Political Finance Database

Tunisia

Tunisia

Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
Yes
Comment

Political parties are prohibited from accepting direct or indirect financing, cash, or in kind from a foreign source.

Source

Article 19, Decree-law of 2011-87,2011, of the organization of political parties:
Political parties are prohibited from accepting:- Direct or indirect financing, in cash or kind, issued by any foreign entity.

Article 80, organic law 2014-16, 26th May 2014, of elections and referendum:
It is prohibited to finance the campaign through foreign sources, including governments, individuals, or legal entities. Money that takes the form of a donation, gift, cash, in-kind, or advertising grant from a foreign source is considered foreign financing according to tax legislation, regardless of the nationality of the financier.

Unofficial English translation.

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

There is a ban on donations from foreign persons. It is an electoral infraction.

Source

Article 13, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: cash, in-kind, or advertising funds derived from:
-Foreign governments,
-Foreign legal entities, public or private, regardless of their activity, even if they have branches in Tunisia,
-Foreign natural persons, even if they reside in Tunisia or their source of income is Tunisian by tax legislation,
-Gifts, gifts, or grants whose source is considered foreign according to the tax legislation, regardless of the nationality of the funder.
-Financing Tunisians abroad for participants inside Tunisia,
Funding by Tunisians abroad for participants abroad is not considered foreign funding.

Article 80: it is prohibited to finance the campaign through foreign sources, including governments, individuals, or legal entities. Money that takes the form of a donation, gift, cash, in-kind, or advertising grant from a foreign source is considered foreign financing according to tax legislation, regardless of the nationality of the financier.
Funding by Tunisians abroad for candidates[40] for electoral districts abroad is not considered foreign funding.
The Authority sets financing rules, procedures, and methods that take into account the specificity of financing candidate lists for electoral districts abroad.

Article 163, organic-law 2014-16,2014, 26th May, of the elections and referendum amended by the decree 2022-55,2022, 15 September: 
Taking into account the provisions of Chapter 80 of this law, if it is proven to the Court of Accounts that the candidate, candidate list, or party has obtained funding from a foreign or unknown source for his electoral campaign, it shall rule obligating him to pay a financial fine ranging from ten to fifty times the amount of the value of the foreign or unknown funding source.
A candidate who enjoys foreign funding or whose source is unknown will lose his membership in the elected council, be punished with imprisonment for five years, and be obligatorily prohibited from running in any upcoming elections from the date of issuance of the conviction.

Unofficial English translation.

3. Is there a ban on corporate donations to political parties?
Code
Yes
Comment

Political parties are prohibited to accept help, gifts and donations from people and public or private legal entities, with the exception of financing allocated to the state budget.

Source

Article 19, Decree-law of 2011-87, 2011, of the organization of political parties:
political parties are prohibited from accepting: - direct or indirect financing, in cash or in kind, issued by any foreign entity.

Article 75, organic-law 2014-16, 2014, 26th May, of the elections and referendums: the electoral campaign and the referendum campaign shall be financed solely with self-financing and private financing in accordance with what is regulated by this law.

Unofficial English translation.

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

There is a ban against donations from legal entities.

Source

Article 10, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: cash or in-kind financing for the campaign is considered private financing, coming from natural entities only from non-participants.
Each individual can finance each participant within a limit of thirty times the minimum guaranteed wage in non-agricultural sectors according to the 48-hour system.
Private financing coming from legal entities of all types is prohibited.

Article 19, decree-law of 2011-87, of the organization of political parties: aid, donations, and gifts issued by legal entities, whether private or public, except funding included in the state budget.

Article 75, organic-law 2014-16, 26th May, of the elections and referendum: the electoral campaign and the referendum campaign shall be financed solely with self-financing and private financing in accordance with what is regulated by this law.

Unofficial English translation.

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

Political parties are prohibited from accepting help, gifts, and donations from people and public or private legal entities.

Source

Article 19, Decree-law of 2011-87, 2011, of the  organization of political parties: chapter 19 - Political parties are prohibited from accepting:
- Direct or indirect financing, in cash or kind, issued by any foreign entity.
- Direct or indirect financing from an unknown source.
- Aid, donations, and gifts issued by legal entities, whether private or public, with the exception of funding included in the state budget.
- Donations, gifts, and bequests issued by natural persons whose annual value exceeds sixty thousand (60,000) dinars for each donor.

Article 75 (new), organic-law 2014-16, 26th May, of the elections and referendum - Amended under Decree No. 55 of 2022 dated September 15, 2022:
the electoral campaign and the referendum campaign shall be financed exclusively through self-financing and private financing in accordance with what is regulated by this law.

Unofficial English translation.

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

There is a ban against donations from legal entities.

Source

Article 10, the resolution of the high independent instance of elections,2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign:
- It is prohibited to finance the campaign with funds that come from:
- Foreign sources, 
- Anonymous sources,
- A legal entity, public or private, whether its activity has a commercial nature or aims to achieve a non-profit interest,
- From money laundering in accordance with the legislation in force and a final criminal ruling was issued against it.
All disguised campaign financing is prohibited.

Unofficial English translation.

7. Is there a ban on anonymous donations to political parties?
Code
Yes
Comment

Political parties are prohibited from accepting direct or indirect funding from an unknown source.

