Political Finance Database

Peru

Peru

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
Ban applies to contributions by foreign political parties, foreign government agencies and foreign natural or legal persons, as well as peruvian legal persons through foreign capital, except when the contributions are devoted to training and research purposes.
2. Is there a ban on donations from foreign interests to candidates?
Code
Yes
Comment
All contributions must be channeled through the nominating political party. Ban applies to contributions by foreign political parties, foreign government agencies and foreign natural or legal persons, as well as peruvian legal persons through foreign capital, except when the contributions are devoted to training and research purposes.
3. Is there a ban on corporate donations to political parties?
Code
No
Comment
Contributions by natural and legal persons are allowed, as long as they do not exceed 200 tax units.
4. Is there a ban on corporate donations to candidates?
Code
Yes
Comment
All contributions must?be channeled through the nominating political party. Contributions by natural and legal persons are allowed, as long as they do not exceed 200 tax units.
5. Is there a ban on donations from Trade Unions to political parties?
Code
No
6. Is there a ban on donations from Trade Unions to candidates?
7. Is there a ban on anonymous donations to political parties?
Code
Yes, above certain threshold
Comment
Ban does not apply to funds collected in public rallies, as long as its total amount does not exceed the limit of 30 tax units per year.
8. Is there a ban on anonymous donations to candidates?
Code
Yes
Comment
Candidates cannot receive any type of direct contributions, but can recieve funds through political parties (see question 9).
9. Is there a ban on donations from corporations with government contracts to political parties?
Code
No
Source

Ban applies to any entity of public law and corporations owned partially or totally by the State.

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

All contributions must be channeled through the nominating political party.

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

Ban applies to any entity of public law and corporations owned partially or totally by the State.

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

All contributions must be channeled through the nominating political party.

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

State agencies at any level shall not conduct any electoral propaganda activity during the elections period.

 

It is forbidden the use of official premises, including those belonging to the Police or Army, for any propaganda or campaign activity.
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 both natural and legal persons
Comment

Donations from natural and legal persons, foreign and national, may not exceed 200 tax units per year. The value of inkind donations may not exceed 200 tax units per year.

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
Annual limit is 200 tax units
Comment
Limit is applicable to contributions from both natural and legal persons, foreign and national.
16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
No
Comment

No specific limits in relation to election campaigns, but yearly limits are applicable in election years and for election purposes.

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?
Code
Not applicable
18. Is there a limit on the amount a donor can contribute to a candidate?
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
30 tax units for cash donations to candidates
Comment
Candidates receive funding through political parties, see questions 13 and 14. There is a limit to 10 tax units for cash donations to candidates.
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
21. Is there a limit on in-kind donations to political parties?
22. Is there a limit on in-kind donations to candidates?
23. Is there a ban on political parties engaging in commercial activities?
24. Is there a ban on political parties taking loans in relation to election campaigns?
25. Is there a ban on candidates taking loans in relation to election campaigns?
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
27. Are there provisions requiring donations to go through the banking system?
Question Value
28. Are there provisions for direct public funding to political parties?
Code
Yes, regularly
Comment
Parties and coalitions that are represented in congress are entitled to public funding.
29. What are the eligibility criteria for political parties to receive public funding?
Code
Representation in elected body
Comment
Parties and coalitions that are represented in congress are entitled to public funding.
30. What is the allocation calculation for political parties to receive public funding?
Code
Equal Proportional to votes received
Comment
The state will provide 0.1% of the tax unit per vote for elected representatives in Congress. 40% of the funds are allocated equally among parties with representation in Congress, and 60% of the funds are distributed according to the share of votes that each obtained in the legislative elections.
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
Ongoing party activities
Comment
In overall terms, the law states that public funding shall be devoted to training and research activities, as well as to cover daily operation expenses.
32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
Comment
From 30 days prior to an election, parties have free access to all media. Political parties are guaranteed 10 minutes between 30 and 15 days before the election. Between 14 and 6 day s before the election, parties are guaranteed 20 minutes of media time per day, and 30 minutes between 5 and 2 days before the election. Outside campaign periods, they have five minutes of monthly free access to state media on a permanent basis.
33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
  • Equal
  • Share of seats
Comment

50% equal, 50% proportional to ?seats of each party in the National Congress. Political parties participating for the first time have equal time to the party with the lowest allocation.

34. Are there provisions for free or subsidized access to media for candidates?
Code
No
35. Are there provisions for any other form of indirect public funding?
Code
Yes
Comment
Parties are entitled to a tax exemption regime.
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
No
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
Anyone who through gifts, benefits or promises tries to induce a voter not to vote or to vote in a certain way, shall be punished with imprisonment of not less than one nor more than four years.
39. Are there limits on the amount a political party can spend?
Code
No
40. If there are limits on the amount a political party can spend, what is the limit?
Code
Not applicable
41. Are there limits on the amount a candidate can spend?
Code
No
42. If there are limits on the amount a candidate can spend, what is the limit?
Code
Not applicable
43. Are there limits on the amount that third parties can spend on election campaign activities?
44. Are there limits on traditional media advertising spending in relation to election campaigns?
45. Are there limits on online media advertising spending in relation to election campaigns?
46. Do any other restrictions on online media advertisement (beyond limits) exist?
Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Comment
Political parties and movements must submit annual financial reports.
48. Do political parties have to report on their election campaign finances?
Code
Yes
Comment
Bimonthly reports on incomes and expenses throughout the electoral campaign period.
49. Do candidates have to report on their election campaign finances?
Code
Yes
50. Do third parties have to report on election campaign finances?
51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
Comment
Once the reports have been reviewed and verified, the EMB shall make them public through its webpage.
52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Yes
53. Must reports from political parties and/or candidates include information on itemized income?
54. Must reports from political parties and/or candidates include information on itemized spending?
55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
EMB
Comment
Financial reports are submitted to and reviewed by the EMB (Oficina Nacional de Procesos Electorales).
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Loss of public funding
Comment
Political parties are liable to fines and loss of funding for non compliance with financial regulations.
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