Political Finance Database

Mauritania

Mauritania

2018
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
Source

'It should be pointed out that political parties may not receive, in any form whatsoever, material or financial support from abroad or from a foreign person living in Mauritania' Source M’REIZIG Secrétaire général Conseil constitutionnel de Mauritanie in Le financement des partis politiques en Mauritanie

2. Is there a ban on donations from foreign interests to candidates?
Code
Yes
Source

Article 4: Legal persons under public law and private legal entities with public participation in their capital may not make, directly or indirectly, any donation for the financing of a candidate's campaign. No candidate may receive, directly or indirectly, for any expenditure whatsoever, contributions or material aid from a foreign State or a natural or legal person of foreign law.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

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
6. Is there a ban on donations from Trade Unions to candidates?
Code
No
7. Is there a ban on anonymous donations to political parties?
Code
Yes
Source

 

Article 2: The origin of the financing of the electoral campaigns can come only from
• contributions from natural persons and legal persons of private right; • the financial contribution of the candidate's party or candidate list;
• the candidate's own assets; • exceptional financial assistance from the State.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

8. Is there a ban on anonymous donations to candidates?
Code
Yes
Source

Article 2: The origin of the financing of the electoral campaigns can come only from
• contributions from natural persons and legal persons of private right; • the financial contribution of the candidate's party or candidate list;
• the candidate's own assets; • exceptional financial assistance from the State.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

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
Yes
Source

Article 4: Legal persons under public law and private legal entities with public participation in their capital may not make, directly or indirectly, any donation for the financing of a candidate's campaign.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

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
Yes
Source

Article 4: Legal persons under public law and private legal entities with public participation in their capital may not make, directly or indirectly, any donation for the financing of a candidate's campaign.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
No data
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
Code
No
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
Not applicable
16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
Yes, for both natural and legal persons
Source

Article 3: The ceiling of the expenses for each electoral campaign is fixed by decree taken in Council of Ministers on proposal of the Ministers in charge of Interior and Finances. The contribution of a private donor may not exceed 10% of the ceiling fixed under the above paragraph.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

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
The contribution of a private donor may not exceed 10% of the ceiling fixed
Source

Article 3: The ceiling of the expenses for each electoral campaign is fixed by decree taken in Council of Ministers on proposal of the Ministers in charge of Interior and Finances. The contribution of a private donor may not exceed 10% of the ceiling fixed under the above paragraph.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

18. Is there a limit on the amount a donor can contribute to a candidate?
Code
Yes, for both natural and legal persons
Source

Article 3: The ceiling of the expenses for each electoral campaign is fixed by decree taken in Council of Ministers on proposal of the Ministers in charge of Interior and Finances. The contribution of a private donor may not exceed 10% of the ceiling fixed under the above paragraph.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
10% of the limit of the total campaign finance
Source

Article 3: The ceiling of the expenses for each electoral campaign is fixed by decree taken in Council of Ministers on proposal of the Ministers in charge of Interior and Finances. The contribution of a private donor may not exceed 10% of the ceiling fixed under the above paragraph.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
Code
No
Source

Article 6: During the six months preceding the first day of the month of an election and until the date of the ballot in which the election was won, a candidate in that election may not have raised funds for the purpose of financing election campaign only through an agent named by him, a natural person named "the financial agent". The candidate can only pay the expenses incurred by his campaign through the financial agent, with the exception of the amount of the guarantee and any expenses incurred by a party or political group. 

Source Legal Order No. 035-2006 relating to Election Campaign Finance

21. Is there a limit on in-kind donations to political parties?
Code
Yes
Source

Article 2: The origin of the financing of the electoral campaigns can come only from
• contributions from natural persons and legal persons of private right; • the financial contribution of the candidate's party or candidate list;
• the candidate's own assets; • exceptional financial assistance from the State.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

22. Is there a limit on in-kind donations to candidates?
Code
Yes
Source

Article 2: The origin of the financing of the electoral campaigns can come only from
• contributions from natural persons and legal persons of private right; • the financial contribution of the candidate's party or candidate list;
• the candidate's own assets; • exceptional financial assistance from the State.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

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

'Membership fees must be paid into an account opened with a national financial institution.' Source M’REIZIG Secrétaire général Conseil constitutionnel de Mauritanie in Le financement des partis politiques en Mauritanie 2006

 

Article 7 'The financial agent is required to open a single bank or postal account retracing all of its financial operations. The name of the account indicates that the holder acts as the nominee's financial agent, by name.' Source Legal Order No. 035-2006 relating to Election Campaign Finance

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

There are mentions but no provisions in law

Source

'With regard to subsidies, legally created political parties may receive financial assistance from the State, the amount of which is entered in the budget law and which is made up of two elements: 1. an annual aid fixed in proportion to the number of votes obtained by political parties in the first round of the most recent municipal elections. The coefficient applied corresponds to the ratio of the amount allocated by the budget law to the votes cast at the national level; the results will be multiplied by the number of votes obtained by the party; 2. an additional flat-rate grant of U5.5 million for parties that obtained at least 1% of the votes cast at the national level in the last municipal elections.' Source M’REIZIG Secrétaire général Conseil constitutionnel de Mauritanie in Le financement des partis politiques en Mauritanie 2006

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
No
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
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
No
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
Yes
Source