Source

Article 19, Decree-law of 2011-87, 2011, of the  organization of political parties: chapter 19 - Political parties are prohibited from accepting:
- Direct or indirect financing, in cash or kind, issued by any foreign entity.
- Direct or indirect financing from an unknown source.
- Aid, donations, and gifts issued by legal entities, whether private or public, with the exception of funding included in the state budget.
- Donations, gifts, and bequests issued by natural persons whose annual value exceeds sixty thousand (60,000) dinars for each donor.

Unofficial English translation.

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

It is prohibited to accept donations from anonymous sources.

Source

Article 11, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign:
- It is prohibited to finance the campaign with funds that come from̶:
- Foreign sources;
- Anonymous sources;
- A legal entity, public or private, whether its activity has a commercial nature or aims to achieve a non-profit interest,
- From money laundering in accordance with the legislation in force and a final criminal ruling was issued against it.
All disguised campaign financing is prohibited.

Unofficial English translation.

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

There is a ban from legal persons and public financing is prohibited since 2022.

Source

Article 10, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods for financing electoral campaign: cash or in-kind financing of the campaign is considered private financing, coming only from natural individuals and non-participants.
Each individual can finance each participant within a limit of thirty times the minimum guaranteed wage in non-agricultural sectors according to the 48-hour system.
Private financing coming from legal entities of all types is prohibited.

Unofficial English translation.

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

There is a ban against donations from legal private or public entities.

Source

Article 19, Decree-law of 2011-87, 2011, of the  organization of political parties: chapter 19 - Political parties are prohibited from accepting:
- Direct or indirect financing, in cash or kind, issued by any foreign entity.
- Direct or indirect financing from an unknown source.
- Aid, donations, and gifts issued by legal entities, whether private or public, with the exception of funding included in the state budget.
- Donations, gifts, and bequests issued by natural persons whose annual value exceeds sixty thousand (60,000) dinars for each donor.

Unofficial English translation.

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

There is a ban against donations from legal private or public entities.

Source

Article 19, Decree-law of 2011-87, 2011, of the  organization of political parties: chapter 19 - Political parties are prohibited from accepting:
- Direct or indirect financing, in cash or kind, issued by any foreign entity.
- Direct or indirect financing from an unknown source.
- Aid, donations, and gifts issued by legal entities, whether private or public, with the exception of funding included in the state budget.
- Donations, gifts, and bequests issued by natural persons whose annual value exceeds sixty thousand (60,000) dinars for each donor.

Unofficial English translation.

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

There is a ban against donations from legal private or public entities.

Source

Article 10, the resolution of the high independent instance of elections,2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign:
- It is prohibited to finance the campaign with funds that come from:
- Foreign sources, 
- Anonymous sources,
- A legal entity, public or private, whether its activity has a commercial nature or aims to achieve a non-profit interest,
- From money laundering in accordance with the legislation in force and a final criminal ruling was issued against it.
All disguised campaign financing is prohibited.

Unofficial English translation.

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

Political parties are prohibited from accepting gifts, donations, and bequests in kind, as well as, gratuitous services free of charge from public or private entities.

Source

Article 20, Decree-law of 2011-87, 2011, of the organization of political parties: the provisions of Chapter 19 apply to donations, gifts, and bequests in kind, as well as to free services.

Article 19, Decree-law of 2011-87, 2011, of the  organization of political parties: chapter 19 - Political parties are prohibited from accepting:
- Direct or indirect financing, in cash or kind, issued by any foreign entity.
- Direct or indirect financing from an unknown source.
- Aid, donations, and gifts issued by legal entities, whether private or public, with the exception of funding included in the state budget.
- Donations, gifts, and bequests issued by natural persons whose annual value exceeds sixty thousand (60,000) dinars for each donor.

Unofficial English translation.

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
Code
Yes, for natural persons
Comment

Political parties are prohibited from accepting donations, gifts, and bequests from individuals of an annual amount that exceeds sixty thousand (60,000) dinars per donor.

Source

Article 17, Decree-law of 2011-87, 2011, of the organization of political parties. 
Political party resources consist of:

- Member subscriptions of various types, provided that the value of one subscription per year does not exceed one thousand two hundred (1200) dinars. When the subscription amount exceeds two hundred and forty dinars (240), it is paid by bank or postal check or postal order.

- Aid, donations, gifts and bequests within the limits of the conditions stipulated in Chapter 19 of this decree.

- Revenues generated from the political party’s property and activities.

- Loans, provided that the list of pledges with all loan institutions stipulated in Law No. 65 of 2001 dated July 10, 2001, relating to loan institutions does not exceed the amount of two hundred thousand (200,000) dinars.

Article 19, Decree-law of 2011-87, 2011, of the  organization of political parties: chapter 19 - Political parties are prohibited from accepting:
- Direct or indirect financing, in cash or kind, issued by any foreign entity.
- Direct or indirect financing from an unknown source.
- Aid, donations, and gifts issued by legal entities, whether private or public, with the exception of funding included in the state budget.
- Donations, gifts, and bequests issued by natural persons whose annual value exceeds sixty thousand (60,000) dinars for each donor.

Unofficial English translation.

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
Code
Other
Comment

Political parties are prohibited from accepting donations, gifts, and bequests from individuals the annual amount of which exceeds sixty thousand thousand (60,000) dinars per donor. Different types of membership fees provided that the value of a single contribution does not exceed one thousand two hundred (1200) dinars per year. The contribution exceeds two hundred and forty (240) dinars shall be paid by bank or postal cheque or by postal order.

