Afghanistan

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

    article 35: The people of Afghanistan shall have the right in accordance with the provision of the law, to form political parties provided that:4. They shall not be affiliated with foreign political parties or resources. 

    Code of Conduct for Political Parties and Coalitions: 28. Avoid accepting cash or in kind contribution from foreign or illegal internal sources http://www.iec.org.af/pdf/code_of_conduct/english/candidates_code_of_conduct.pdf

  • Source

    the Afghanistan Constitution, January 3, 2004

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

    Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates has been enacted by the Independent Election Commission during the 2019 presidential elections.

  • Source

    Article 77: (3) The candidates referred to in clause (1) of this article may not accept or receive financial assistances from foreign citizens or states and/or diplomatic missions of the foreign countries based in Afghanistan.

    Source: Article 77.3., Election Law, 2016.

    Article 6.5. Candidates may not receive or accept financial contributions from foreign citizens or countries and/or political missions of foreign countries in Afghanistan and/or unknown sources.

    Source: Article 6.5., Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates.

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

    There is no ban on corporate donations- however there is a limit of two million Afghani per year for all legal persons. 

    Article 15: Political parties may receive income from the following sources: (b) Donations by legal persons up to two million Afghani per year. 

  • Source

    Political parties law: Article 15

    http://www.iec.org.af/pdf/legalframework/law/politicalparties_law.pdf

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

    This provision was applied to presidential elections held in 2019.

    Article 6: (1) The following persons can make contributions to the campaigns of candidates: a. Afghan citizens inside and outside of the country; and b. Political parties and other non-governmental national legal persons (2) The financial contributions made to the candidates by the persons mentioned in paragraph (1) of this article shall be subject to the following limitations: 1. Up to 200,000 Afghanis by a natural person 2. Up to 1,000,000 Afghanis by a legal person

  • Source

    Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates, Art. 6, http://www.iec.org.af/pdf/legalframework/regulation-1398/eng/Campaign%20Finance%20Regulation%202019_Eng.pdf. 

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

    This provision was applied to presidential elections held in 2019.

  • Source

    Article 6.1.The following persons can make contributions to the campaigns of candidates:
    a. Afghan citizens inside and outside of the country; and
    b. Political parties and other non-governmental national legal persons […]

    Source: Article 6.1. Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates, 2019.

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

    The Political Parties Law does not mention anonymous sources at all. 

  • Source

    Political Parties Law, 2005.

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

    Article 6.5.  Candidates may not receive or accept financial contributions from foreign citizens or countries and/or political missions of foreign countries in Afghanistan and/or unknown sources. Receiving any contributions takes place according to provisions of article 7 of this regulation.

    Source: Article 6.5. Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates, 2019.

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

    The Political Parties Law does not mention any ban on donations from corporations with government contracts. 

  • Source

    Political Parties Law, 2005.

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

    Source: Election Law, 2016.

    Source: Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates, 2019.

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

    There is no ban on funding from fully or partially government owned entities to candidates in the Election Law, however, the Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates prohibits contribution from government agencies.

  • Source

    Article 6.3., No governmental agency may contribute to the campaign of a candidate or provide him/her with public resources. 

    Source: Article 6.3.,Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates, 2019.

     

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

    Both the Election Law, Political Parties Law and the Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates ban the use of state resources for and against any candidate.

  • Source

    Article 10.2., Use of any governmental assets, facilities and resources in favor or against a specific candidate is prohibited. Equal use of state-owned and public resources and facilities in favor of all candidates in accordance with the provisions of this law shall be an exception to this provision.

    Source: Article 10.2., Election Law, 2016.

    Article 99:
    (1) The following acts are considered as electoral
    crimes:
    1- Misuse of military tools and signs including of the army, police and national security for the purpose of frightening or influencing a voter, candidate and or
    monitor and observer in favor of or against a candidate; […]

    Source: Article 99., Election Law, 2016.

    Article 24. Financial and commercial government organs, and the responsible officials heading those organs, shall not use their position to favour or to disadvantage any political party.

    Source: Article 24, Political Parties Law, 2005.

    Article 6.4., No person may use public resources for the campaign of candidates unless equal resources are provided to all candidates by the government of Afghanistan.

    Source: Article 6.4., Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates, 2019.

