Myanmar
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
Yes
|
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
Candidates are not allowed to receive donations from foreign citizens or legal persons.
|
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
Comment
Parties and candidates can accept contributions from organizations, companies, or groups of companies owned by Myanmar citizens.
|
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
No data
|
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
Candidates are required to submit receipts including the names of donors in their election expense reports
|
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Source
Art 15.A 'Fund for the party shall be collected and kept as follows:-1) Collecting different party membership fees in line with the Section-112) A citizen inside the country or organisations or companies which contribute in cash orin kind to the party?s fund from their legal earnings.3) Profits gained by the party?s legal business.' [No exception made for certain types of companies] (Source: Political Parties Registration Law No. 2/2010 of 8 March 2010) |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
|
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
No
Source
Art 15.A 'Fund for the party shall be collected and kept as follows:-1) Collecting different party membership fees in line with the Section-112) A citizen inside the country or organisations or companies which contribute in cash orin kind to the party?s fund from their legal earnings.3) Profits gained by the party?s legal business.' [No exception made for certain types of companies] (Source: Political Parties Registration Law No. 2/2010 of 8 March 2010) |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
No
|
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
Comment
There are no limits on the amount of money that parties can raise both outside and during the electoral campaign period, as long as the contributions come from eligible donors.
|
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
No
Comment
There are no limits on the amount of money that parties can raise both outside and during the electoral campaign period, as long as the contributions come from eligible donors.
|
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
No public funding available
|
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
Yes
Comment
Each political party shall be granted free airtime on state media for campaign purposes.
|
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Comment
Free airtime shall be distributed on an equal basis.
|
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
Political parties are not subject to taxation on some sources of income.
|
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
|
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
Comment
10 million kyats for the 2015 elections.
|
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
To be determined for each election.
Comment
10 million kyats for the 2015 elections.
|
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
No
Comment
Political parties are however legally required to keep annual account books that the Election Commission can access and review if it deems necessary.
|
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
Forms are to be made public within two days after submission.
|
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Comment
Name, title, amount and date of donation has to be reported.
|
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
|
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Comment
Election Tribunal and Electoral Commission.
|
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
Comment
Fines and prison may be imposed. Other sanctions include disqualification and temporary loss of political rights for candidates, and suspension and deregistration for parties.
|