Source

Article 17, Decree-law of 2011-87, 2011, of the organization of political parties. 
Political party resources consist of:

- Member subscriptions of various types, provided that the value of one subscription per year does not exceed one thousand two hundred (1200) dinars. When the subscription amount exceeds two hundred and forty dinars (240), it is paid by bank or postal check or postal order.

- Aid, donations, gifts and bequests within the limits of the conditions stipulated in Chapter 19 of this decree.

- Revenues generated from the political party’s property and activities.

- Loans, provided that the list of pledges with all loan institutions stipulated in Law No. 65 of 2001 dated July 10, 2001, relating to loan institutions does not exceed the amount of two hundred thousand (200,000) dinars.

Article 19, Decree-law of 2011-87, 2011, of the  organization of political parties: chapter 19 - Political parties are prohibited from accepting:
- Direct or indirect financing, in cash or kind, issued by any foreign entity.
- Direct or indirect financing from an unknown source.
- Aid, donations, and gifts issued by legal entities, whether private or public, with the exception of funding included in the state budget.
- Donations, gifts, and bequests issued by natural persons whose annual value exceeds sixty thousand (60,000) dinars for each donor.

Unofficial English translation.

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

One individual can finance each participant in the presidential election within a limit of thirty times the minimum guaranteed wage in non-agricultural sectors according to the twenty-four-hour system, while twenty times in the legislative election.

Source

Article 10, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: cash or in-kind financing of the campaign is considered private financing, coming only from natural individuals and non-participants.
Each individual can finance each participant within a limit of thirty times the minimum guaranteed wage in non-agricultural sectors according to the 48-hour system.
Private financing coming from legal entities of all types is prohibited.

Article 77, organic-law 2014-16, 2014, 26th may, of the elections and referendum: the electoral campaign and the referendum campaign shall be financed solely with self-financing and private financing in accordance with what is regulated by this law.

Unofficial English translation.

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
Code
Other
Comment

One individual can finance each participant in the presidential election within a limit of thirty times the minimum guaranteed wage in non-agricultural sectors according to the twenty-four-hour system, while twenty times in the legislative election.

Source

Article 10, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: cash or in-kind financing of the campaign is considered private financing, coming only from natural individuals and non-participants.
Each individual can finance each participant within a limit of thirty times the minimum guaranteed wage in non-agricultural sectors according to the 48-hour system.
Private financing coming from legal entities of all types is prohibited.

Article 77, organic-law 2014-16, 2014, 26th may, of the elections and referendum: the electoral campaign and the referendum campaign shall be financed solely with self-financing and private financing in accordance with what is regulated by this law.

Unofficial English translation.

18. Is there a limit on the amount a donor can contribute to a candidate?
Code
Yes, for natural persons
Comment

One individual can finance each participant in the presidential election within a limit of thirty times the minimum guaranteed wage in non-agricultural sectors according to the twenty-four-hour system, while twenty times in the legislative election.

Source

Article 10, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: cash or in-kind financing of the campaign is considered private financing, coming only from natural individuals and non-participants.
Each individual can finance each participant within a limit of thirty times the minimum guaranteed wage in non-agricultural sectors according to the 48-hour system.
Private financing coming from legal entities of all types is prohibited.

Article 77, organic-law 2014-16, 2014, 26th may, of the elections and referendum: the electoral campaign and the referendum campaign shall be financed solely with self-financing and private financing in accordance with what is regulated by this law.

Unofficial English translation.

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
Other
Comment

One individual can finance each participant in the presidential election within a limit of thirty times the minimum guaranteed wage in non-agricultural sectors according to the twenty-four-hour system, while twenty times in the legislative election.

Source

Article 10, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: cash or in-kind financing of the campaign is considered private financing, coming only from natural individuals and non-participants.
Each individual can finance each participant within a limit of thirty times the minimum guaranteed wage in non-agricultural sectors according to the 48-hour system.
Private financing coming from legal entities of all types is prohibited.

Article 77, organic-law 2014-16, 2014, 26th may, of the elections and referendum: the electoral campaign and the referendum campaign shall be financed solely with self-financing and private financing in accordance with what is regulated by this law.

Unofficial English translation.

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
Code
Yes, specific limit for candidates
Comment

There is no public financing but only self-financing and private funding from natural persons are allowed. The candidate shall deposit with the public treasury an amount of 10 thousand dinars.

Source

Article 42, organic-law, 2014-16, 26th May, of the elections and referendums: the candidate shall provide the Tunisian public treasury with a financial guarantee of ten thousand dinars, which will not be returned unless he obtains at least three percent of the declared number of votes.

Unofficial English translation.

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

Donations must be from natural person and their value must not exceed 60.000 dinars.

Source

Article 19, Decree-law of 2011-87, 2011, of the  organization of political parties: chapter 19 - Political parties are prohibited from accepting:
- Direct or indirect financing, in cash or kind, issued by any foreign entity.
- Direct or indirect financing from an unknown source.
- Aid, donations, and gifts issued by legal entities, whether private or public, with the exception of funding included in the state budget.
- Donations, gifts, and bequests issued by natural persons whose annual value exceeds sixty thousand (60,000) dinars for each donor.

Unofficial English translation.

22. Is there a limit on in-kind donations to candidates?
Code
Yes
Comment

The value of the in-kind financing is deducted from the participant’s financial account within income and expenses, and its value is estimated by referring to the prices in effect in the market when it is received and taking into account consumption in accordance with the applicable accounting rules and is counted within the electoral ceiling.

