably related to the election of that candidate to the office sought by the candidate.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics  revised edition April 2014

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

     There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties, however there are provisions requiring that a legal name is attached to every contribution to a candidate. Reporting requirements also require publication of full name and address of all persons from whom a total contribtion of $100 or more has been received

  • Source

    (c) No contribution may be made, directly or indirectly, by any person in a name other than the name by which the person is identified for legal purposes.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics  as revised April 2014

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

    Reporting requirements also require publication of full name and address of all persons from whom a total contribtion of $100 or more has been received

  • Source

    (c) No contribution may be made, directly or indirectly, by any person in a name other than the name by which the person is identified for legal purposes.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics revised edition April 2014

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    BLANK

  • Source

    There is no  reference in relevant law to any bans on donations except from foreign sources

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    BLANK

  • Source

    There is no  reference in relevant law to any bans on donations except from foreign sources

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

    No national or state equipment, facilities, assets, property or working hours by employee may be used for political activities.

    No state broadcast facilities can be used unless equal opportunities are given to all candidates. 
  • Source

    No employee may use national or state time, equipment, facilities, assets or property for political activities or other private activities that serve no governmental or public purpose.

    Source: Article 603, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics  revised edition April 2014

     

    (a) Government broadcast facilities may be made available to candidates within the Republic, except on the day of election, pursuant to the discretion of the Election Commission. The Election Commission shall afford each candidate equal opportunity in the use of government broadcast facilities. If the Election Commission cannot provide equal opportunities to the candidates in the use of government broadcast facilities, then no candidate shall be allowed their use whatsoever. Each candidate shall advise the Election Commission not later than twenty-four (24) hours prior to his intended use of government broadcast facilities. Failure to notify the Election Commission of the proposed use of the above described facilities within the prescribed time limit may disqualify the candidate from the use of these government facilities.

    (b) No government facilities other than broadcast facilities may be made available to candidates.

    Source: Article 1546, Palau National Code, Title 23 Elections revised edition April 2014

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeNo
  • Comment

    There is a reporting threshold, but no limit, on donations to candidates

  • Source

    (a) It shall be unlawful for a foreign national directly or through any other person to make any contribution in connection with an election to any national or state elective office, or in connection with any convention or caucus to select candidates for any national or state elective office or in support of or in opposition to any national or state ballot measure; or for any person, including any candidate, to solicit, accept, or receive any such contribution from a foreign national.

     

    (b) No contribution of two hundred fifty dollars ($250) or more may be made unless by check or money order, drawn on a bank located in the Republic, containing the name of the contributor and the name of the payee. No expenditure of two hundred fifty dollars ($250) or more may be made in cash.

     

    (c) No contribution may be made, directly or indirectly, by any person in a name other than the name by which the person is identified for legal purposes.

     

    (d) Unless returned to the contributor, all monetary contributions shall be deposited into a single account in a bank located in the Republic within seventy two (72) hours of their receipt, and all expenditures of two hundred fifty dollars ($250) or more shall be made by way of a check drawn on this account. The candidate shall inform the Commission of the name of the bank and the account number within five business days of establishing the account.

     

    (e) A candidate may expend contributions only for purposes reasonably related to the election of that candidate to the office sought by the candidate.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics  revised edition April 2014

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
  • Comment

    There is a reporting threshold, but no limit, on donations to candidates

  • Source

    (a) It shall be unlawful for a foreign national directly or through any other person to make any contribution in connection with an election to any national or state elective office, or in connection with any convention or caucus to select candidates for any national or state elective office or in support of or in opposition to any national or state ballot measure; or for any person, including any candidate, to solicit, accept, or receive any such contribution from a foreign national.

     

    (b) No contribution of two hundred fifty dollars ($250) or more may be made unless by check or money order, drawn on a bank located in the Republic, containing the name of the contributor and the name of the payee. No expenditure of two hundred fifty dollars ($250) or more may be made in cash.

     

    (c) No contribution may be made, directly or indirectly, by any person in a name other than the name by which the person is identified for legal purposes.

     

    (d) Unless returned to the contributor, all monetary contributions shall be deposited into a single account in a bank located in the Republic within seventy two (72) hours of their receipt, and all expenditures of two hundred fifty dollars ($250) or more shall be made by way of a check drawn on this account. The candidate shall inform the Commission of the name of the bank and the account number within five business days of establishing the account.

     

    (e) A candidate may expend contributions only for purposes reasonably related to the election of that candidate to the office sought by the candidate.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics  revised edition April 2014

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment

    There is a reporting threshold, but no limit, for all donations to candidates

  • Source

    (a) It shall be unlawful for a foreign national directly or through any other person to make any contribution in connection with an election to any national or state elective office, or in connection with any convention or caucus to select candidates for any national or state elective office or in support of or in opposition to any national or state ballot measure; or for any person, including any candidate, to solicit, accept, or receive any such contribution from a foreign national.

