Timor-Leste

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

    (5) The raising of revenue not provided for in this law shall be prohibited, and contributions by national corporate bodies and foreign individuals and corporate bodies shall also be strictly prohibited.
    Source: Section 4(5), Legal Regime for the financing of political parties, 2008

    Parties shall be prohibited to accept donations in cash from:
    a) public companies;
    b) companies, the capital stock of which belongs exclusively or
    mostly to the State;
    c) public service corporations;
    d) corporate bodies of public interest committed to philanthropic
    or religious activities;
    e) professional, labour or employer’s associations;
    f) foundations;
    g) governments or foreign corporate bodies.
    Source: Section 22, LAW No. 3/2004 ON POLITICAL PARTIES, 2004
2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • Comment
  • Source

    Financing of candidacies shall be governed by specific legislation and, with the necessary adaptations, by the applicable norms of the law on political parties.
    Source: Article 31, LAW ON THE ELECTION OF THE NATIONAL PARLIAMENT, 2006

    Parties shall be prohibited to accept donations in cash from:
    a) public companies;
    b) companies, the capital stock of which belongs exclusively or
    mostly to the State;
    c) public service corporations;
    d) corporate bodies of public interest committed to philanthropic
    or religious activities;
    e) professional, labour or employer’s associations;
    f) foundations;
    g) governments or foreign corporate bodies.
    Source: Section 22, LAW No. 3/2004 ON POLITICAL PARTIES, 2004
3. Is there a ban on corporate donations to political parties?
  • CodeYes
  • Comment
  • Source

    (5) The raising of revenue not provided for in this law shall be prohibited, and contributions by national corporate bodies and foreign individuals and corporate bodies shall also be strictly prohibited.
    Source: Section 4(5), Legal Regime for the financing of political parties, 2008

    Parties shall be prohibited to accept donations in cash from:
    a) public companies;
    b) companies, the capital stock of which belongs exclusively or
    mostly to the State;
    c) public service corporations;
    d) corporate bodies of public interest committed to philanthropic
    or religious activities;
    e) professional, labour or employer’s associations;
    f) foundations;
    g) governments or foreign corporate bodies.
    Source: Section 22, LAW No. 3/2004 ON POLITICAL PARTIES, 2004
4. Is there a ban on corporate donations to candidates?
  • CodeYes
  • Comment
  • Source

    Financing of candidacies shall be governed by specific legislation and, with the necessary adaptations, by the applicable norms of the law on political parties.
    Source: Article 31, LAW ON THE ELECTION OF THE NATIONAL PARLIAMENT, 2006

    Parties shall be prohibited to accept donations in cash from:
    a) public companies;
    b) companies, the capital stock of which belongs exclusively or
    mostly to the State;
    c) public service corporations;
    d) corporate bodies of public interest committed to philanthropic
    or religious activities;
    e) professional, labour or employer’s associations;
    f) foundations;
    g) governments or foreign corporate bodies.
    Source: Section 22, LAW No. 3/2004 ON POLITICAL PARTIES, 2004
5. Is there a ban on donations from Trade Unions to political parties?
  • CodeYes
  • Comment
  • Source

    Parties shall be prohibited to accept donations in cash from:
    a) public companies;
    b) companies, the capital stock of which belongs exclusively or
    mostly to the State;
    c) public service corporations;
    d) corporate bodies of public interest committed to philanthropic
    or religious activities;
    e) professional, labour or employer’s associations;
    f) foundations;
    g) governments or foreign corporate bodies.
    Source: Section 22, LAW No. 3/2004 ON POLITICAL PARTIES, 2004
6. Is there a ban on donations from Trade Unions to candidates?
  • CodeYes
  • Comment
  • Source

    Financing of candidacies shall be governed by specific legislation and, with the necessary adaptations, by the applicable norms of the law on political parties.
    Source: Article 31, LAW ON THE ELECTION OF THE NATIONAL PARLIAMENT, 2006

    Parties shall be prohibited to accept donations in cash from:
    a) public companies;
    b) companies, the capital stock of which belongs exclusively or
    mostly to the State;
    c) public service corporations;
    d) corporate bodies of public interest committed to philanthropic
    or religious activities;
    e) professional, labour or employer’s associations;
    f) foundations;
    g) governments or foreign corporate bodies.
    Source: Section 22, LAW No. 3/2004 ON POLITICAL PARTIES, 2004
7. Is there a ban on anonymous donations to political parties?
  • CodeYes
  • Comment
  • Source