Source

Article 7, the resolution of the high independent instance: the campaign is financed exclusively from sources derived from self-financing and private financing.  Financing can be in cash or in-kind.
The value of the in-kind financing is deducted from the participant’s financial account within income and expenses. Its value is estimated by reference to the prices in force in the market when it is received and by taking into account consumption in accordance with the applicable accounting rules, and is counted within the electoral spending ceiling.

Article 17, 2022, 1 July 2022, The rules, procedures, and methods to finance the referendum campaign: each participant shall provide the Authority with the unique bank account identifier and the identity of the agent, in accordance with the publication prepared by the Authority for this purpose, within a maximum period of 48 hours from the publication of this decision.

Unofficial English translation.

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

There is no prohibition for commercial activities considering the provisions of article 17 mentioning that the resources of political parties can be the income from their assets and its activities.

Source

Article 17, Decree-law of 2011-87, 2011, of the organization of political parties. 
Political party resources consist of:
- Member subscriptions of various types, provided that the value of one subscription per year does not exceed one thousand two hundred (1200) dinars. When the subscription amount exceeds two hundred and forty dinars (240), it is paid by bank or postal check or postal order.
- Aid, donations, gifts and bequests within the limits of the conditions stipulated in Chapter 19 of this decree.
- Revenues generated from the political party’s property and activities.
- Loans, provided that the list of pledges with all loan institutions stipulated in Law No. 65 of 2001 dated July 10, 2001, relating to loan institutions does not exceed the amount of two hundred thousand (200,000) dinars.

Unofficial English translation.

24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
Comment

Loans are accepted provided that existing commitments with all credit institutions as defined by law no. 2001-65 of 10 July 2001, do not exceed two hundred thousand (200,000) dinars.

Source

Article 17, Decree-law of 2011-87, 2011, of the organization of political parties. 
Political party resources consist of:
- Member subscriptions of various types, provided that the value of one subscription per year does not exceed one thousand two hundred (1200) dinars. When the subscription amount exceeds two hundred and forty dinars (240), it is paid by bank or postal check or postal order.
- Aid, donations, gifts and bequests within the limits of the conditions stipulated in Chapter 19 of this decree.
- Revenues generated from the political party’s property and activities.
- Loans, provided that the list of pledges with all loan institutions stipulated in Law No. 65 of 2001 dated July 10, 2001, relating to loan institutions does not exceed the amount of two hundred thousand (200,000) dinars.

Unofficial English translation.

25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
Comment

Self-financing can include loans from banks.

Source

Article 9, the resolution of the high independent instance: self-financing includes funds generated by the participant, whether they come from wages, professional income, personal funds, savings, or other things, in-kind contributions, and bank loans.

Article 17, Decree-law of 2011-87, 2011, of the organization of political parties. 
Political party resources consist of:
- Member subscriptions of various types, provided that the value of one subscription per year does not exceed one thousand two hundred (1200) dinars. When the subscription amount exceeds two hundred and forty dinars (240), it is paid by bank or postal check or postal order.
- Aid, donations, gifts and bequests within the limits of the conditions stipulated in Chapter 19 of this decree.
- Revenues generated from the political party’s property and activities.
- Loans, provided that the list of pledges with all loan institutions stipulated in Law No. 65 of 2001 dated July 10, 2001, relating to loan institutions does not exceed the amount of two hundred thousand (200,000) dinars.

Unofficial English translation.

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No
Comment

The provisions do not regulate clearly this aspect. Importantly, one provision says that every applicant shall confirm not to have made donations to alter the process. 

Source

Decree No. 2014-1039 of March 13, 2014, regulating public procurement: 
Art. 56 – The public procurement offer must be accompanied by the following documents:
[...] a declaration on honor presented by the tenderers specifying their commitment not to have made and not to make, by themselves or through an intermediary, any promises, donations, or presents with a view to influencing the different procedures for concluding a contract and the stages of its execution.

Unofficial English translation.

27. Are there provisions requiring donations to go through the banking system?
Code
Yes
Comment

Contributions, the amount of which exceeds two hundred and forty (240) dinars shall be paid by bank or by postal order and, therefore, political parties must have bank accounts.

Source

Article 17, Decree-law of 2011-87,2011, of the organization of political parties.
Political party resources consist of:

- Member subscriptions of various types, provided that the value of one subscription per year does not exceed one thousand two hundred (1200) dinars. When the subscription amount exceeds two hundred and forty dinars (240), it is paid by bank or postal check or postal order.

- Aid, donations, gifts and bequests within the limits of the conditions stipulated in Chapter 19 of this decree.

- Revenues generated from the political party’s property and activities.

- Loans, provided that the list of pledges with all loan institutions stipulated in Law No. 65 of 2001 dated July 10, 2001, relating to loan institutions does not exceed the amount of two hundred thousand (200,000) dinars", Article 19,decree-law of 2011-87,2011, of the organization of political parties:" Direct or indirect financing, in cash or in-kind, issued by any foreign entity.

- Direct or indirect financing from an unknown source.

- Aid, donations, and gifts issued by legal entities, whether private or public, with the exception of funding included in the state budget.

- Donations, gifts, and bequests issued by natural persons whose annual value exceeds sixty thousand (60,000) dinars for each donor.