Article 3: The ceiling of the expenses for each electoral campaign is fixed by decree taken in Council of Ministers on proposal of the Ministers in charge of Interior and Finances. The contribution of a private donor may not exceed 10% of the ceiling fixed under the above paragraph.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
• PRESIDENTIAL ELECTIONS: 10 Million UM / Moughataa. • LEGISLATIVE ELECTIONS: 10 Million UM / Moughataa. • SENATE ELECTIONS: 05 million UM / Moughataa. • MUNICIPAL ELECTIONS: 07 Million UM / Commune- Moughataa, chief town of Wilaya; : 04 Million UM / Municipality of Moughataa, head of Department; 02 Million UM / Other Rural Communes.
Source

 

Article 1' In accordance with article 3 of the ordinance n ° 2006 - 035 of 2 November 2006 on the financing of the electoral campaigns, the ceiling of the financing of the electoral campaigns is fixed as follows:
• PRESIDENTIAL ELECTIONS: 10 Million UM / Moughataa.
• LEGISLATIVE ELECTIONS: 10 Million UM / Moughataa.
• SENATE ELECTIONS: 05 million UM / Moughataa.
• MUNICIPAL ELECTIONS: 07 Million UM / Commune- Moughataa, chief town of Wilaya; : 04 Million UM / Municipality of Moughataa, head of Department;
02 Million UM / Other Rural Communes.' (Source: Decree No. 113-2006 regarding the Limitation in the Election Campaign)

43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
Yes, third parties banned from campaign spending
Source

Article 2: The origin of the financing of the electoral campaigns can come only from
• contributions from natural persons and legal persons of private right; • the financial contribution of the candidate's party or candidate list;
• the candidate's own assets; • exceptional financial assistance from the State.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
No
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
Source

Art 23 'Political party must on a regular basis maintain their accounting, inventory, restriction of property and unrestriction of property and should submit it to the minister in charge of the Ministry of interior and provide evidence of their sources, their financial resources as well as the use of the resources.' Source: Political Party Law

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

Article 9: Candidates are required to submit, no later than two months after the election, their revenue and expenditure registers or their accounts with the Regional Control Commission. In the absence of production of the said documents within the time limits stipulated above, the defaulting candidate is put on notice by the Regional Control Commission to produce them within a period of one month.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

50. Do third parties have to report on election campaign finances?
Code
Third parties are banned from participating in campaigns
Source

Article 2: The origin of the financing of the electoral campaigns can come only from
• contributions from natural persons and legal persons of private right; • the financial contribution of the candidate's party or candidate list;
• the candidate's own assets; • exceptional financial assistance from the State.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

51. Is information in reports from political parties and/or candidates to be made public?
Code
No
52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Yes
Source

Article 10: Each candidate or leading candidate is required to establish a campaign account tracing, according to their origin, all receipts collected and, depending on their nature, all expenses incurred or made for the purpose of election, by itself or on its behalf, during the period mentioned in article 6. The expenses directly incurred for the benefit of the candidate and with the agreement, even tacit, of the latter shall be deemed to be made on his behalf , by natural or legal persons, the groups and parties that support it. The candidate estimates and includes, in revenue and expenditure, the direct or indirect benefits, services and in-kind donations he has received.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

53. Must reports from political parties and/or candidates include information on itemized income?
Code
No
54. Must reports from political parties and/or candidates include information on itemized spending?
Code
No
55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
EMB
Source

Article 11: when the commission has established that the campaign account has not been filed within the prescribed time limit, if the account has been rejected or, if necessary after the change, it shows that the electoral expenditure ceiling has been exceeded, the commission seizes the judge of the election.

Source Legal Order No. 035-2006 relating to Election Campaign Finance

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

Article 11: when the commission has established that the campaign account has not been filed within the prescribed time limit, if the account has been rejected or, if necessary after the change, it shows that the electoral expenditure ceiling has been exceeded, the commission seizes the judge of the election. 

Source Legal Order No. 035-2006 relating to Election Campaign Finance

'Any party receiving funding outside the intended legal framework is subject to disciplinary sanctions ranging from suspension to dissolution. These measures are the responsibility of the Minister of the Interior with regard to dissolution. These measures may be the subject of an action for annulment before the Supreme Court. The suspension period may not exceed 90 days. In the event of dissolution, the Supreme Court must rule on the possible appeal within one month after the referral.'

Source M’REIZIG Secrétaire général Conseil constitutionnel de Mauritanie in Le financement des partis politiques en Mauritanie 2006

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

'Any party receiving funding outside the intended legal framework is subject to disciplinary sanctions ranging from suspension to dissolution. These measures are the responsibility of the Minister of the Interior with regard to dissolution. These measures may be the subject of an action for annulment before the Supreme Court. The suspension period may not exceed 90 days. In the event of dissolution, the Supreme Court must rule on the possible appeal within one month after the referral.'

Source M’REIZIG Secrétaire général Conseil constitutionnel de Mauritanie in Le financement des partis politiques en Mauritanie 2006

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

Chapter IV: Penal Provisions Article 14 'Will be punished with a fine of 400,000 UM to 10,000,000 UM and imprisonment from one month to one year, or of only one of these two sentences, any candidate in case first-past-the-post ballot, or any candidate leading the list in the event of a list vote, who: (1) shall, in order to finance an election campaign, collect or accept funds in violation of the prescriptions of this order; 2 °) Will have exceeded the election expenses limit set in application of the provisions of this order; 3 °) Will not have respected the formalities of establishment of the campaign account'  Source Legal Order No. 035-2006 relating to Election Campaign Finance

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