    It shall be mandatory for contributions made by national individuals to be certified by a bank cheque where such contributions exceed US$ 1,000 (one thousand US dollars), and any other contribution shall be certified by a written document signed by the taxpayer and by the party official who receives the contribution, indicating its amount.
    Source: Section 9, Legal Regime for the financing of political parties, 2008
8. Is there a ban on anonymous donations to candidates?
  • CodeYes
  • Comment
  • Source

    Financing of candidacies shall be governed by specific legislation and, with the necessary adaptations, by the applicable norms of the law on political parties.
    Source: Article 31, LAW ON THE ELECTION OF THE NATIONAL PARLIAMENT, 2006

    It shall be mandatory for contributions made by national individuals to be certified by a bank cheque where such contributions exceed US$ 1,000 (one thousand US dollars), and any other contribution shall be certified by a written document signed by the taxpayer and by the party official who receives the contribution, indicating its amount.
    Source: Section 9, Legal Regime for the financing of political parties, 2008
9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeYes
  • Comment

    However, the legal framework does not provide a clear definition of what constitutes an campaign contribution or campaign expenditure, according to https://www.europarl.europa.eu/cmsdata/212577/Timor-Leste-elections_2017_EU-EOM-report.pdf. 

    (5) The raising of revenue not provided for in this law shall be prohibited, and contributions by national corporate bodies and foreign individuals and corporate bodies shall also be strictly prohibited.
    Source: Section 4(5), Legal Regime for the financing of political parties, 2008

    Parties shall be prohibited to accept donations in cash from:
    a) public companies;
    b) companies, the capital stock of which belongs exclusively or
    mostly to the State;
    c) public service corporations;
    d) corporate bodies of public interest committed to philanthropic
    or religious activities;
    e) professional, labour or employer’s associations;
    f) foundations;
    g) governments or foreign corporate bodies.
    Source: Section 22, LAW No. 3/2004 ON POLITICAL PARTIES, 2004

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

    However, the legal framework does not provide a clear definition of what constitutes an campaign contribution or campaign expenditure, according to https://www.europarl.europa.eu/cmsdata/212577/Timor-Leste-elections_2017_EU-EOM-report.pdf. 

    Financing of candidacies shall be governed by specific legislation and, with the necessary adaptations, by the applicable norms of the law on political parties.
    Source: Article 31, LAW ON THE ELECTION OF THE NATIONAL PARLIAMENT, 2006

    Parties shall be prohibited to accept donations in cash from:
    a) public companies;
    b) companies, the capital stock of which belongs exclusively or
    mostly to the State;
    c) public service corporations;
    d) corporate bodies of public interest committed to philanthropic
    or religious activities;
    e) professional, labour or employer’s associations;
    f) foundations;
    g) governments or foreign corporate bodies.
    Source: Section 22, LAW No. 3/2004 ON POLITICAL PARTIES, 2004

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

    Parties shall be prohibited to accept donations in cash from:
    a) public companies;
    b) companies, the capital stock of which belongs exclusively or
    mostly to the State;
    c) public service corporations;
    d) corporate bodies of public interest committed to philanthropic
    or religious activities;
    e) professional, labour or employer’s associations;
    f) foundations;
    g) governments or foreign corporate bodies.
    Source: Section 22, LAW No. 3/2004 ON POLITICAL PARTIES, 2004
12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeYes
  • Comment
  • Source

    Financing of candidacies shall be governed by specific legislation and, with the necessary adaptations, by the applicable norms of the law on political parties.
    Source: Article 31, LAW ON THE ELECTION OF THE NATIONAL PARLIAMENT, 2006

    Parties shall be prohibited to accept donations in cash from:
    a) public companies;
    b) companies, the capital stock of which belongs exclusively or
    mostly to the State;
    c) public service corporations;
    d) corporate bodies of public interest committed to philanthropic
    or religious activities;
    e) professional, labour or employer’s associations;
    f) foundations;
    g) governments or foreign corporate bodies.
    Source: Section 22, LAW No. 3/2004 ON POLITICAL PARTIES, 2004
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment
  • Source