Unofficial English translation.

Question Value
28. Are there provisions for direct public funding to political parties?
Code
No public funding available
Comment

Public financing during an electoral campaign is prohibited.

Source

Article 75, organic-law, 2014-16, 26th May 2014 of the elections and referendum. 
The electoral campaign and the referendum campaign shall be financed solely with self-financing and private financing in accordance with what is regulated by this law.

Article 76, organic-law,2014-16,2014, 26th May 2014 of the elections and referendum.
Any financing in cash or in-kind for the campaign with the personal resources of the candidate list, candidate, or party for its candidate lists or the referendum is considered self-financing.

Article 77 organic-law, 2014-16, 26th May 2014 of the elections and referendums. 
Any funding in cash or in kind whose source comes from someone other than the candidate list, candidate, or party is considered private funding.
The campaign for each candidate list, candidate, or party can be financed exclusively by natural entities, at a calculation of twenty times the minimum guaranteed wage in the non-agricultural sectors per individual for the legislative elections and thirty times for the presidential elections and referendum, for each candidate list, candidate or party.

Article 1, Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022: the campaign for the elections of members of the House of People’s Representatives for the year 2022 will be financed exclusively through self-financing and private financing, in accordance with the provisions of Chapter 75 of Basic Law No. 16 of 2014 dated May 26, 2014, referred to above.

Unofficial English translation.

29. What are the eligibility criteria for political parties to receive public funding?
Code
Not applicable
Comment

No public funding available.

30. What is the allocation calculation for political parties to receive public funding?
Code
Not applicable
Comment

No public funding available.

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
Not applicable
Comment

No public funding available.

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

Political parties are allowed to go to the free public media.

Source

Resolution No. 18 of 2018 dated February 20, 2018, relating to setting the rules and conditions that the media must adhere to during the electoral campaign and the referendum campaign, as was revised and completed by Resolution No. 31 of 2022 dated November 18, 2022, Article 65, organic-law,2014-16,2014, 26th May 2014 of the elections and referendums: the Independent High Authority for Audiovisual Communication guarantees the right to access audiovisual means of communication for all political groups during the pre-election campaign or pre-referendum campaign phase based on pluralism.

The Independent High Commission for Audiovisual Communication also guarantees the pluralism and diversity of audiovisual media during the electoral campaign and removes obstacles that conflict with the principle of access to audiovisual means of communication, based on fairness between all candidates, candidate lists, or parties.

Article 66 organic-law,2014-16,2014, 26th May 2014 of the elections and referendums: candidates, candidate lists, and parties for the referendum, within the scope of the electoral campaign or referendum campaign, may use the national media and electronic media. They are prohibited from using foreign media.

Exceptionally, during the electoral campaign for legislative elections, candidates for electoral districts abroad are permitted to use foreign media, subject to the principles of the electoral campaign and the rules governing it.

The Authority, in consultation with the Independent High Authority for Audiovisual Communication, is responsible for setting the rules regarding the use of foreign audiovisual means of communication by candidates for electoral districts abroad.

Unofficial English translation.

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
Equal
Source

Resolution No. 18 of 2018 dated February 20, 2018,
relating to setting the rules and conditions that the media 
must adhere to during the electoral campaign and 
the referendum campaign, as was revised and completed 
by Resolution No. 31 of 2022 dated November 18, 2022, Article 65, organic-law,2014-16,2014, 26th May 2014 of the elections and referendums: the Independent High Authority for Audiovisual Communication guarantees the right to access audiovisual means of communication for all political groups during the pre-election campaign or pre-referendum campaign phase based on pluralism.

The Independent High Commission for Audiovisual Communication also guarantees the pluralism and diversity of audiovisual media during the electoral campaign and removes obstacles that conflict with the principle of access to audiovisual means of communication, based on fairness between all candidates, candidate lists, or parties.

Article 66 organic-law,2014-16,2014, 26th May 2014 of the elections and referendums: candidates, candidate lists, and parties for the referendum, within the scope of the electoral campaign or referendum campaign, may use the national media and electronic media. They are prohibited from using foreign media.

Exceptionally, during the electoral campaign for legislative elections, candidates for electoral districts abroad are permitted to use foreign media, subject to the principles of the electoral campaign and the rules governing it.

The Authority, in consultation with the Independent High Authority for Audiovisual Communication, is responsible for setting the rules regarding the use of foreign audiovisual means of communication by candidates for electoral districts abroad.

Unofficial English translation.

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

Resolution No. 18 of 2018 dated February 20, 2018,
relating to setting the rules and conditions that the media 
must adhere to during the electoral campaign and 
the referendum campaign, as was revised and completed 
by Resolution No. 31 of 2022 dated November 18, 2022, Article 65, organic-law,2014-16,2014, 26th May 2014 of the elections and referendums: the Independent High Authority for Audiovisual Communication guarantees the right to access audiovisual means of communication for all political groups during the pre-election campaign or pre-referendum campaign phase based on pluralism.

The Independent High Commission for Audiovisual Communication also guarantees the pluralism and diversity of audiovisual media during the electoral campaign and removes obstacles that conflict with the principle of access to audiovisual means of communication, based on fairness between all candidates, candidate lists, or parties.

Article 66 organic-law,2014-16,2014, 26th May 2014 of the elections and referendums: candidates, candidate lists, and parties for the referendum, within the scope of the electoral campaign or referendum campaign, may use the national media and electronic media. They are prohibited from using foreign media.