     

    (b) No contribution of two hundred fifty dollars ($250) or more may be made unless by check or money order, drawn on a bank located in the Republic, containing the name of the contributor and the name of the payee. No expenditure of two hundred fifty dollars ($250) or more may be made in cash.

     

    (c) No contribution may be made, directly or indirectly, by any person in a name other than the name by which the person is identified for legal purposes.

     

    (d) Unless returned to the contributor, all monetary contributions shall be deposited into a single account in a bank located in the Republic within seventy two (72) hours of their receipt, and all expenditures of two hundred fifty dollars ($250) or more shall be made by way of a check drawn on this account. The candidate shall inform the Commission of the name of the bank and the account number within five business days of establishing the account.

     

    (e) A candidate may expend contributions only for purposes reasonably related to the election of that candidate to the office sought by the candidate.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics  revised edition April 2014

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    There is a reporting threshold, but no limit, on donations to candidates

  • Source

    (a) It shall be unlawful for a foreign national directly or through any other person to make any contribution in connection with an election to any national or state elective office, or in connection with any convention or caucus to select candidates for any national or state elective office or in support of or in opposition to any national or state ballot measure; or for any person, including any candidate, to solicit, accept, or receive any such contribution from a foreign national.

     

    (b) No contribution of two hundred fifty dollars ($250) or more may be made unless by check or money order, drawn on a bank located in the Republic, containing the name of the contributor and the name of the payee. No expenditure of two hundred fifty dollars ($250) or more may be made in cash.

     

    (c) No contribution may be made, directly or indirectly, by any person in a name other than the name by which the person is identified for legal purposes.

     

    (d) Unless returned to the contributor, all monetary contributions shall be deposited into a single account in a bank located in the Republic within seventy two (72) hours of their receipt, and all expenditures of two hundred fifty dollars ($250) or more shall be made by way of a check drawn on this account. The candidate shall inform the Commission of the name of the bank and the account number within five business days of establishing the account.

     

    (e) A candidate may expend contributions only for purposes reasonably related to the election of that candidate to the office sought by the candidate.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics  revised edition April 2014

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    There is a reporting threshold, but no limit, on loans to candidates

  • Source

    (a) It shall be unlawful for a foreign national directly or through any other person to make any contribution in connection with an election to any national or state elective office, or in connection with any convention or caucus to select candidates for any national or state elective office or in support of or in opposition to any national or state ballot measure; or for any person, including any candidate, to solicit, accept, or receive any such contribution from a foreign national.

     

    (b) No contribution of two hundred fifty dollars ($250) or more may be made unless by check or money order, drawn on a bank located in the Republic, containing the name of the contributor and the name of the payee. No expenditure of two hundred fifty dollars ($250) or more may be made in cash.

     

    (c) No contribution may be made, directly or indirectly, by any person in a name other than the name by which the person is identified for legal purposes.

     

    (d) Unless returned to the contributor, all monetary contributions shall be deposited into a single account in a bank located in the Republic within seventy two (72) hours of their receipt, and all expenditures of two hundred fifty dollars ($250) or more shall be made by way of a check drawn on this account. The candidate shall inform the Commission of the name of the bank and the account number within five business days of establishing the account.

     

    (e) A candidate may expend contributions only for purposes reasonably related to the election of that candidate to the office sought by the candidate.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics  revised edition April 2014

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

    BLANK

  • Source

    I can find no mention of any such disqualification in election, procurement or code of ethics law

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

    All donations must be deposited into a single bank account. All expenditures of $250 or more must be by cheque drawn on this accout

  • Source

    (d) Unless returned to the contributor, all monetary contributions shall be deposited into a single account in a bank located in the Republic within seventy two (72) hours of their receipt, and all expenditures of two hundred fifty dollars ($250) or more shall be made by way of a check drawn on this account. The candidate shall inform the Commission of the name of the bank and the account number within five business days of establishing the account.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics revised edition April 2014

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeNot applicable
  • Comment

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

30. What is the allocation calculation for political parties to receive public funding?
  • CodeNot applicable
  • Comment

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeNot applicable
  • Comment

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

32. Are there provisions for free or subsidized access to media for political parties?
  • CodeNo
  • Comment

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties.

    Government broadcast facilities may be made available to candidates on an equal opportunity basis.

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

     

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeNot applicable
  • Comment

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties.

    Government broadcast facilities may be made available to candidates on an equal opportunity basis.

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

34. Are there provisions for free or subsidized access to media for candidates?
  • CodeYes
  • Comment

    Government broadcast facilities may be made available to candidates on an equal opportunity basis.