    Any public office-holding citizen, civil servant, agent of the State or of any other public
    corporation, and religious authority that abuse their functions or do so in the exercise of
    such functions by using the functions as a way of constraining or inducing voters into the
    choice of a specific candidate or abstention from voting for such candidate shall be
    punished with a 2- to 3-year prison term or a fine penalty of $1,000 to $2,000.
    Source: Article 49, Law on the Election of Suco Chiefs and Suco Councils, 2004
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeNo
  • Comment
  • Source
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
  • Comment
  • Source
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeNo
  • Comment
  • Source
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment
  • Source
21. Is there a limit on in-kind donations to political parties?
  • CodeNo
  • Comment
  • Source
22. Is there a limit on in-kind donations to candidates?
  • CodeNo
  • Comment
  • Source
23. Is there a ban on political parties engaging in commercial activities?
  • CodeYes
  • Comment
  • Source

    (1) Revenue of a political party shall include own revenue, revenue from private financing and public grants, as provided for in this law. 
    (2) The following shall be deemed as own revenue: 
    (a) Fees and other contributions by members of a political party; 
    (b) Revenue collected from fund-raising activities carried out by a political party; 
    (c) Revenue generated by property owned by a political party; 
    (d) Loans taken with credit institutions established in the country. 
    (3) The following shall be deemed as private financing: 
    (a) Contributions by national individuals; 
    (b) The product of an inheritance or legacy; 
    (4) Public grants are budgetary appropriations provided as part of financing for political parties with parliamentary representation under the terms of this law. 
    (5) The raising of revenue not provided for in this law shall be prohibited, and contributions by national corporate bodies and foreign individuals and corporate bodies shall also be strictly prohibited. 
    Source: Section 4, Legal Regime for the financing of political parties, 2008
     
24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source

    (1) Revenue of a political party shall include own revenue, revenue from private financing and public grants, as provided for in this law. 
    (2) The following shall be deemed as own revenue: 
    (a) Fees and other contributions by members of a political party; 
    (b) Revenue collected from fund-raising activities carried out by a political party; 
    (c) Revenue generated by property owned by a political party; 
    (d) Loans taken with credit institutions established in the country. 
    (3) The following shall be deemed as private financing: 
    (a) Contributions by national individuals; 
    (b) The product of an inheritance or legacy; 
    (4) Public grants are budgetary appropriations provided as part of financing for political parties with parliamentary representation under the terms of this law. 
    (5) The raising of revenue not provided for in this law shall be prohibited, and contributions by national corporate bodies and foreign individuals and corporate bodies shall also be strictly prohibited. 
    Source: Section 4, Legal Regime for the financing of political parties, 2008
     
25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source

    Financing of candidacies shall be governed by specific legislation and, with the necessary adaptations, by the applicable norms of the law on political parties.
    Source: Article 31, LAW ON THE ELECTION OF THE NATIONAL PARLIAMENT, 2006

    1. The sources of financing of political parties shall comprise own
    revenues and revenues arising from private financing.
    2. Own revenues shall consist of:
    a) membership fees and other contributions from party
    members;
    b) proceeds from fundraising activities undertaken by the party;
    c) incomes originating from party property;
    d) proceeds originating from loans.
    3. Private financing shall consist of:
    a) donations from individuals;
    b) inheritances or legacies.
    Source: Section 21, LAW No. 3/2004 ON POLITICAL PARTIES, 2004
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo
  • Comment
  • Source
27. Are there provisions requiring donations to go through the banking system?
  • CodeNo
  • Comment
  • Source

    It shall be mandatory for contributions made by national individuals to be certified by a bank cheque where such contributions exceed US$ 1,000 (one thousand US dollars), and any other contribution shall be certified by a written document signed by the taxpayer and by the party official who receives the contribution, indicating its amount.
    Source: Section 9, Legal Regime for the financing of political parties, 2008

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

    (1) The National Parliament shall annually set the overall amount of public grants for political parties with parliamentary representation and such amount shall be provided for in the general budget of the State as a specific item to be included in the appropriation for the National Electoral Commission, hereinafter referred to as the CNE. 
    (2) Out of the overall amount of the grant, 50% shall be equally divided among all the political parties with parliamentary representation, and the remaining 50% shall be allocated according to proportional representation, as achieved by political parties. 
    Source: Section 11, Legal Regime for the financing of political parties, 2008
29. What are the eligibility criteria for political parties to receive public funding?
  • CodeRepresentation in elected body
  • Comment
  • Source