Exceptionally, during the electoral campaign for legislative elections, candidates for electoral districts abroad are permitted to use foreign media, subject to the principles of the electoral campaign and the rules governing it.

The Authority, in consultation with the Independent High Authority for Audiovisual Communication, is responsible for setting the rules regarding the use of foreign audiovisual means of communication by candidates for electoral districts abroad.

Unofficial English translation.

35. Are there provisions for any other form of indirect public funding?
Code
No
Comment

No public funding available.

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

Recent electoral changes have removed gender quotas for women candidates.

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
Code
No
Question Value
38. Is there a ban on vote buying?
Code
Yes
Comment

Vote buying is prohibited.

Source

Article 3, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: the financing of the referendum campaign is subject to the basic principles stipulated in the Constitution, the relevant international agreements ratified by the Tunisian state, the electoral law, and the regulations related to the campaign spending ceiling and the procedures and conditions stipulated in this decision, and the relevant public authorities ensure compliance with them.

Article 161, organic-law, 2014-16, 26th May, of the elections and referendums: the following shall be punished by imprisonment from two to five years and a fine of two thousand to five thousand dinars:
Any person who intentionally obstructs any voter to prevent him from exercising his electoral right.
Anyone who leaked voting papers outside the polling station.
Any person who has been proven to have provided cash or in-kind gifts with the intention of influencing the voter, or used the same means to induce the voter to abstain from voting, whether before, during, or after the vote. In this case, the court must rule that the candidate loses his membership in the Assembly of People’s Representatives and deprive him of the right to run for life. It also stipulates that the voter beneficiary of gifts shall be deprived of his right to vote for a full period of ten years starting from the issuance of the final conviction ruling.

Unofficial English translation.

39. Are there limits on the amount a political party can spend?
Code
Yes
Comment

The overall spending ceiling for the stated campaign is equal to the sum of self-financing and private financing in cash and in kind and the overall expenditure ceiling is calculated based on the number of voters registered in the electoral district considered and it can be increased according to the density of the population and this ceiling is multiplied by three abroad. 

Source

Article 1: Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022.:
The campaign for the elections of members of the House of People’s Representatives for the year 2022 will be financed exclusively through self-financing and private financing, in accordance with the provisions of Chapter 75 of Basic Law No. 16 of 2014 dated May 26, referred to above.

Article 3, Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022:
- The total spending ceiling specified for each candidate whose candidacy has been accepted for the 2022 elections for members of the Assembly of People’s Representatives is calculated based on the number of registered voters in the relevant electoral district.

Unofficial English translation.

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

The overall expenditure ceiling is calculated based on the number of voters registered in the electoral district considered.

Source

Article 1: Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022.:
The campaign for the elections of members of the House of People’s Representatives for the year 2022 will be financed exclusively through self-financing and private financing, in accordance with the provisions of Chapter 75 of Basic Law No. 16 of 2014 dated May 26, referred to above.

Article 3, Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022:
- The total spending ceiling specified for each candidate whose candidacy has been accepted for the 2022 elections for members of the Assembly of People’s Representatives is calculated based on the number of registered voters in the relevant electoral district.

Unofficial English translation.

41. Are there limits on the amount a candidate can spend?
Code
Yes
Comment

The overall expenditure ceiling is calculated based on the number of voters registered in the electoral district considered.

Source

Article 1: Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022.:
The campaign for the elections of members of the House of People’s Representatives for the year 2022 will be financed exclusively through self-financing and private financing, in accordance with the provisions of Chapter 75 of Basic Law No. 16 of 2014 dated May 26, referred to above.

Article 3, Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022:
- The total spending ceiling specified for each candidate whose candidacy has been accepted for the 2022 elections for members of the Assembly of People’s Representatives is calculated based on the number of registered voters in the relevant electoral district.

Unofficial English translation.

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
Other
Comment

The overall expenditure ceiling is calculated based on the number of voters registered in the electoral district considered.

Source

Article 1: Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022.:
The campaign for the elections of members of the House of People’s Representatives for the year 2022 will be financed exclusively through self-financing and private financing, in accordance with the provisions of Chapter 75 of Basic Law No. 16 of 2014 dated May 26, referred to above.

Article 3, Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022:
- The total spending ceiling specified for each candidate whose candidacy has been accepted for the 2022 elections for members of the Assembly of People’s Representatives is calculated based on the number of registered voters in the relevant electoral district.

Unofficial English translation.

43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
No
Comment

Although third parties are mentioned in the legislation, they are not clearly regulated.

Source

Organic Law No. 2014-16 of May 26, 2014 relating to elections and referendums.

44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
Yes, for candidates Yes, for third parties Yes, for political parties
Comment

It is a limit for candidates, parties, and third persons. These limits are equality, respect for human rights, and freedom for parties or candidates, they must be national and international for the constituency outside Tunisia.

Source

Article 1: Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022.:
The campaign for the elections of members of the House of People’s Representatives for the year 2022 will be financed exclusively through self-financing and private financing, in accordance with the provisions of Chapter 75 of Basic Law No. 16 of 2014 dated May 26, referred to above.

Article 3, Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022:
- The total spending ceiling specified for each candidate whose candidacy has been accepted for the 2022 elections for members of the Assembly of People’s Representatives is calculated based on the number of registered voters in the relevant electoral district.

Unofficial English translation.

