Tunisia
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
Political parties are prohibited from accepting direct or indirect financing, cash, or in kind from a foreign source. Source
Article 19, Decree-law of 2011-87,2011, of the organization of political parties: Article 80, organic law 2014-16, 26th May 2014, of elections and referendum: Unofficial English translation. |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
There is a ban on donations from foreign persons. It is an electoral infraction. Source
Article 13, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: cash, in-kind, or advertising funds derived from: Article 80: it is prohibited to finance the campaign through foreign sources, including governments, individuals, or legal entities. Money that takes the form of a donation, gift, cash, in-kind, or advertising grant from a foreign source is considered foreign financing according to tax legislation, regardless of the nationality of the financier. Article 163, organic-law 2014-16,2014, 26th May, of the elections and referendum amended by the decree 2022-55,2022, 15 September: Unofficial English translation. |
3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
Political parties are prohibited to accept help, gifts and donations from people and public or private legal entities, with the exception of financing allocated to the state budget. Source
Article 19, Decree-law of 2011-87, 2011, of the organization of political parties: Unofficial English translation. |
4. Is there a ban on corporate donations to candidates? |
Code
Yes
Comment
There is a ban against donations from legal entities. Source
Article 10, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: cash or in-kind financing for the campaign is considered private financing, coming from natural entities only from non-participants. Article 19, decree-law of 2011-87, of the organization of political parties: aid, donations, and gifts issued by legal entities, whether private or public, except funding included in the state budget. Article 75, organic-law 2014-16, 26th May, of the elections and referendum: the electoral campaign and the referendum campaign shall be financed solely with self-financing and private financing in accordance with what is regulated by this law. Unofficial English translation. |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
Comment
Political parties are prohibited from accepting help, gifts, and donations from people and public or private legal entities. Source
Article 19, Decree-law of 2011-87, 2011, of the organization of political parties: chapter 19 - Political parties are prohibited from accepting: Article 75 (new), organic-law 2014-16, 26th May, of the elections and referendum - Amended under Decree No. 55 of 2022 dated September 15, 2022: Unofficial English translation. |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Comment
There is a ban against donations from legal entities. Source
Article 10, the resolution of the high independent instance of elections,2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: Unofficial English translation. |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
Political parties are prohibited from accepting direct or indirect funding from an unknown source. Source
Article 19, Decree-law of 2011-87, 2011, of the organization of political parties: chapter 19 - Political parties are prohibited from accepting: Unofficial English translation. |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
It is prohibited to accept donations from anonymous sources. Source
Article 11, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: Unofficial English translation. |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Comment
There is a ban from legal persons and public financing is prohibited since 2022. Source
Article 10, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods for financing electoral campaign: cash or in-kind financing of the campaign is considered private financing, coming only from natural individuals and non-participants. Unofficial English translation. |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Comment
There is a ban against donations from legal private or public entities. Source
Article 19, Decree-law of 2011-87, 2011, of the organization of political parties: chapter 19 - Political parties are prohibited from accepting: Unofficial English translation. |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
There is a ban against donations from legal private or public entities. Source
Article 19, Decree-law of 2011-87, 2011, of the organization of political parties: chapter 19 - Political parties are prohibited from accepting: Unofficial English translation. |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
There is a ban against donations from legal private or public entities. Source
Article 10, the resolution of the high independent instance of elections,2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: Unofficial English translation. |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
Political parties are prohibited from accepting gifts, donations, and bequests in kind, as well as, gratuitous services free of charge from public or private entities. Source
Article 20, Decree-law of 2011-87, 2011, of the organization of political parties: the provisions of Chapter 19 apply to donations, gifts, and bequests in kind, as well as to free services. Unofficial English translation. |
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 are prohibited from accepting donations, gifts, and bequests from individuals of an annual amount that exceeds sixty thousand (60,000) dinars per donor. Source
Article 17, Decree-law of 2011-87, 2011, of the organization of political parties. - Member subscriptions of various types, provided that the value of one subscription per year does not exceed one thousand two hundred (1200) dinars. When the subscription amount exceeds two hundred and forty dinars (240), it is paid by bank or postal check or postal order. - Aid, donations, gifts and bequests within the limits of the conditions stipulated in Chapter 19 of this decree. - Revenues generated from the political party’s property and activities. - Loans, provided that the list of pledges with all loan institutions stipulated in Law No. 65 of 2001 dated July 10, 2001, relating to loan institutions does not exceed the amount of two hundred thousand (200,000) dinars. Article 19, Decree-law of 2011-87, 2011, of the organization of political parties: chapter 19 - Political parties are prohibited from accepting: Unofficial English translation. |