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

    Article 15
    (1) Political parties may receive income form the following sources:
    (a)    Membership contributions
    (b)   Donations by legal persons up to two million Afghani per year
    (c)    Income from a party's moveable and immovable property
    (d)   Subsidies by the government in connection with elections
    (e)    Other contributions by members
    (2) Political parties shall register all its income and deposit it in a bank account.

  • Source

    Political Parties Law - Official Gazette No. 812, published 2003/10/18 (1382/07/26 A.P.)

    http://www.asianlii.org/af/legis/laws/pplogn812p2003101813820726a461/

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?
16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo data
  • 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?
  • CodeNo data
  • Comment
  • Source
18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeYes, for both natural and legal persons
  • Comment

    The Election Law does not set a limit on the amount of donations to candidates yet describes "electoral expense limits" for candidates at all elections. A donation threshold was set for presidential candidates in 2019 elections.

  • Source

    Article 6.2. The financial contributions made to the candidates by the persons mentioned in paragraph (1) of this article shall be subject to the following limitations:
    1. Up to 200,000 Afghanis by a natural person
    2. Up to 1,000,000 Afghanis by a legal person

    Source: Article 6.2., Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates, 2019.

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeFor presidential candidates in 2019 | 1. Up to 200,000 Afghanis by a natural person | 2. Up to 1,000,000 Afghanis by a legal person
  • Comment

    These limits were applied to presidential candidates in 2019 elections.

  • Source

    Article 6.2. The financial contributions made to the candidates by the persons mentioned in paragraph (1) of this article shall be subject to the following limitations:
    1. Up to 200,000 Afghanis by a natural person
    2. Up to 1,000,000 Afghanis by a legal person  […]

    Source: Article 6.2., Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates, 2019.

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

    The Election Law and the Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates do not set a  limit on the amount a candidate can contribute to their own election campaign. However, both Election Law and the Regulation also sets "electoral expense limits" for candidates at all elections.

  • Source

    Article 77.1., The limits for expenses by the candidates of Presidential, Wolesi Jirga, Provincial Councils, District Council, Village Council, Mayoral and Municipality Councils elections shall be determined taking into consideration the number of the persons eligible to vote, area and geographical location of the relevant electoral  constituency, in accordance with procedures enacted by the Commission.

    Source: Article 77.1., Election Law, 2016.

    Article 5.1., According to paragraph (1) of article 77 of the Election Law, the limits for campaign expenses by candidates are determined as below considering the number of eligible persons to vote, the area and geographical location (terrain) of the relevant electoral constituency: […]

    Source: Article 5.1. Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates, 2019.

    Article 19.1. The limits of run-off campaign expenses are determined according to the relevant electoral calendar proportional to the days of the campaign.

    Source: Article 19.1. Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates, 2019.

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

    "During the nomination process, each candidate provides the IEC with information on all assets above a certain value. Campaign Assistance, Candidates can receive assistance during the campaign period, although only Afghan nationals, political parties, and other domestic and non-governmental legal entities can provide assistance. Assistance can include cash, loans, movable and immovable property, services and facilities. The amount of financial assistance by the citizens and legal entities is limited."

  • Source

    Independent Election Commission Of Afghanistan:

    https://www.iec.org.af/en/parties-candidates/election-contribution-expenditure?highlight=WyJjYW1wYWlnbiJd

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

    There is no provision on in kind donations and limits, except for the ban on receiving or accepting financial assistances in cash or in kind from foreign citizens or states or diplomatic missions of the foreign countries based in Afghanistan. However, the market value of the in kind donations to candidates in 2019 presidential elections was to be determined and included in the financial report to be submitted to the Election Commission.

  • Source

    Article 77.3. The candidates referred to in clause (1) of this article may not accept or receive financial assistances from foreign citizens or states and/or diplomatic missions of the foreign countries based in Afghanistan.

    Source: Article 77.3., Election Law, 2016.

    Article 6.5. Candidates may not receive or accept financial contributions from foreign citizens or countries and/or political missions of foreign countries in Afghanistan and/or unknown sources.

    Source: Article 6.5., Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates.

    Article 7.5., The candidates shall have the duty to determine in the market the real value of the contributions that they receive in form of goods and/or services and present their report to the Commission using the relevant forms. The price of the goods and services are determined according to the rate of the day they are provided to the candidate.

    Source: Article 7.5., Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates.