45. Are there limits on online media advertising spending in relation to election campaigns?
Code
Yes, for candidates Yes, for political parties
Comment

There are limits for parties and candidates. 
Additionally, the newer electoral regulation has updated its definition of media and advertising to include online digital media platforms.

Source

Article 1: Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022.:
The campaign for the elections of members of the House of People’s Representatives for the year 2022 will be financed exclusively through self-financing and private financing, in accordance with the provisions of Chapter 75 of Basic Law No. 16 of 2014 dated May 26, referred to above.

Article 3, Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022:
- The total spending ceiling specified for each candidate whose candidacy has been accepted for the 2022 elections for members of the Assembly of People’s Representatives is calculated based on the number of registered voters in the relevant electoral district.

Decision of the Independent Higher Authority for elections no. 2022-17 of July 1, 2022, setting the rules, procedures, and modalities for financing the referendum campaign.
Means of participation in the campaign: Announcements, public meetings, demonstrations, processions, rallies as well as all advertising actions in the various audiovisual, written, and electronic media and any other means of participation in the campaign.

Political advertising: This is any advertising or propaganda action for a fee or free of charge, using commercial marketing methods and techniques, aimed at the public and aimed at promoting a position to attract voters or influence their behavior and their choices, through audiovisual, written or electronic media or fixed or mobile advertising media, installed in public or private places or means.

Unofficial English translation.

46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No
Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Comment

The political party should submit to the Court of Auditor an annual report including detailed sources of income and expenditures.

Source

Article 27,  the decree-law 2011-87, 2011 of the organization of political parties: each party submits an annual report that includes a detailed description of its funding sources and expenditures to the Accounting Department.

Unofficial English translation.

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

The Court of Auditors carries out controls also after elections.

Source

Article 88 of the organic law 2014- 16 May 2014, of the elections and referendums:
- every candidate, party, or head of a candidate list must keep the accounts and proof documents in his possession, including bank documents, for five years. About party lists, the party replaces the heads of its lists.
Every political party or candidate list that is decided to be dissolved before the expiry of the aforementioned period must submit these documents in exchange for a receipt directly to the general clerk of the Court of Accounts or the clerk of one of its territorially competent regional bodies.

Unofficial English translation.

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

The Court of Auditors carries out controls also after elections.

Source

Article 88 of the organic law 2014- 16 May 2014, of the elections and referendums:
- every candidate, party, or head of a candidate list must keep the accounts and proof documents in his possession, including bank documents, for five years. About party lists, the party replaces the heads of its lists.
Every political party or candidate list that is decided to be dissolved before the expiry of the aforementioned period must submit these documents in exchange for a receipt directly to the general clerk of the Court of Accounts or the clerk of one of its territorially competent regional bodies.

Unofficial English translation.

50. Do third parties have to report on election campaign finances?
Code
No
51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
Comment

The report of the Court of Auditors is directly published in the Official Journal of the Tunisian Republic as well as on the electronic website of the Court of accounts.

Source

Article 93, the organic law 2014- 16 May 2014, of the elections and referendums: the Court of Accounts’ oversight of campaign financing aims to verify:
Carrying out all campaign-related expenses for candidates, political parties, or candidate lists through the only bank account opened for this purpose and authorized by the Authority.
Each candidate, political party, or candidate list shall maintain a credible accounting that includes comprehensive and accurate data on all arrests and disbursements related to campaign financing.

Unofficial English translation.

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

Article 24, the decree-law 2011-87, 2011, of the organization of political parties: the political party shall also maintain the following records:
- Record of engagements.
- A record of the deliberations of the party’s management structures.
- A register of aid, donations, gifts, and wills, distinguishing between cash and in-kind, mentioning their value and the names of the people from whom they were issued. The political party maintains this register at its central headquarters.

Unofficial English translation.

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

Political parties must present to the court of auditors a detailed annual report of their sources of financing and expenditure.

Source

Article 27, the decree-law 2011-87, 2011, of the organization of political parties: each party submits an annual report that includes a detailed description of its funding sources and expenditures to the Accounting Department.

Unofficial English translation.

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

Political parties must present to the court of auditors a detailed annual report of their sources of financing and expenditure.

Source

Article 27, the decree-law 2011-87, 2011, of the organization of political parties: each party submits an annual report that includes a detailed description of its funding sources and expenditures to the Accounting Department.

Unofficial English translation.

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

Independent High Authority for Elections (Instance supérieure indépendante pour les élections or ISIE) and the Court of Accounts.

Source

Article 26, the decree-law 2011-87,2011, of the organization of political parties: the financial statements of the political party are subject to an annual audit, and the task of monitoring the accounts of political parties is carried out according to standards set by the Tunisian Authority of Accountants.

Each party whose annual resources do not exceed one million (1,000,000) dinars must appoint an auditor for its accounts, who will be chosen from among the accounting experts registered on the roster of the Tunisian Board of Accountants or registered on the roster of the Tunisian Academy of Accountants on the list of “accounting specialists.”

Political parties whose annual resources exceed one million (1,000,000) dinars must choose two (2) auditors from among the accounting experts registered on the roster of the Tunisian Authority of Accounting Experts.

The party shall pay the auditors' fees. The audit report is submitted to the party’s chief official and a committee headed by the first president of the Administrative Court, with the participation of both the first president of the Tunisian Court of Appeal and the head of the Tunisian Board of Accountants.