  • Source

    a) Government broadcast facilities may be made available to candidates within the Republic, except on the day of election, pursuant to the discretion of the Election Commission. The Election Commission shall afford each candidate equal opportunity in the use of government broadcast facilities. If the Election Commission cannot provide equal opportunities to the candidates in the use of government broadcast facilities, then no candidate shall be allowed their use whatsoever. Each candidate shall advise the Election Commission not later than twenty-four (24) hours prior to his intended use of government broadcast facilities. Failure to notify the Election Commission of the proposed use of the above described facilities within the prescribed time limit may disqualify the candidate from the use of these government facilities.

    (b) No government facilities other than broadcast facilities may be made available to candidates.

    Source: Article 1546, Palau National Code, Title 23 Elections revised edition April 2014

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

    Broadcast facilities  are the only government facilities that may be made available to candidates

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

    (b) No government facilities other than broadcast facilities may be made available to candidates.

    Source: Article 1546, Palau National Code, Title 23 Elections revised edition April 2014

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

     

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    BLANK

  • Source

    Every person who shall, directly or indirectly, in any manner:

    (a) intimidate or threaten a voter in order to induce or compel him to vote or refrain from voting at any election, or to vote or refrain from voting for any particular person at any election; or

    (b) bribe or attempt to bribe any voter in giving his vote, or to deter him from giving it, shall be fined not more than one thousand dollars ($1,000), or imprisoned for not more than one (1) year, or both. Each intimidation, threat or bribe shall constitute a separate offense.

    Source: Article 1006, Palau National Code, Title 23 Elections revised edition April 2014

    (g) No employee or candidate may use, or promise, threaten or attempt to use, any actual or anticipated government authority to assist or obstruct any individual in obtaining any employment, nomination, confirmation, promotion, or change in compensation or employment, in exchange for the individual agreeing to vote or contribute to, or to withhold his vote for or contribution to, any candidate.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics  revised edition April 201

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

     

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

40. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot applicable
  • Comment

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    There is a limit of $250 on expenditure in any cash transaction.

    There is a reporting threshold but no limit on a candidate's campaign expenditure

  • Source

    (b) No contribution of two hundred fifty dollars ($250) or more may be made unless by check or money order, drawn on a bank located in the Republic, containing the name of the contributor and the name of the payee. No expenditure of two hundred fifty dollars ($250) or more may be made in cash.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics as revised April 2014

     

    (a) For each election at which a candidate is seeking elective office, the candidate shall file with the Commission a pre-election campaign statement which shall cover the period beginning with the date the candidate received his first contribution for the election and ending thirty (30) days before the election and shall be filed no later than twenty (20) days before the election.

    (b) Each candidate who receives from a single source contributions totaling five hundred dollars ($500) or more after the closing date of the pre-election campaign statement and before the election shall file a late contribution statement disclosing the total amount of such contributions, the name and address of the contributor, the amount of the contribution and the date of the contribution. The statement shall be delivered to the Commission for filing by personal delivery or facsimile transmission no later than forty eight (48) hours after the contribution is made. A late monetary contribution need not be reported nor shall it be deemed to be accepted if it is not cashed, negotiated and deposited and is returned within forty eight (48) hours of its receipt, and a late non-monetary contribution need not be reported and shall not be deemed to be accepted if it is not used in any way and is returned to the contributor within forty eight (48) hours of its receipt.

    (c) For each election at which a candidate is seeking elective office, the candidate shall file with the Commission a post-election campaign statement which shall cover the entire period during which the candidate received contributions in connection with that election. The post-election campaign statement shall be filed no later than one hundred twenty (120) days after the election.

    (d) Each pre-election and post-election campaign statement required by this chapter shall contain all of the following information:

    (1) The total amount of contributions received and expenditures made during the period covered by the campaign statement;

    (2) If the cumulative amount of contributions (including loans) received from a person is one hundred dollars ($100) or more, the person's name and address, and the date and amount of each contribution received from that person during the period covered by the campaign statement;

    (3) For each person to whom an expenditure of five hundred dollars ($500) or more has been made during the period covered by the campaign statement, the person's name and address, the amount of each expenditure and a brief description of the consideration for which each expenditure was made;

    (4) A verification by the candidate, executed under penalty of perjury, that he has used all reasonable diligence in the preparation of the statement and that to the best of his knowledge the statement is true and correct; and

    (5) Any other information that the Commission may reasonably deem necessary to fulfill the purposes of this chapter or to more fully inform citizens regarding the financing of campaigns in the Republic.

    (e) A monetary contribution need not be reported and shall not be deemed to be accepted if it is not cashed, negotiated or deposited and is returned to the contributor within seventy two (72) hours of its receipt, and a non-monetary contribution need not be reported and shall not be deemed to be accepted if it is not used in any way and is returned to the contributor within seventy two (72) hours of its receipt.

    (f) Any statement filed pursuant to this section may be amended at any time. Amending an incorrect or incomplete statement may be considered as evidence of good faith.