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

    Article 15
    (1) Political parties may receive income form the following sources:
    (a)    Membership contributions
    (b)   Donations by legal persons up to two million Afghani per year
    (c)    Income from a party's moveable and immovable property
    (d)   Subsidies by the government in connection with elections
    (e)    Other contributions by members
    (2) Political parties shall register all its income and deposit it in a bank account.​

     

  • Source

    Political Parties Law - Official Gazette No. 812, published 2003/10/18 (1382/07/26 A.P.)

    http://www.asianlii.org/af/legis/laws/pplogn812p2003101813820726a461/

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

    There is no restriction on taking loan in relation to election campaign, however it is considered to be a donation and recorded in the presidential elections of 2019.

  • Source

    Article 6.7. Taking a loan for use in a campaign is deemed financial contribution.

    Source: Article 6.7. Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates, 2019.

    Article 7.4. A loan must be recorded, which shall show the details of the lender, the amount of the loan and the terms of the loan.

    Source: Article 7. Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates, 2019.

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo data
  • Comment
  • Source
27. Are there provisions requiring donations to go through the banking system?
  • CodeYes
  • Comment

    Political parties and presidential candidates shall register their incomes and revenues in a bank account.

  • Source

    Article 15. 2., Political parties shall register all its income and deposit it in a bank account.

    Source: Article 15. 2., Political Parties Law, 2005.

    Article 9:
    (1) Candidates shall open one bank account in one of the national banks to manage the affairs related to receiving contributions, keeping campaign funds and paying for the campaign expenses. The mentioned bank account shall be disconnected from any other accounts of candidates.
    (2) The bank account shall be opened before start of the campaign period and the candidate shall provide the bank account details to the Commission on the due date and using the form determined by the Commission.
    (3) No expenses and contributions related to campaign of the candidate may be handled outside of the relevant bank account. Receiving cash contributions, paying for campaign expenses and keeping the campaign funds shall take place only using this bank account.
    (4) The presidential candidates and/or his financial agent shall have the obligation to deposit all the received contributions in the relevant bank account and pay for the campaign expenses through this bank account.
    (5) The presidential candidates may take out specific amounts from the bank account for the expenses less than 100,000 Afghanis. 

    Source: Article 15, Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates, 2019.

     

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, in relation to campaigns
  • Comment

    Article 15.1. Political parties may receive income form the following sources: […]

    (d) Subsidies by the government in connection with elections[…]

    Source: Article 15. 1., Political Parties Law, 2005.

  • Source
29. What are the eligibility criteria for political parties to receive public funding?
  • CodeRegistration as a political party
  • Comment

    There is no provision describing eligibilit criteria, however, all parties are registered by the Ministry of Finance.

  • Source

    Article 8
    (1) All political parties shall be registered with the Ministry of Justice.
    (2) The procedure for registering shall be regulated by separate regulation.

    Source: Article 8, Political Parties Law, 2005.

    Article 23, All political parties and political organizations shall register in accordance with the provisions of this law. Political parties shall not enjoy the rights in this law unless they are registered.

    Source: Article 23, Political Parties Law, 2005.

     

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

    Party Law does not defines the calculation method.

  • Source

    Source: Article 8, Political Parties Law, 2005.

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

    Political Parties Law does permit paid media access for political parties. However, Election Law entitles the Election Commission to approve of procedure on the use of mass media and ensuring fair access of political parties, candidates and civil society to the state-owned mass media during the electoral campaign. However, there is no available source to define these rules.

  • Source

    12. A registered political party shall enjoy the following rights:

    […]

    (g) Access to the media at the expense of the political party;

    Source: Article 12, Political Parties Law, 2005.

     

    Article 15.9. Approval of procedure on the use of mass media and ensuring fair access of political parties, candidates and civil society to the state-owned mass
    media during the electoral campaign.

    Source: Article 15.9., Election Law, 2016.

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

    Election Law entitles the Election Commission to approve of procedure on the use of mass media and ensuring fair access of political parties, candidates and civil society to the state-owned mass media during the electoral campaign. However, there is no available source to define these rules.

  • Source

    Source: Article 15.9., Election Law, 2016.

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

    78. (2) The state-owned mass media are obliged to publish and broadcast the opinions, aims, and manifestos of candidates in a fair and impartial manner, while taking into account the procedure of the Commission.