The audit report shall be submitted to the Prime Minister within one month starting from the date on which the auditors submit the party’s financial lists. When the auditors differ in opinion, they prepare a joint report that includes the point of view of each one of them.

In light of the auditor’s report, the above-mentioned committee approves the party’s financial statements or refuses to approve them.

Article 6, decree 2022-860 of 16 November 2022, setting the overall expenditure ceiling for the campaign for the elections to the assembly of representatives of the people for the year 2022: The Independent High Authority for Elections is responsible for monitoring respect for the total ceiling on spending by all candidates during the election campaign for members of the People’s Assembly for the year 2022. The Court of Accounts is responsible for subsequent monitoring of respect for the total ceiling for spending by all candidates.

Unofficial English translation.

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

Independent High Authority for Elections (Instance supérieure indépendante pour les élections or ISIE) and the Court of Accounts.

Source

Article 6, decree 2022-860 of 16 November 2022, setting overall expenditure ceiling for the campaign for the elections to the assembly of representatives of the people for the year 2022, article 163, decree2022-50 of 15 September 2022 amending the organic law 2014-16, 2014 of the elections and referendums: the Independent High Authority for Elections is responsible for monitoring respect for the total ceiling on spending by all candidates during the election campaign for members of the People’s Assembly for the year 2022. The Court of Accounts is responsible for subsequent monitoring of respect for the total ceiling for spending by all candidates.

Article 91, organic-law, 2014-16, 26th May 2014, of the election and referendums: the Court of Accounts is responsible for monitoring the resources and expenses of each candidate list, candidate, or party allocated to the campaign, verifying compliance with the unity of account, and implementing its oversight over the resources and expenses of the single bank account.

Article 93, organic-law, 2014-16,2014, 26th May, of the election and referendums: the Court of Accounts’ oversight of campaign financing aims to verify: campaign-related expenses for candidates, political parties, or candidate lists through the only bank account opened for this purpose and authorized by the Authority, that each candidate, political party, or candidate list maintain a credible accounting that includes comprehensive and accurate data on disbursements related to campaign financing, generated income from legitimate sources.

Unofficial English translation.

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Impose sanctions Refer for investigation
Comment

Especially fines and transfer of electoral criminal offenses to the criminal court.

Source

Article 34, Decision No. 17 of 2022 of the Independent High Authority for Elections dated July 1, 2022, regulating the rules, procedures, and methods of financing the referendum campaign:
The Authority undertakes, on its initiative or at the request of any party, to monitor participants’ compliance with the campaign financing rules and methods. It works to enforce its respect in cooperation with various public structures.

Article 40, Decision No. 17 of 2022 of the Independent High Authority for Elections dated July 1, 2022, regulating the rules, procedures, and methods of financing the referendum campaign.

Article 42, Decision No. 17 of 2022 of the Independent High Authority for Elections dated July 1, 2022, regulating the rules, procedures, and methods of financing the referendum campaign.

Article 91, organic-law,2014-16, 2014, 26th May, of the election and referendum: The Court of Accounts is responsible for monitoring the resources and expenses of each candidate list, candidate, or party allocated to the campaign, verifying compliance with the unity of account, and implementing its oversight over the resources and expenses of the single bank account.

Article 93, organic-law, 2014-16,2014, 26th May, of the election and referendums: the Court of Accounts’ oversight of campaign financing aims to verify: campaign-related expenses for candidates, political parties, or candidate lists through the only bank account opened for this purpose and authorized by the Authority, that each candidate, political party, or candidate list maintain a credible accounting that includes comprehensive and accurate data on disbursements related to campaign financing, generated income from legitimate sources, and electoral crimes.

Unofficial English translation.

58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Other
  • Prison
  • Loss of elected office
  • Deregistration of party
  • Loss of political rights
  • Loss of nomination of candidate
Comment

There are many sanctions, prison, fines, suspension or deregistration of the party, loss of political rights or elected office, or loss of nomination of candidate.

Source

Article 161 new of decree-law no. 2022-55 of 15 September 2022 amending and supplementing organic law no. 2014 of 26 May 2014 on elections and referendums: Article161 New - The following shall be punished by imprisonment from two to five years and a fine of two thousand to five thousand dinars:
-Every person who has been proven to have provided cash or in-kind gifts with the intention of influencing the voter, or used the same means to induce the voter to abstain from voting, whether before, during, or after the vote. In this case, the court must rule that the candidate loses his membership in the Assembly of People’s Representatives and deprive him of the right to run for life. It also stipulates that the voter beneficiary of gifts shall be deprived of his right to vote for a full period of ten years starting from the issuance of the final conviction ruling.
-Every person who intentionally obstructs any voter to prevent him from exercising his electoral right.
-Anyone who leaked voting papers outside the polling station.

Article 163 new of decree-law no. 2022-55 of 15 September 2022 amending and supplementing organic law no. 2014 of 26 May 2014 on elections and referendum: taking into account the requirements of Chapter 80 of this law, if it is proven to the Court of Accounts that the candidate, candidate list, or party has obtained funding from a foreign or unknown source for his electoral campaign, it shall rule obliging him to pay a financial fine ranging from ten to fifty times the amount of the value of the funding. Foreign or unknown source.
A candidate who enjoys foreign funding or whose source is unknown will lose his membership in the elected council, be punished with imprisonment for five years, and be obligatorily prohibited from running in any upcoming elections from the date of issuance of the conviction.

Unofficial English translation.

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