Political Finance Database

Benin

Benin

2016
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
No
Comment

Ban applies to amounts exceeding 1/3 of?the political parties?total own resources

2. Is there a ban on donations from foreign interests to candidates?
Code
No
3. Is there a ban on corporate donations to political parties?
Code
No
4. Is there a ban on corporate donations to candidates?
Code
No
5. Is there a ban on donations from Trade Unions to political parties?
Code
No
Comment

There is however some debate if Trade Unions should be legally defined as 'associations' and as such banned from contributing. 

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

There is however some debate if Trade Unions should be legally defined as 'associations' and as such banned from contributing. 

7. Is there a ban on anonymous donations to political parties?
Code
Yes
8. Is there a ban on anonymous donations to candidates?
Code
No data
9. Is there a ban on donations from corporations with government contracts to political parties?
Code
No
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
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
This ban refers to many elements and entities in several articles of the Electoral Law Act. It goes from the state properties and resources to civil servants/public officials, non-elected authorities of the territorial administration, Heads of diplomatic and consular representations and members of the Electoral Commission and its officials.
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

This limit concerns donations from sources outside Benin

Source

Art 35, Paragraph 3 (page 7) 'Possible amount of donations and gifts from sources outside Benin from persons or entities and intended for a political party shall in no case exceed one-third (1/3) of the total amount of own resources of the party' (Source: Charte des Partis Politiques, Loi 2001-21, 2001)

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
The contribution from a foreign person or entity must not exceed one-third (1/3) of the total amount of own resources of the party.
Comment

This limit concerns donations from sources outside Benin which must not exceed one-third (1/3) of the total amount of own ressources of the party.

16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
No
Comment

Regular limit applies. Concerns donation from sources outside Benin

Source

Art 35, Paragraph 3 (page 7) 'Possible amount of donations and gifts from sources outside Benin from persons or entities and intended for a political party shall in no case exceed one-third (1/3) of the total amount of own resources of the party' (Source: Charte des Partis Politiques, Loi 2001-21, 2001)

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
No
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
Not applicable
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, both regularly and in relation to campaigns
29. What are the eligibility criteria for political parties to receive public funding?
Code
  • Representation in elected body
  • Share of votes in next election
Comment

Ongoing assistance: Parliamentary representation

Campaign assistance: Reimbursement to parties that win seats (for Presidential elections, to parties whose candidate wins 10% of the vote) 

30. What is the allocation calculation for political parties to receive public funding?
Code
Equal Proportional to seats received
Comment

Ongoing assistance: Proportional to seats won in Parliament

Campaign assistance: Proportional to seats won (legislative and local elections);?equal (Presidential elections)

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
Campaign spending
Comment
Campaign assistance is provided as reimbursement of elections campaigns costs (no formal ear marking)
32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
Equal
34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
35. Are there provisions for any other form of indirect public funding?
Code
Yes
Comment

Tax exemption for political parties (though not for income from 'lucrative activities')

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
39. Are there limits on the amount a political party can spend?
Code
Yes
Comment
Limit refers to campaigns?for presidential, legislative, communal?and?municipal and also?villages, cities?and neighborhood elections both for political parties and candidates.
40. If there are limits on the amount a political party can spend, what is the limit?
Code
500,000 francs [I$ 2,200] for the election of members of village or neighborhood, city Councils;1,500,000 francs [I$ 6,600] for municipal and communal elections;15,000,000 francs [I$ 66,000] for legislative elections;2,500,000,000 francs [I$ 10,930,000] for the presidential elections
Comment
Each category of election has its limit for spending.
41. Are there limits on the amount a candidate can spend?
Code
Yes
Comment

This limit refers to the amount to spend during the campaign for presidential, legislative, communal and municipal and also villages, cities and neighborhood elections both for a political party and a candidate.

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
500,000 francs [I$ 2,200] for the election of members of village or neighborhood, city Councils;1,500,000 francs [I$ 6,600] for municipal and communal elections; 15,000,000 francs [I$ 66,000] for legislative elections; 2,500,000,000 francs [I$ 10,930,000] for the Presidential elections.
Comment
Each category of election has its limit for spending.
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
48. Do political parties have to report on their election campaign finances?
Code
Yes
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
Campaign accounts are made public by the Supreme Court. However, annual party reports are made under a seal of secrecy.
52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Sometimes
Comment
This concerns the regular reports?on the?political parties finances.
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
  • Ministry
  • Court
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
Court
Comment

The Chamber of Accounts of the Supreme Court audits campaign accounts. No information on who should scrutinize annual reports   

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
  • Prison
  • Forfeiture
Comment
Sanctions include fines, forfeiture and ineligibility to stand for election. Abuse of state resources can lead to imprisonment.
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