    Source: Article 606, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics as revised edition April 2014

42. If there are limits on the amount a candidate can spend, what is the limit?
  • CodeNot applicable
  • Comment

    There is a reporting threshold but no limit on a candidate's campaign expenditure

  • Source

    (a) For each election at which a candidate is seeking elective office, the candidate shall file with the Commission a pre-election campaign statement which shall cover the period beginning with the date the candidate received his first contribution for the election and ending thirty (30) days before the election and shall be filed no later than twenty (20) days before the election.

    (b) Each candidate who receives from a single source contributions totaling five hundred dollars ($500) or more after the closing date of the pre-election campaign statement and before the election shall file a late contribution statement disclosing the total amount of such contributions, the name and address of the contributor, the amount of the contribution and the date of the contribution. The statement shall be delivered to the Commission for filing by personal delivery or facsimile transmission no later than forty eight (48) hours after the contribution is made. A late monetary contribution need not be reported nor shall it be deemed to be accepted if it is not cashed, negotiated and deposited and is returned within forty eight (48) hours of its receipt, and a late non-monetary contribution need not be reported and shall not be deemed to be accepted if it is not used in any way and is returned to the contributor within forty eight (48) hours of its receipt.

    (c) For each election at which a candidate is seeking elective office, the candidate shall file with the Commission a post-election campaign statement which shall cover the entire period during which the candidate received contributions in connection with that election. The post-election campaign statement shall be filed no later than one hundred twenty (120) days after the election.

    (d) Each pre-election and post-election campaign statement required by this chapter shall contain all of the following information:

    (1) The total amount of contributions received and expenditures made during the period covered by the campaign statement;

    (2) If the cumulative amount of contributions (including loans) received from a person is one hundred dollars ($100) or more, the person's name and address, and the date and amount of each contribution received from that person during the period covered by the campaign statement;

    (3) For each person to whom an expenditure of five hundred dollars ($500) or more has been made during the period covered by the campaign statement, the person's name and address, the amount of each expenditure and a brief description of the consideration for which each expenditure was made;

    (4) A verification by the candidate, executed under penalty of perjury, that he has used all reasonable diligence in the preparation of the statement and that to the best of his knowledge the statement is true and correct; and

    (5) Any other information that the Commission may reasonably deem necessary to fulfill the purposes of this chapter or to more fully inform citizens regarding the financing of campaigns in the Republic.

    (e) A monetary contribution need not be reported and shall not be deemed to be accepted if it is not cashed, negotiated or deposited and is returned to the contributor within seventy two (72) hours of its receipt, and a non-monetary contribution need not be reported and shall not be deemed to be accepted if it is not used in any way and is returned to the contributor within seventy two (72) hours of its receipt.

    (f) Any statement filed pursuant to this section may be amended at any time. Amending an incorrect or incomplete statement may be considered as evidence of good faith.

    Source: Article 606, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics as revised edition April 2014

43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo
  • Comment
  • Source

    No mention of third parties in legal instruments found

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

    There is a reporting threshold but no limit on a candidate's campaign expenditure.

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    (b) No contribution of two hundred fifty dollars ($250) or more may be made unless by check or money order, drawn on a bank located in the Republic, containing the name of the contributor and the name of the payee. No expenditure of two hundred fifty dollars ($250) or more may be made in cash.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics as revised April 2014

     

    (a) For each election at which a candidate is seeking elective office, the candidate shall file with the Commission a pre-election campaign statement which shall cover the period beginning with the date the candidate received his first contribution for the election and ending thirty (30) days before the election and shall be filed no later than twenty (20) days before the election.

    (b) Each candidate who receives from a single source contributions totaling five hundred dollars ($500) or more after the closing date of the pre-election campaign statement and before the election shall file a late contribution statement disclosing the total amount of such contributions, the name and address of the contributor, the amount of the contribution and the date of the contribution. The statement shall be delivered to the Commission for filing by personal delivery or facsimile transmission no later than forty eight (48) hours after the contribution is made. A late monetary contribution need not be reported nor shall it be deemed to be accepted if it is not cashed, negotiated and deposited and is returned within forty eight (48) hours of its receipt, and a late non-monetary contribution need not be reported and shall not be deemed to be accepted if it is not used in any way and is returned to the contributor within forty eight (48) hours of its receipt.

    (c) For each election at which a candidate is seeking elective office, the candidate shall file with the Commission a post-election campaign statement which shall cover the entire period during which the candidate received contributions in connection with that election. The post-election campaign statement shall be filed no later than one hundred twenty (120) days after the election.

