Political Finance Database

Afghanistan

Afghanistan

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

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?
Code
Yes
Comment

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

Electoral Law(25 September 2016

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

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

There is no clear law on corporations donation to political parties. limit of donation to legal person indicates a ban on corporation donation to political parties, but any kind of foreign donations to political parties is a ban.

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?
Code
Yes
Comment

Article 4:
1. The following persons are allowed to make contributions for electoral campaigns of candidates:
a) Afghan citizens
b) Political parties and other non-governmental domestic legal
persons.

Source

Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections ://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf

5. Is there a ban on donations from Trade Unions to political parties?
Code
No data
6. Is there a ban on donations from Trade Unions to candidates?
Code
No
Comment

Campaign Contributions: Article 4:
1. The following persons are allowed to make contributions for electoral
campaigns of candidates:
a) Afghan citizens
b) Political parties and other non-governmental domestic legal
persons
2. The contributions made by the persons mentioned in Article 4.1 shall be
subjected to the following limitations:
A. For presidential candidates:
a. Up to 50000 Afghani by natural persons
b. Up to 500000 Afghani by legal persons
B. For provincial council candidates:
a. Up to 20000 Afghani by natural persons
b. Up to 50000 Afghani by legal persons 

Source

http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf

7. Is there a ban on anonymous donations to political parties?
Code
No
8. Is there a ban on anonymous donations to candidates?
Code
Yes
Comment

http://www.iec.org.af/2012-06-22-04-25-18/campaign-finances

Yes, but record need to be presented to the Independent Electoral Commission (IEC). "During candidate nomination, each candidate provides the IEC with information about all assets worth above a designated amount. Contributions to candidates’ campaigns may be received during the campaign period, however only Afghan citizens, political parties and other domestic legal and non-governmental entities may contribute.
Contributions may include money, loans, movable and immovable properties, services and facilities. The amount of financial contributions is limited for citizens and legal entities".
Source: the IEC website, Campaign Finances, http://www.iec.org.af/2012-06-22-04-25-18/campaign-finances

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
Yes
10. Is there a ban on donations from corporations with government contracts to candidates?
Code
No data
11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
No data
12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
No data
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
Yes
Comment

Article 10:
(1) No one is allowed to directly or indirectly interfere in the
election affairs.
(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

Election Law 2016 Date:25th SEPTEMBER .2016

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 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?
Code
Donations by legal persons up to two million Afghani per year
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/

16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
No data
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
Not applicable
18. Is there a limit on the amount a donor can contribute to a candidate?
Code
Yes, for both natural and legal persons
Comment

(Contributions to candidates’ campaigns may be received during the campaign period, however only Afghan citizens, political parties and other domestic legal and non-governmental entities may contribute.)

http://www.iec.org.af/2012-06-22-04-25-18/campaign-finances

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
50,000 Afghani [around USD 700)by natural persons and also the same amount by legal persons
Source

http://www.iec.org.af/2012-06-22-04-25-18/campaign-finances

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

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.
Article 3:
Limits of electoral expenses during electoral campaigns are as follows:
1. 10000000 Afghani(around USD137000) for presidential candidates
2. 500000 Afghani for provincial council candidates 
 

Source

Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf

21. Is there a limit on in-kind donations to political parties?
Code
No
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
22. Is there a limit on in-kind donations to candidates?
Code
No
Comment

During candidate nomination, each candidate provides the IEC with information about all assets worth above a designated amount. Contributions to candidates’ campaigns may be received during the campaign period, however only Afghan citizens, political parties and other domestic legal and non-governmental entities may contribute.

Contributions may include money, loans, movable and immovable properties, services and facilities. The amount of financial contributions is limited for citizens and legal entities

Source

http://www.iec.org.af/2012-06-22-04-25-18/campaign-finances

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

Contributions to candidates’ campaigns may be received during the campaign period, however only Afghan citizens, political parties and other domestic legal and non-governmental entities may contribute.

Contributions may include money, loans, movable and immovable properties, services and facilities. The amount of financial contributions is limited for citizens and legal entities.