    Source: Article 78.2., Election Law, 2016.

35. Are there provisions for any other form of indirect public funding?
  • CodeNo data
  • Comment
  • Source
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo data
  • Comment
  • Source
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo data
  • Comment
  • Source

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

    Voting buying is considered as an electoral crime.

  • Source

    Article 99.

    […]

    2- Receiving or offering bribes for the purpose of exerting influence in the electoral processes;

    […]

    15- Buying and selling of the votes;

    Source: Article 99, Election Law, 2016.

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

    There is no provision on spending limit.

  • Source

    Source:  Election Law, 2016.

    Source: Political Parties Law, 2005.

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

    Article 77. 1. The limits for expenses by the candidates of Presidential, Wolesi Jirga, Provincial Councils, District Council, Village Council, Mayoral and Municipality
    Councils elections shall be determined taking into consideration the number of the persons eligible to vote, area and geographical location of the relevant electoral
    constituency, in accordance with procedures enacted by the Commission.

    Source:  Article 77.1., Election Law, 2016.

    Article 5.1. According to paragraph (1) of article 77 of the Election Law, the limits for campaign expenses by candidates are determined as below considering the number of eligible persons to vote, the area and geographical location (terrain) of the relevant electoral constituency: […]

    Source: Article 5.1.., Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates.

42. If there are limits on the amount a candidate can spend, what is the limit?
  • Code 441,783,555 Afghanis
  • Comment

    This limit applied to presidential candidates in the 2019 presidential elections.

  • Source

    Ali Yawar Adili (2019) “Afghanistan’s 2019 elections (6): Presidential campaign kicks off amid uncertainty” 28 July, Afghanistan Analyst Network.

43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo data
  • Comment
  • Source
44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo data
  • Comment
  • Source
45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo data
  • Comment
  • Source
46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo data
  • Comment
  • Source

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

    There is no provision on reporting requirement for regular reporting of political parties' finances. However, Political Parties Law requires  political parties to register all incomes and deposit them in a bank account.

  • Source

    Article 15 

    […]

    (2)Political parties shall register all its income and deposit it in a bank account.

    Source: Article 15.2., Political Parties Law, 2005.

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

    However, registered political parties enjoy subsidies by the government in connection with elections and this income shall be registered in a bank account in accordance with Article 15.2. of PPL.

  • Source

    Article 15.1. Political parties may receive income form the following sources:

    […]

    d., Subsidies by the government in connection with elections.

    […]

    2. Political parties shall register all its income and deposit it in a bank account.

    Source: Article 15.2., Political Parties Law, 2005.

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

    Article 77. 2.  The candidates for the elected seats referred to in clause (1) of this article shall be obliged to accurately report to the Commission on their funding sources and limits and areas of expenses in their electoral campaigns.

    Source: Article 77, Election Law, 2016.

    Article 11:
    (1) During the campaign, candidates shall submit to the Commission one financial report for the first 30 days and one final report. Candidates shall submit the first report to the Commission between the days 30th and 35th and the final report during the silence period (48 hours prior to the Election Day). In the second report and using the relevant form, they shall also provide to the Commission a summary of the total received contributions, campaign expenses, loans and bank statement and the manner of using of personal property.
    (2) Candidates shall have the obligation to submit to the Commission their final report according to paragraph (1) of this article and which shall contain the total expenses, contributions, loans and detailed bank statement of the candidate’s campaign.
    (3) The reports envisaged in this regulation are provided using the standard forms. The Commission prepares these forms and provides them to the candidates.

    Source: Article 11., Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates.

    Article 12:
    (1) Candidates shall submit to the Commission’s HQ an accurate and correct report of their financial expenses and the contributions they have received using the specified forms and within the timeframe set by the Commission.

    Source: Article 12.., Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates.

  • Source
50. Do third parties have to report on election campaign finances?
  • CodeNo data
  • Comment
  • Source
51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment

    There is no provision about publicity of political parties' finances and candidates' campaign reports, however, the presidential candidates campaign finances in 2019 elections are published by the IEC.

  • Source

    Article 15:
    (1) The Commission shall create a database for processing the reports of campaign finances of the candidates and public access to the reports.