    (d) Each pre-election and post-election campaign statement required by this chapter shall contain all of the following information:

    (1) The total amount of contributions received and expenditures made during the period covered by the campaign statement;

    (2) If the cumulative amount of contributions (including loans) received from a person is one hundred dollars ($100) or more, the person's name and address, and the date and amount of each contribution received from that person during the period covered by the campaign statement;

    (3) For each person to whom an expenditure of five hundred dollars ($500) or more has been made during the period covered by the campaign statement, the person's name and address, the amount of each expenditure and a brief description of the consideration for which each expenditure was made;

    (4) A verification by the candidate, executed under penalty of perjury, that he has used all reasonable diligence in the preparation of the statement and that to the best of his knowledge the statement is true and correct; and

    (5) Any other information that the Commission may reasonably deem necessary to fulfill the purposes of this chapter or to more fully inform citizens regarding the financing of campaigns in the Republic.

    (e) A monetary contribution need not be reported and shall not be deemed to be accepted if it is not cashed, negotiated or deposited and is returned to the contributor within seventy two (72) hours of its receipt, and a non-monetary contribution need not be reported and shall not be deemed to be accepted if it is not used in any way and is returned to the contributor within seventy two (72) hours of its receipt.

    (f) Any statement filed pursuant to this section may be amended at any time. Amending an incorrect or incomplete statement may be considered as evidence of good faith.

    Source: Article 606, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics as revised edition April 2014

     

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    There is a reporting threshold but no limit on a candidate's campaign expenditure.

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    b) No contribution of two hundred fifty dollars ($250) or more may be made unless by check or money order, drawn on a bank located in the Republic, containing the name of the contributor and the name of the payee. No expenditure of two hundred fifty dollars ($250) or more may be made in cash.

    Source: Article 607, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics as revised April 2014

     

    (a) For each election at which a candidate is seeking elective office, the candidate shall file with the Commission a pre-election campaign statement which shall cover the period beginning with the date the candidate received his first contribution for the election and ending thirty (30) days before the election and shall be filed no later than twenty (20) days before the election.

    (b) Each candidate who receives from a single source contributions totaling five hundred dollars ($500) or more after the closing date of the pre-election campaign statement and before the election shall file a late contribution statement disclosing the total amount of such contributions, the name and address of the contributor, the amount of the contribution and the date of the contribution. The statement shall be delivered to the Commission for filing by personal delivery or facsimile transmission no later than forty eight (48) hours after the contribution is made. A late monetary contribution need not be reported nor shall it be deemed to be accepted if it is not cashed, negotiated and deposited and is returned within forty eight (48) hours of its receipt, and a late non-monetary contribution need not be reported and shall not be deemed to be accepted if it is not used in any way and is returned to the contributor within forty eight (48) hours of its receipt.

    (c) For each election at which a candidate is seeking elective office, the candidate shall file with the Commission a post-election campaign statement which shall cover the entire period during which the candidate received contributions in connection with that election. The post-election campaign statement shall be filed no later than one hundred twenty (120) days after the election.

    (d) Each pre-election and post-election campaign statement required by this chapter shall contain all of the following information:

    (1) The total amount of contributions received and expenditures made during the period covered by the campaign statement;

    (2) If the cumulative amount of contributions (including loans) received from a person is one hundred dollars ($100) or more, the person's name and address, and the date and amount of each contribution received from that person during the period covered by the campaign statement;

    (3) For each person to whom an expenditure of five hundred dollars ($500) or more has been made during the period covered by the campaign statement, the person's name and address, the amount of each expenditure and a brief description of the consideration for which each expenditure was made;

    (4) A verification by the candidate, executed under penalty of perjury, that he has used all reasonable diligence in the preparation of the statement and that to the best of his knowledge the statement is true and correct; and

    (5) Any other information that the Commission may reasonably deem necessary to fulfill the purposes of this chapter or to more fully inform citizens regarding the financing of campaigns in the Republic.

    (e) A monetary contribution need not be reported and shall not be deemed to be accepted if it is not cashed, negotiated or deposited and is returned to the contributor within seventy two (72) hours of its receipt, and a non-monetary contribution need not be reported and shall not be deemed to be accepted if it is not used in any way and is returned to the contributor within seventy two (72) hours of its receipt.

    (f) Any statement filed pursuant to this section may be amended at any time. Amending an incorrect or incomplete statement may be considered as evidence of good faith.

    Source: Article 606, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics as revised edition April 2014

     

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    Candidates must file both a pre election and post election financial statement for their campaign

  • Source

    (a) For each election at which a candidate is seeking elective office, the candidate shall file with the Commission a pre-election campaign statement which shall cover the period beginning with the date the candidate received his first contribution for the election and ending thirty (30) days before the election and shall be filed no later than twenty (20) days before the election.

    (b) Each candidate who receives from a single source contributions totaling five hundred dollars ($500) or more after the closing date of the pre-election campaign statement and before the election shall file a late contribution statement disclosing the total amount of such contributions, the name and address of the contributor, the amount of the contribution and the date of the contribution. The statement shall be delivered to the Commission for filing by personal delivery or facsimile transmission no later than forty eight (48) hours after the contribution is made. A late monetary contribution need not be reported nor shall it be deemed to be accepted if it is not cashed, negotiated and deposited and is returned within forty eight (48) hours of its receipt, and a late non-monetary contribution need not be reported and shall not be deemed to be accepted if it is not used in any way and is returned to the contributor within forty eight (48) hours of its receipt.

