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Belgium

2016

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 No
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 Yes
4. Is there a ban on corporate donations to candidates?	Code Yes Comment corporate donations to candidate are prohibited. However, legal persons can contribute to candidates' campaigning as 'sponsors' of certaing events and activities. (see art 16bis/1)
5. Is there a ban on donations from Trade Unions to political parties?	Code Yes Comment All donations from legal persons are banned.
6. Is there a ban on donations from Trade Unions to candidates?	Code Yes
7. Is there a ban on anonymous donations to political parties?	Code Yes, above certain threshold Comment Anonymous donations below EUR 125 [I$ 150] are allowed.
8. Is there a ban on anonymous donations to candidates?	Code Yes, above certain threshold Comment Anonymous donations below EUR 125 [I$ 150] are allowed.
9. Is there a ban on donations from corporations with government contracts to political parties?	Code Yes Source 'all donations from legalpersons ? companies, associations or other bodies ? were prohibited. This applies to directdonations from legal persons but also to free services or ones provided at below cost price,which are treated as donations and are therefore prohibited.' (p. 9). (Source: GRECO (2009), Evaluation Report on Belgium, Transparency of Political Party Funding (Theme II))
10. Is there a ban on donations from corporations with government contracts to candidates?	Code Yes Comment All donations from corporations are banned. Source 'all donations from legalpersons ? companies, associations or other bodies ? were prohibited. This applies to directdonations from legal persons but also to free services or ones provided at below cost price,which are treated as donations and are therefore prohibited.' (p. 9) (Source: GRECO (2009), Evaluation Report on Belgium, Transparency of Political Party Funding (Theme II))
11. Is there a ban on donations from corporations with partial government ownership to political parties?	Code Yes Source 'all donations from legalpersons ? companies, associations or other bodies ? were prohibited. This applies to directdonations from legal persons but also to free services or ones provided at below cost price,which are treated as donations and are therefore prohibited.' (p. 9). (Source: GRECO (2009), Evaluation Report on Belgium, Transparency of Political Party Funding (Theme II))
12. Is there a ban on donations from corporations with partial government ownership to candidates?	Code Yes Comment All donations from corporations are banned. Source 'all donations from legalpersons ? companies, associations or other bodies ? were prohibited. This applies to directdonations from legal persons but also to free services or ones provided at below cost price,which are treated as donations and are therefore prohibited.' (p. 9) (Source: GRECO (2009), Evaluation Report on Belgium, Transparency of Political Party Funding (Theme II))
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
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 natural persons Comment Political parties and their components, lists, candidates and political representatives may each receive annually, as donations from the same natural person, an amount not exceeding (EUR 500), or its equivalent value. The donor may assign each year a total amount not exceeding (EUR 2,000), or the equivalent value of this amount, for donations to the benefit of political parties and their components, lists, candidates and political representatives. The installments paid by political representatives to their political party or components are not considered donations. Source Art. 16bis.- ' [...] Des partis politiques et leurs composantes, des listes, des candidats et des mandataires politiques peuvent chacun recevoir annuellement, ? titre de dons d'une m?me personne physique, une somme ne d?passant pas (500 EUR), ou sa contre-valeur. Le donateur peut consacrer chaque ann?e un montant total ne d?passant pas (2 000 EUR), ou la contre-valeur de ce montant, ? des dons au profit de partis politiques et de leurs composantes, de listes, de candidats et de mandataires politiques'. (Source: Loi 4 Juillet 1989, 'relative ? la limitation et au contr?le des d?penses ?lectorales, ainsi qu'au financement et ? la comptabilit? ouverte des partis politiques', as modified in 2014)
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 A party may receive maximum EUR 500 from an individual each year. A donor may contribute a maximum of EUR 2,000 per year. Comment The limit of 2,000 ? per donor means that the overall value of donations (to parties, candidates, lists etc.) cannot exceed 2,000 e in a year.
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 Source 'Under the Acts of 4 July 1989, 19 May 1994 (on expenditure on elections to the Walloon,Flemish, Brussels-Capital Region and German-speaking Community parliaments), and 7 July1994 (on expenditure on elections to provincial, municipal and district councils), the politicalparties and candidates for elections are required9 to draw up after each election (within 45 daysof federal and regional elections and 30 days for elections below regional level), a declaration ofexpenditures and sources of income showing a list of donors who have made donations of morethan EUR 125. The declarations of political parties are deposited a) in the case of federal andregional elections, with the chair of the main electoral office of the constituency in which the partyhas its headquarters; b) in the