    (2) The Commission shall upload the financial reports (expenses and contributions) of the candidates’ campaign to the database and publish them on the website of the Commission (www.iec.org.af) for information of the people.
    (3) The IT Department shall be responsible for creating and proper functioning of the data base. The Candidates’ Campaign Finance Management Section shall use this data base for managing the financial affairs of candidates (contributions, expenses, reporting, reconciliation of reports).

    Source: Article 15, Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates.

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

    Political Parties Law and Election Law do not have a specific provision whether the identity of donor shall be revealed or not. However,  Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates requires the candidates to report identity of the contributor.
     

  • Source

    Article 12.1. The reporting forms shall have the following details:
    a. Contribution Forms:
    1. Details of the candidate;
    2. Details of the contributor;
    3. Type of the contribution;
    4. The date on which a contribution received; and
    5. The amount or value of the contribution received.

    Source: Article 12, Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates.

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

    Political Parties Law and Election Law do not have any specific provision concerning itemized income. However,  Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates requires the candidates to report the itemized income (contributions). Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections also mentioned the same provisons.

  • Source

    Article 12.

    (1) Candidates shall submit to the Commission’s HQ an accurate and correct report of their financial expenses and the contributions they have received using the specified forms and within the timeframe set by the Commission.

    1. The reporting forms shall have the following details:
    a. Contribution Forms:
    1. Details of the candidate;
    2. Details of the contributor;
    3. Type of the contribution;
    4. The date on which a contribution received; and
    5. The amount or value of the contribution received.

    (1) Candidates shall submit the counterfoil of the received contributions which are equal to or exceeding 100,000 Afghanis along with a copy of the logbook for recording the contributions which are less than 100,000 Afghanis.

    Source: Article 12, Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates.

    Article 9.

    1. Every presidential and provincial council candidate must submit to the Commission a correct report of his/her campaign expenses and the contributions he/she receives on the specified forms and within the timeframe set by the Commission. The reporting forms shall have the following specifications:

    A. Contribution forms:

    a. Details of the candidate

    b. Details of the contributor

    c. Type of the contribution

    d. The date on which a contribution received

    e. The amount or value of the contribution received

    […]

    2. If the contributions for a presidential candidate are less than 20000 Afghani, a general report of all contributions along with a copy of the logbook for recording the contributions which are less than 20000 Afghani shall be submitted.

    Source: Article 9, Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections

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

    Political Parties Law and Election Law do not have any specific provision concerning itemized spending. However,  Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates requires the candidates to report the itemized spending. Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections also mentioned the same provisons.

  • Source

    Article 12.

    1. The reporting forms shall have the following details:

    […]

    b. Expenses Forms:
    1. Details of the candidate;
    2. Details of the payee (seller or service provider);
    3. Explanation on the expenses;
    4. Date of expenses; and
    5. The amount paid.

    […]

    (2) The presidential candidates shall submit to the Commission (report) of the expenses which are equal to or exceeding 100,000 Afghanis along with a copy of the logbook for recording the expenses which are less than 100,000 Afghanis.

    Source: Article 12., Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates.

    Article 9.

    […]

    B. Campaign expenses form:

    a. Details of the candidate

    b. Details of the receiver

    c. Explanation of expenses

    d. Date of expenses

    e. The amount paid

    3. If a presidential candidate spends less than 20000 Afghani, a general report of all expenses shall be submitted along with a copy of the logbook for recording the expenses which are less than 20000 Afghani.

    Source: Article 9. Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections

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

    Independent Election Commission. Political Parties Law and Election Law do not have any specific provision concerning the institution(s) which receives financial reports of political parties. However, candidates submit their campaign finance reports to the Election Commission.

  • Source

    Article 77.

    […]

    (2) The candidates for the elected seats referred to in clause (1) of this article shall be obliged to accurately report to the Commission on their funding sources and
    limits and areas of expenses in their electoral campaigns.

    Source: Article 77, Election Law, 2016.

    Article 12:
    (1) Candidates shall submit to the Commission’s HQ an accurate and correct report of their financial expenses and the contributions they have received using the specified forms and within the timeframe set by the Commission.

    Source: Article 12., Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates.

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

    The Candidates’ Campaign Finance Management Section which is established within the Independent Election Commission to deal with financial affairs of candidates in presidentail election of 2019.

    For the purpose of addressing objections and complaints arising from negligence, violation and identification of crimes related to elections, the Central Electoral Complaints Commission comprising of five members is established.