    (c) For each election at which a candidate is seeking elective office, the candidate shall file with the Commission a post-election campaign statement which shall cover the entire period during which the candidate received contributions in connection with that election. The post-election campaign statement shall be filed no later than one hundred twenty (120) days after the election.

    (d) Each pre-election and post-election campaign statement required by this chapter shall contain all of the following information:

    (1) The total amount of contributions received and expenditures made during the period covered by the campaign statement;

    (2) If the cumulative amount of contributions (including loans) received from a person is one hundred dollars ($100) or more, the person's name and address, and the date and amount of each contribution received from that person during the period covered by the campaign statement;

    (3) For each person to whom an expenditure of five hundred dollars ($500) or more has been made during the period covered by the campaign statement, the person's name and address, the amount of each expenditure and a brief description of the consideration for which each expenditure was made;

    (4) A verification by the candidate, executed under penalty of perjury, that he has used all reasonable diligence in the preparation of the statement and that to the best of his knowledge the statement is true and correct; and

    (5) Any other information that the Commission may reasonably deem necessary to fulfill the purposes of this chapter or to more fully inform citizens regarding the financing of campaigns in the Republic.

    (e) A monetary contribution need not be reported and shall not be deemed to be accepted if it is not cashed, negotiated or deposited and is returned to the contributor within seventy two (72) hours of its receipt, and a non-monetary contribution need not be reported and shall not be deemed to be accepted if it is not used in any way and is returned to the contributor within seventy two (72) hours of its receipt.

    (f) Any statement filed pursuant to this section may be amended at any time. Amending an incorrect or incomplete statement may be considered as evidence of good faith.

    Source: Article 606, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics as revised edition April 2014

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

    No mention of third parties in legal instruments found

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

    There are no political parties in Palau and no legal provisions on funding and expenditure related to political parties

    . Campaign finance reports from candidates are publicly available at the Ethics Commission

  • Source

    Every report and statement filed pursuant to this chapter is a public record open for public inspection and reproduction during regular business hours of the Commission, commencing as soon as practicable, but in any event not later than three (3) business days after the day on which it was received. No conditions shall be imposed upon persons wishing to inspect reports and statements filed under this chapter. Copies shall be provided at a charge of twenty cents ($.20) per page.

    Source: Article 613, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics revised edition April 2014

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

    Identity of each donor contributing a total of $100 or more to a candidate must be shown.

    There are no political parties in Palau and no legal provisions for funding and expenditure of politcal parties.

  • Source

    (2) If the cumulative amount of contributions (including loans) received from a person is one hundred dollars ($100) or more, the person's name and address, and the date and amount of each contribution received from that person during the period covered by the campaign statement;

    Source: Article 606, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics as revised edition April 2014

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

    Identity of each donor contributing a total of $100 or more to a candidate must be shown.

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

  • Source

    2) If the cumulative amount of contributions (including loans) received from a person is one hundred dollars ($100) or more, the person's name and address, and the date and amount of each contribution received from that person during the period covered by the campaign statement;

    Source: Article 606, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics as revised edition April 2014

     

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    Expenditure must be itemized for each person (legal/natural) on whom  $500 or more has been expended by a candidate.

    There are currently no political parties in Palau and no legal provisions on funding and expenditure in relation to political parties

     

  • Source

    (3) For each person to whom an expenditure of five hundred dollars ($500) or more has been made during the period covered by the campaign statement, the person's name and address, the amount of each expenditure and a brief description of the consideration for which each expenditure was made;

    Source: Article 606, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics as revised edition April 2014

    “There are no political parties, though no laws prevent their formation.”

    Source: Freedom House. Freedom in The World Palau Country Report 2015, https://freedomhouse.org/report/freedom-world/2015/palau accessed 3 January 2018

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

    The Ethics Commission receives financial reports from candidates and oversights the requirements of the Code of Conduct for Public Employees.

    There are no political parties in Palau and no legal provisions for the funding and expenditure of political parties

  • Source

    (a) There is established a commission to be known as the Ethics Commission. The Commission shall consist of three (3) members appointed by the President with the advice and consent of the Senate. The term of each member shall be four (4) years. Members of the Commission shall hold no other public office or public employment. The chairman of the Commission shall be elected by a majority of the Commission. Members of the Commission may be removed by the President only for good cause. Vacancies shall be filled for the remainder of any unexpired term in the same manner as the original appointment. Commission members shall be compensated at a rate of thirty five dollars ($35) for each meeting the Commission member attends.

    (b) The Commission shall adopt regulations to carry out the purposes of this chapter.

    (c) The Commission shall prescribe and supply the forms for statements and reports required by this chapter.