case of other elections, with the president of the court of firstinstance of the constituency in which the party has its headquarters. Candidates are required tosend their declaration, with the same deadline, to the President of their constituency?s centralelection office. The list of donors who have made donations of more than EUR 125 must be sentto the federal commission directly.' (p. 9) 'Section 16 bis imposes certain ceilings on donations. For example, parties and their components,lists, candidates and political office holders may each receive annually as donations from thesame individual a sum not exceeding EUR 500, or its equivalent value. Donors may disburseeach month a total not exceeding EUR 2 000 or its equivalent value on donations to parties andtheir components, lists, candidates and political office holders.' (p. 10) (Source: GRECO (2009), Evaluation Report on Belgium, Transparency of Political Party Funding (Theme II))
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 natural persons Source 'Section 16 bis imposes certain ceilings on donations. For example, parties and their components,lists, candidates and political office holders may each receive annually as donations from thesame individual a sum not exceeding EUR 500, or its equivalent value. Donors may disburseeach month a total not exceeding EUR 2 000 or its equivalent value on donations to parties andtheir components, lists, candidates and political office holders.' (p. 10) (Source: GRECO (2009), Evaluation Report on Belgium, Transparency of Political Party Funding (Theme II))
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?	Code Candidates cannot receive more than EUR 500 [I$ 600] from the same individual each year.
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 Funding provided annually to parties with at least one member of parliament in the Chamber of Representatives. Funds is equally provided to those parties that have lost representations in last parliamentary elections for three months.
29. What are the eligibility criteria for political parties to receive public funding?	Code Representation in elected body Comment Funding is only available to parties with current Parliamentary representation, or that have been represented during previous legislature.
30. What is the allocation calculation for political parties to receive public funding?	Code Equal Proportional to votes received Comment Partly equal distribution to parties represented in a certain body and then an additional sum per votes received in previous election.
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?	Code No
32. Are there provisions for free or subsidized access to media for political parties?	Code Yes Comment Access to media and advertising is competence of the community level, meanwhile provisions at the state level are missing. Different provisions then apply to this issue. In case of elections at every level, the RTBF (French community broadcasting service)grants free speach forums to democratic formations involved in the electoral process.
33. What criteria determine allocation for free or subsidized access to media for political parties?	Code Equal Number of candidates
34. Are there provisions for free or subsidized access to media for candidates?	Code No Comment Only to political parties
35. Are there provisions for any other form of indirect public funding?	Code Yes Free provision of a copy of the electoral register Comment Campaigns enjoy exemption from tax stamps for election posters, advertising space, preferential treatment for election mail and free provision of a copy of the electoral register.
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 Any attempt of vote buying is condemned under the electoral code.
39. Are there limits on the amount a political party can spend?	Code Yes Comment political parties cannot spend more than 1000000? for campaigning for parliamentary elections.
40. If there are limits on the amount a political party can spend, what is the limit?	Code EUR 1,000,000 per campaign.
41. Are there limits on the amount a candidate can spend?	Code Yes Comment There are specific limits for parliamentary candidates.
42. If there are limits on the amount a candidate can spend, what is the limit?	Code Depends on candidate's position on the nomination list; limit includes fixed amount and amount for registered voter in previous election.
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 Financial information from political parties' and individual candidates' election campaigns is available to all voters. However, it is only public for a period of fifteen days starting from the seventy-fifth day after the elections.
52. Must reports from political parties and/or candidates reveal the identity of donors?	Code Sometimes Comment All donations in excess of EUR 125 [I$ 150] must reveal the identity of the donor. Parties must have a register of donations received
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 Special agency for political finance Comment the Control Commission is entitled to receive parties and candidate financial statements.
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?	Code Other Special agency for political finance Comment the control commission is entitled for monitoring political parties' financial accounts .
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 Loss of public funding Loss of elected office Comment Several different penalties apply. Those related to electoral campaigns, made reference to infractions of art.181 of the electoral code.

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