    (1) The National Parliament shall annually set the overall amount of public grants for political parties with parliamentary representation and such amount shall be provided for in the general budget of the State as a specific item to be included in the appropriation for the National Electoral Commission, hereinafter referred to as the CNE. 
    (2) Out of the overall amount of the grant, 50% shall be equally divided among all the political parties with parliamentary representation, and the remaining 50% shall be allocated according to proportional representation, as achieved by political parties. 
    Source: Section 11, Legal Regime for the financing of political parties, 2008
30. What is the allocation calculation for political parties to receive public funding?
  • CodeEqual
  • Comment
  • Source

    (1) The National Parliament shall annually set the overall amount of public grants for political parties with parliamentary representation and such amount shall be provided for in the general budget of the State as a specific item to be included in the appropriation for the National Electoral Commission, hereinafter referred to as the CNE. 
    (2) Out of the overall amount of the grant, 50% shall be equally divided among all the political parties with parliamentary representation, and the remaining 50% shall be allocated according to proportional representation, as achieved by political parties. 
    Source: Section 11, Legal Regime for the financing of political parties, 2008
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeNot applicable
  • Comment
  • Source
32. Are there provisions for free or subsidized access to media for political parties?
  • CodeNo
  • Comment
  • Source
33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeNot applicable
  • Comment
  • Source
34. Are there provisions for free or subsidized access to media for candidates?
  • CodeYes
  • Comment
  • Source
35. Are there provisions for any other form of indirect public funding?
  • CodeYes
  • Comment
  • Source

    (1) Political parties shall be exempt from taxes, initial fees and legal charges. 
    (2) Exemptions referred to in Paragraph 1 of this Section shall not cover business activities of a corporate nature. 
    (3) Exemptions shall be suspended if a political party does not apply to contest in a election for the National Parliament or if it does not submit is annual financial reports, however such benefits shall be reinstated once the annual financial reports of the political party have been submitted or it has applied to contest in a election for the National Parliament. 
    (4) Suspension shall take effect from the day of the election concerned or on the day following announcement by the CNE of political parties that have not submitted their financial reports. 
    Source: Section 18, Legal Regime for the financing of political parties, 2008
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo
  • Comment
  • Source
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment
  • Source

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

    1. A person who offers, promises or actually gives public or private employment
    or another benefit or advantage, in connection with an election, to one or more
    voters or, by agreement with the voters, to a third party, even where such
    benefits are masked as cash compensation given to the voter or under the
    pretext of expenditure with the electoral campaign, shall be punished with a 1-
    to 2-year prison term or a fine penalty of $500 to $1,000.
    2. A voter who accepts any of the benefits contemplated under item 1 above
    shall be punished with a 6-month to 1-year prison term or a fine penalty of
    $250 to $500.
    Source: Article 51, Law on the Election of Suco Chiefs and Suco Councils, 2004
39. Are there limits on the amount a political party can spend?
  • CodeNo
  • Comment

    Article 33  Government Decree on Regulations for the Electoral Campaign, 2017 (No. 18)

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

    Cash payments by parties cannot exceed USD100.

    Article 33 1. 4., Government Decree on Regulations for the Electoral Campaign, 2017 (No. 18)

  • Source
41. Are there limits on the amount a candidate can spend?
  • CodeNo
  • Comment
  • Source
42. If there are limits on the amount a candidate can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo
  • Comment
  • Source
44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
  • Comment
  • Source

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

    (1) Submission of detailed financial reports by political parties, as provided for in Section 3, shall be made on a regular basis 45 days before the end of the financial year, and such reports shall be accompanied by comments from the statutory competent body. 
    (2) Competence to consider and validate financial reports submitted by political parties shall rest with the CNE, which shall be assisted by its own or external auditors for such consideration and validation. 
    Source: Section 13, Legal Regime for the financing of political parties, 2008
48. Do political parties have to report on their election campaign finances?
  • CodeNo
  • Comment
  • Source
49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment
  • Source
50. Do third parties have to report on election campaign finances?
  • CodeNo
  • Comment
  • Source
51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment
  • Source