    (d) The Commission shall determine whether required documents have been filed and, if so, whether they comply on their face with the requirements of this chapter.

    (e) The Commission shall notify promptly all persons who have failed to file a report or statement in the form and at the time required by this chapter.

    (f) The Commission may employ staff, including legal counsel to advise and represent the Commission in actions filed by or against it, and to assist the Commission to issue advisory opinions upon the request of any person governed by this chapter as to whether the facts and circumstances of a particular case constitute or will constitute a violation of the chapter.

    (g) The Commission shall initiate, receive, and consider charges concerning alleged violations of this chapter, initiate or make investigations, and hold hearings.

    (h) The Commission may subpoena witnesses, administer oaths and take testimony relating to matters before the Commission and require the production for examination of any books or papers relative to any matter under investigation or in question before the Commission. Before the Commission may exercise any of the powers authorized herein with respect to any investigation or hearing, it shall, by a vote of a majority of its members, define the nature and scope of its inquiry.

    (i) On an affirmative vote of a majority of its members, the Commission shall have authority to bring civil actions on its own behalf, and take other actions consistent with the law to enforce the provisions of this chapter.

    (j) The members of the Commission and its staff may not take an active part in political management or in political campaigns during their term of office or employment, nor may they make contributions to political campaigns during their term of office or employment

    Source: Article 608, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics revised edition April 2014

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeEMB | Other
  • Comment

    The Election Commission has general powers to review and examine violations of election laws, including of vote buying.

    The Ethics Commission investigates financial reports from candidates and oversights the requirements of the Code of Conduct for Public Employees .

     

  • Source

    Without additional compensation, the Election Commission shall have the overall supervision and administration of the election and shall perform such duties as are prescribed by law, which shall include, but not be limited to the following:

    ….

    (e) to review and examine voting irregularities or violation of any election laws in accordance with the provisions of division 2 of this title;

    Source: Article 1202, Palau National Code, Title 23 Elections revised edition April 2014

     

    (d) The Commission shall determine whether required documents have been filed and, if so, whether they comply on their face with the requirements of this chapter.

    (e) The Commission shall notify promptly all persons who have failed to file a report or statement in the form and at the time required by this chapter.

    (f) The Commission may employ staff, including legal counsel to advise and represent the Commission in actions filed by or against it, and to assist the Commission to issue advisory opinions upon the request of any person governed by this chapter as to whether the facts and circumstances of a particular case constitute or will constitute a violation of the chapter.

    (g) The Commission shall initiate, receive, and consider charges concerning alleged violations of this chapter, initiate or make investigations, and hold hearings.

    (h) The Commission may subpoena witnesses, administer oaths and take testimony relating to matters before the Commission and require the production for examination of any books or papers relative to any matter under investigation or in question before the Commission. Before the Commission may exercise any of the powers authorized herein with respect to any investigation or hearing, it shall, by a vote of a majority of its members, define the nature and scope of its inquiry.

    Source: Article 608, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics revised edition April 2014

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeCarry out investigation | Request additional information from potential violator | Request additional information from others | Impose sanctions
  • Comment

    In relation to sanctions, the Ethics Commission may impose a penalty for failure to lodge a campaign statement on time. Other breaches found by the Ethics Cimmision  are subject to criminal or civil prosecution through the court system. Following its investigations the Ethics Commission may refer for criminal prosecution, refer for prosecution of a civil action or initiate prosecution of a civil action. Alleged cases of vote buying as investigated by the Election Commission are subject to criminal prosecution through the court system.

  • Source

    (d) The Commission shall determine whether required documents have been filed and, if so, whether they comply on their face with the requirements of this chapter.

    (e) The Commission shall notify promptly all persons who have failed to file a report or statement in the form and at the time required by this chapter.

    (f) The Commission may employ staff, including legal counsel to advise and represent the Commission in actions filed by or against it, and to assist the Commission to issue advisory opinions upon the request of any person governed by this chapter as to whether the facts and circumstances of a particular case constitute or will constitute a violation of the chapter.

    (g) The Commission shall initiate, receive, and consider charges concerning alleged violations of this chapter, initiate or make investigations, and hold hearings.

    (h) The Commission may subpoena witnesses, administer oaths and take testimony relating to matters before the Commission and require the production for examination of any books or papers relative to any matter under investigation or in question before the Commission. Before the Commission may exercise any of the powers authorized herein with respect to any investigation or hearing, it shall, by a vote of a majority of its members, define the nature and scope of its inquiry

    (i) On an affirmative vote of a majority of its members, the Commission shall have authority to bring civil actions on its own behalf, and take other actions consistent with the law to enforce the provisions of this chapter.