Source

http://www.iec.org.af/2012-06-22-04-25-18/campaign-finances

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No data
27. Are there provisions requiring donations to go through the banking system?
Code
Yes
Comment

This provision is related only to presidential candidates
Article 7:
1. Presidential candidates shall maintain a designated account at a
financial institution in order to manage their campaign finances. The account shall be separate from any other account held by the
candidate.
2. The account shall be established before the campaign period
commences and the candidate must report to the Commission the bank account number on the date set by the commission.
3. All monetary contributions shall be deposited into the candidate’s bank account and monetary expenses might be paid from the candidate’s account. 

Source

Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf

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

(public funding could be supplied,but  there is no provision that such funds will be provided) 
Article 4:  3. No government department may contribute to the political campaign of a candidate or provide him / her with public resources unless equal conditions and facilities are considered for all candidates. 4. No person may use public resources for electoral campaign unless similar conditions are provided to all candidates by government. 

Source

Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf

29. What are the eligibility criteria for political parties to receive public funding?
Code
Not applicable
30. What is the allocation calculation for political parties to receive public funding?
Code
Not applicable
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
Not applicable
32. Are there provisions for free or subsidized access to media for political parties?
Code
No
33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
Not applicable
34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Comment

3. The state-owned media are to the extent possible, obliged, to set the stage for free of charge broadcasting/publishing campaign messages, manifestos, goals and platforms of all candidates equally and with taking into consideration the electoral timeline. 

Source

Regulation on Media Activities During Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_media_acitivities_eng.pdf

35. Are there provisions for any other form of indirect public funding?
Code
No
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
Not applicable
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

Article 99: below acts are considered as electoral crime: 15. Buying and selling vote

Source

Electoral law 2016, article 99

39. Are there limits on the amount a political party can spend?
Code
No data
40. If there are limits on the amount a political party can spend, what is the limit?
Code
No data
41. Are there limits on the amount a candidate can spend?
Code
Yes
Comment

Article 3: Limits of electoral expenses during electoral campaigns are as follows:
1. 10000000 Afghani for presidential candidates
2. 500000 Afghani for provincial council candidates
no data for parliamentary and other types of elections

Source

Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections

http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
10000000 Afghani for presidential candidates 500000 Afghani for provincial council candidates
Source

Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf Year of data: 2018

43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
Yes, spending limit exists
Comment

Article 4:
1. The following persons are allowed to make contributions for electoral campaigns of candidates:
a) Afghan citizens
b) Political parties and other non-governmental domestic legal persons
2. The contributions made by the persons mentioned in Article 4.1 shall be subjected to the following limitations:
A. For presidential candidates:
a. Up to 50000 Afghani by natural persons
b. Up to 500000 Afghani by legal persons
B. For provincial council candidates:
a. Up to 20000 Afghani by natural persons
b. Up to 50000 Afghani by legal persons

Source

Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections

http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf

 

44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
No data
45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No data
46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No data
Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Comment

Only their income, but no further detail on reporting

Source

Law on Political Parties(Date: 6th
SEPTEMBER. 2009)  http://www.iec.org.af/pdf/legalframework/law/politicalparties_law.pdf

48. Do political parties have to report on their election campaign finances?
Code
No
49. Do candidates have to report on their election campaign finances?
Code
Yes
Comment

The candidates for the elected seats 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, Date:25th SEPTEMBER .2016)

50. Do third parties have to report on election campaign finances?
Code
No
Comment

only candidates have to provide financial report

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

Article 11. The Commission shall establish a database in order to process campaign finance reports and to be available for the public access.

Source

Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf

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

Article 9:  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. 

donor identity only revealed if contributions are over 20,000 Afghanis [around $ 3,00]to Presidential candidates.

Source

Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf

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


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
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 

Source

Regulation on Managing Campaign Finance during 2014 Presidential and Provincial Council Elections http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf

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


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

http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf

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

Independent Election Commission (IEC)

Source

http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf

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

Independent Election Commission (IEC)

Source

http://www.iec.org.af/pdf/legalframework/2013-regulations/eng/reg_on_managing_campaign_finances_eng.pdf

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

Article 98, Election Law, date:25th SEPTEMBER .2016


Shall pay a cash fine (shall pay a cash fine of ten thousand (10,000) up to thirty thousand (30,000) Afghanis based on the circumstances.)

58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Prison
Comment

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

Source

Article 99, Election Law, date:25th SEPTEMBER .2016

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