  • Source

    Monitoring
    Article 16:
    (1) The Commission publishes the reports of the candidates’ campaign financial affairs after uploading to the data base and reconciliations.
    (2) Eligible voters, mass media and observer and monitoring organizations may monitor the campaign events of the candidates and reconcile them with the reports presented by the candidates.
    (3) If people, media and/or observer or monitoring organizations find that candidates have not reported to the Commission on some of their contributions, expenses and campaign activities, or have received contributions from illegal sources, or have breached the provisions of this regulation in a way, they may inform the Commission or the ECC of the matter in a document way.
    (4) The monitors and observers may share their findings on the candidates’ campaign financial affairs with the Commission, the ECC and the Media Committee.

    Source: Article 16., Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates.

    Article 17:
    (1) The Commission enacts an internal procedure on managing the financial affairs for managing the affairs related to division of duties of the financial affairs staff and the manner of activities of the Candidates’ Campaign Finance Management Section.

    Source: Article 17., Regulation on Regulating Financial Affairs of Electoral Campaigns of 2019 Presidential Candidates.

    Article 28:
    (1) For the purpose of addressing objections and complaints arising from negligence, violation and identification of crimes related to elections, the Central Electoral Complaints Commission comprising of five members is established.

    Source: Article 28, Election Law, 2016.

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

    There are three election crimes related directly to campaign finance in the Election Law. These are: 

    Article 11. Spending in excess of the limit set by the procedure stated in Article 77 of this Law for electoral campaigns; Article 13. Conduct of any campaigns in favor or against a candidate by a government employee; and Article 31. Use of government’s assets, facilities and resources in electoral campaigns. 

  • Source

    Article 97:
    (1) Addressing instances of negligence and violation stated in this law is the duty of the Complaints Commission.
    (2) The Complaints Commission investigate and identifies the crimes related to the electoral process; and refers the perpetrators to the relevant authorities for legal pursuit.

    Source: Article 97, Election Law, 2016.

    Article 98. 

    […]

    6. The perpetrator of violation stated in section (11) shall pay ten percent of the spending in excess of the set limit for electoral campaigns.

    7. The perpetrator of violations stated in sections (12 and 13) shall pay a cash fine of ten (10,000) Afghanis.

    […]

    15. The perpetrator of violations mentioned in sections (31 and 32) shall pay an amount of fifty thousand (50,000) up to eighty thousand (80,000) Afghanis, based on circumstances.

    Source: Article 98, Election Law, 2016.

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

    The Election Law (Article 99 (1)) defines the crimes related to election finance as follows:

    1- Misuse of military tools and signs including of the army, police and national security for the purpose of frightening or influencing a voter, candidate and or
    monitor and observer in favor of or against a candidate;
    2- Receiving or offering bribes for the purpose of exerting influence in the electoral processes;

    […]

    6- Receiving funding from illegal sources;
    7- Receiving or accepting financial assistances in cash or in kind from foreign citizens or states or diplomatic missions of the foreign countries based in Afghanistan;

    […]

    15- Buying and selling of the votes;

  • Source

    Article 98. 

    […]

    6. The perpetrator of violation stated in section (11) shall pay ten percent of the spending in excess of the set limit for electoral campaigns.

    7. The perpetrator of violations stated in sections (12 and 13) shall pay a cash fine of ten (10,000) Afghanis.

    […]

    15. The perpetrator of violations mentioned in sections (31 and 32) shall pay an amount of fifty thousand (50,000) up to eighty thousand (80,000) Afghanis, based on circumstances.

    Source: Article 98, Election Law, 2016.

     

    Article 99.2. The perpetrators of the electoral crimes stated in clause (1) of this Article shall be sentenced to punishments as below:
    1- The perpetrator of the electoral crimes stated in section (1) shall be sentenced to short-term imprisonment of not less than three months.
    2- The perpetrator of crimes stated in sections (2 and 3) shall, in addition to being deprived of the rights under this law, be sentenced to 5 years in prison, the maximum short-term imprisonment.

    […]

    4- The perpetrator of crimes mentioned in sections (5, 6, 7 and 8) shall be sentencedto mid-term imprisonment of up to three years.

    […]

    9- The perpetrator of the crime mentioned in section (15) shall be sentenced to medium-term imprisonment of up to three years.

    Source: Article 99, Election Law, 2016.

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