    Source: Article 608, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics revised edition April 2014

     

    (a) Criminal penalties. Any person who knowingly or willfully violates any provision of this chapter is guilty of a misdemeanor. In addition to other penalties provided by law, a fine of up to ten thousand dollars ($10,000) shall be imposed for each violation. For violations of the reporting requirements, a fine of up to three (3) times the amount the person failed to report properly may be imposed for conviction of each violation. Prosecution under this subsection must be commenced within four (4) years after the date on which the violation occurred, or in the case of a public official, four (4) years after the public official leaves government service. Prosecution under this section may be undertaken by the Attorney General or Special Prosecutor.

     

    (b) Civil penalties. Any person who intentionally or negligently violates any provision of this chapter shall be liable in a civil action brought by the Commission, Attorney General, the Special Prosecutor or a citizen of the Republic for an amount not more than ten thousand dollars ($10,000) or, in the case of a violation of the reporting provisions of this chapter, an amount not more than the amount or value not properly reported or ten thousand dollars ($10,000), whichever is greater. If a judgment is entered against the defendant in an action brought by a citizen of the Republic, the plaintiff shall receive fifty percent (50%) of the amount recovered, and shall be entitled to recover from the defendant his costs of litigation, including reasonable attorneys' fees. Before a citizen may bring an action pursuant to this section, the citizen must submit a written request to the Commission, Attorney General and Special Prosecutor asking that they bring a civil action and a written statement setting [forth] the specific facts upon which the citizen bases his or her allegation. If the Commission, Attorney General and Special Prosecutor fail to bring a civil action within sixty (60) days after receipt of the written request, or bring an action that is later dismissed without prejudice to the filing of another action, the citizen may thereafter bring a civil action pursuant to this section. An action under this subsection must be commenced within four (4) years after the date on which the violation occurred.

    (c) Any public official or candidate who fails to timely file any statement required by this chapter shall pay to the Commission a penalty of fifty dollars ($50) per day for each day that the disclosure is delinquent. All funds received by the Commission shall be deposited in the national treasury.

    Source: Article 611, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics revised edition April 2014

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison
  • Comment

    BLANK

  • Source

    (a) Criminal penalties. Any person who knowingly or willfully violates any provision of this chapter is guilty of a misdemeanor. In addition to other penalties provided by law, a fine of up to ten thousand dollars ($10,000) shall be imposed for each violation. For violations of the reporting requirements, a fine of up to three (3) times the amount the person failed to report properly may be imposed for conviction of each violation. Prosecution under this subsection must be commenced within four (4) years after the date on which the violation occurred, or in the case of a public official, four (4) years after the public official leaves government service. Prosecution under this section may be undertaken by the Attorney General or Special Prosecutor.

    (b) Civil penalties. Any person who intentionally or negligently violates any provision of this chapter shall be liable in a civil action brought by the Commission, Attorney General, the Special Prosecutor or a citizen of the Republic for an amount not more than ten thousand dollars ($10,000) or, in the case of a violation of the reporting provisions of this chapter, an amount not more than the amount or value not properly reported or ten thousand dollars ($10,000), whichever is greater. If a judgment is entered against the defendant in an action brought by a citizen of the Republic, the plaintiff shall receive fifty percent (50%) of the amount recovered, and shall be entitled to recover from the defendant his costs of litigation, including reasonable attorneys' fees. Before a citizen may bring an action pursuant to this section, the citizen must submit a written request to the Commission, Attorney General and Special Prosecutor asking that they bring a civil action and a written statement setting [forth] the specific facts upon which the citizen bases his or her allegation. If the Commission, Attorney General and Special Prosecutor fail to bring a civil action within sixty (60) days after receipt of the written request, or bring an action that is later dismissed without prejudice to the filing of another action, the citizen may thereafter bring a civil action pursuant to this section. An action under this subsection must be commenced within four (4) years after the date on which the violation occurred.

    (c) Any public official or candidate who fails to timely file any statement required by this chapter shall pay to the Commission a penalty of fifty dollars ($50) per day for each day that the disclosure is delinquent. All funds received by the Commission shall be deposited in the national treasury.

    Source: Article 611, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics revised edition April 2014

     

    Every person who, being a public official, shall do any illegal acts under the color of office, or wilfully neglect to perform the duties of his office as provided by law, shall be guilty of misconduct in public office, and upon conviction thereof shall be imprisoned for a period of not more than ten (10) years, or fined not more than ten thousand dollars ($10,000), or both.

    Source: Article 2301, Palau National Code, Title 17 Crimes revised edition April 2014

    Every person who shall, directly or indirectly, in any manner:

    (a) intimidate or threaten a voter in order to induce or compel him to vote or refrain from voting at any election, or to vote or refrain from voting for any particular person at any election; or

    (b) bribe or attempt to bribe any voter in giving his vote, or to deter him from giving it, shall be fined not more than one thousand dollars ($1,000), or imprisoned for not more than one (1) year, or both. Each intimidation, threat or bribe shall constitute a separate offense.

    Source: Article 1006, Palau National Code, Title 23 Elections revised edition April 2014

     

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