    (1) The CNE shall consider financial reports submitted to it within 20 days after it has received comments from its auditors. 
    (2) The final decision, besides containing an individual breakdown of financial reports submitted by each political party, shall also include an indication on those parties that have not submitted their reports and those that after submitting them have not revised them following a notification to do so. 
    (3) Financial reports and related final decisions shall be made public by the CNE immediately afterwards. 
    (4) Financial reports and related final decisions shall be made public in the Official Gazette on a free-of-charge basis and shall be posted on the CNE’s website. 
    (5) Where consideration by the CNE proves that obligations provided for in this law and carrying a fine penalty or an imprisonment sentence have not been complied with, transcripts of the financial reports concerned shall be requested and sent to the General Prosecution Service for appropriate legal action. 
    Source: Section 17, Legal Regime for the financing of political parties, 2008
52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeNo
  • Comment
  • Source
53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeYes
  • Comment
  • Source
54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeYes
  • Comment
  • Source
55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB
  • Comment
  • Source

    (1) Submission of detailed financial reports by political parties, as provided for in Section 3, shall be made on a regular basis 45 days before the end of the financial year, and such reports shall be accompanied by comments from the statutory competent body. 
    (2) Competence to consider and validate financial reports submitted by political parties shall rest with the CNE, which shall be assisted by its own or external auditors for such consideration and validation. 
    Source: Section 13, Legal Regime for the financing of political parties, 2008
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeEMB
  • Comment
  • Source

    (1) The CNE shall consider financial reports submitted to it within 20 days after it has received comments from its auditors. 
    (2) The final decision, besides containing an individual breakdown of financial reports submitted by each political party, shall also include an indication on those parties that have not submitted their reports and those that after submitting them have not revised them following a notification to do so. 
    (3) Financial reports and related final decisions shall be made public by the CNE immediately afterwards. 
    (4) Financial reports and related final decisions shall be made public in the Official Gazette on a free-of-charge basis and shall be posted on the CNE’s website. 
    (5) Where consideration by the CNE proves that obligations provided for in this law and carrying a fine penalty or an imprisonment sentence have not been complied with, transcripts of the financial reports concerned shall be requested and sent to the General Prosecution Service for appropriate legal action. 
    Source: Section 17, Legal Regime for the financing of political parties, 2008
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeCarry out investigation
  • Comment
  • Source

    (1) The CNE shall consider financial reports submitted to it within 20 days after it has received comments from its auditors. 
    (2) The final decision, besides containing an individual breakdown of financial reports submitted by each political party, shall also include an indication on those parties that have not submitted their reports and those that after submitting them have not revised them following a notification to do so. 
    (3) Financial reports and related final decisions shall be made public by the CNE immediately afterwards. 
    (4) Financial reports and related final decisions shall be made public in the Official Gazette on a free-of-charge basis and shall be posted on the CNE’s website. 
    (5) Where consideration by the CNE proves that obligations provided for in this law and carrying a fine penalty or an imprisonment sentence have not been complied with, transcripts of the financial reports concerned shall be requested and sent to the General Prosecution Service for appropriate legal action. 
    Source: Section 17, Legal Regime for the financing of political parties, 2008
58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Suspension of public funding
  • Comment
  • Source

    Section 21
    Non-compliance with rules governing organized accounting systems
    (1) A political party with no organized accounting system shall be made to pay a penalty from US$ 1,500 (one thousand five hundred US dollars) to US$15,000 (fifteen thousand US dollars). 
    (2) A political party with an organized accounting system but which does not comply with the formalities set out by Section 3(2), Sections 5-10, and Section 12 shall be made to pay a penalty from US$1,500 (one thousand five hundred US dollars) to US$5,000 (five thousand US dollars). 
    Section 22
    Failure to submit financial reports
    A political party that does not submit its financial reports or that, after having been notified to revise such reports, does not comply within the established deadline shall be made to pay a penalty up to US$2,000 (two thousand US dollars) and shall cumulatively forfeit its right to future grants from the State.
    Section 23
    Illegal revenue-raising
    Leaders of political parties, individuals and managers of corporations who get personally involved in raising revenue for the benefit of a political party in contravention of the provisions of this law shall be sentenced to imprisonment from 6 months to 2 years or made to pay a penalty from US$500 (five hundred US dollars) to US$5,000 (five thousand US dollars).
    Section 24
    Failure to comply with other obligations
    A person who does not comply with any other obligation provided for in this law shall, in the absence of applicable legal provisions, be sentenced to up to 1-year imprisonment or be made to pay a penalty up to US$500 (five hundred US dollars).
    Source: SectionS 21-24, Legal Regime for the financing of political parties, 2008

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