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
Other
Comment
Political parties are prohibited from accepting donations, gifts, and bequests from individuals the annual amount of which exceeds sixty thousand thousand (60,000) dinars per donor. Different types of membership fees provided that the value of a single contribution does not exceed one thousand two hundred (1200) dinars per year. The contribution exceeds two hundred and forty (240) dinars shall be paid by bank or postal cheque or by postal order. Source
Article 17, Decree-law of 2011-87, 2011, of the organization of political parties. - Member subscriptions of various types, provided that the value of one subscription per year does not exceed one thousand two hundred (1200) dinars. When the subscription amount exceeds two hundred and forty dinars (240), it is paid by bank or postal check or postal order. - Aid, donations, gifts and bequests within the limits of the conditions stipulated in Chapter 19 of this decree. - Revenues generated from the political party’s property and activities. - Loans, provided that the list of pledges with all loan institutions stipulated in Law No. 65 of 2001 dated July 10, 2001, relating to loan institutions does not exceed the amount of two hundred thousand (200,000) dinars. Article 19, Decree-law of 2011-87, 2011, of the organization of political parties: chapter 19 - Political parties are prohibited from accepting: Unofficial English translation. |
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for natural persons
Comment
One individual can finance each participant in the presidential election within a limit of thirty times the minimum guaranteed wage in non-agricultural sectors according to the twenty-four-hour system, while twenty times in the legislative election. Source
Article 10, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: cash or in-kind financing of the campaign is considered private financing, coming only from natural individuals and non-participants. Article 77, organic-law 2014-16, 2014, 26th may, of the elections and referendum: the electoral campaign and the referendum campaign shall be financed solely with self-financing and private financing in accordance with what is regulated by this law. Unofficial English translation. |
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
Other
Comment
One individual can finance each participant in the presidential election within a limit of thirty times the minimum guaranteed wage in non-agricultural sectors according to the twenty-four-hour system, while twenty times in the legislative election. Source
Article 10, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: cash or in-kind financing of the campaign is considered private financing, coming only from natural individuals and non-participants. Article 77, organic-law 2014-16, 2014, 26th may, of the elections and referendum: the electoral campaign and the referendum campaign shall be financed solely with self-financing and private financing in accordance with what is regulated by this law. Unofficial English translation. |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for natural persons
Comment
One individual can finance each participant in the presidential election within a limit of thirty times the minimum guaranteed wage in non-agricultural sectors according to the twenty-four-hour system, while twenty times in the legislative election. Source
Article 10, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: cash or in-kind financing of the campaign is considered private financing, coming only from natural individuals and non-participants. Article 77, organic-law 2014-16, 2014, 26th may, of the elections and referendum: the electoral campaign and the referendum campaign shall be financed solely with self-financing and private financing in accordance with what is regulated by this law. Unofficial English translation. |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Other
Comment
One individual can finance each participant in the presidential election within a limit of thirty times the minimum guaranteed wage in non-agricultural sectors according to the twenty-four-hour system, while twenty times in the legislative election. Source
Article 10, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: cash or in-kind financing of the campaign is considered private financing, coming only from natural individuals and non-participants. Article 77, organic-law 2014-16, 2014, 26th may, of the elections and referendum: the electoral campaign and the referendum campaign shall be financed solely with self-financing and private financing in accordance with what is regulated by this law. Unofficial English translation. |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
Yes, specific limit for candidates
Comment
There is no public financing but only self-financing and private funding from natural persons are allowed. The candidate shall deposit with the public treasury an amount of 10 thousand dinars. Source
Article 42, organic-law, 2014-16, 26th May, of the elections and referendums: the candidate shall provide the Tunisian public treasury with a financial guarantee of ten thousand dinars, which will not be returned unless he obtains at least three percent of the declared number of votes. Unofficial English translation. |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
Donations must be from natural person and their value must not exceed 60.000 dinars. Source
Article 19, Decree-law of 2011-87, 2011, of the organization of political parties: chapter 19 - Political parties are prohibited from accepting: Unofficial English translation. |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
The value of the in-kind financing is deducted from the participant’s financial account within income and expenses, and its value is estimated by referring to the prices in effect in the market when it is received and taking into account consumption in accordance with the applicable accounting rules and is counted within the electoral ceiling. Source
Article 7, the resolution of the high independent instance: the campaign is financed exclusively from sources derived from self-financing and private financing. Financing can be in cash or in-kind. Article 17, 2022, 1 July 2022, The rules, procedures, and methods to finance the referendum campaign: each participant shall provide the Authority with the unique bank account identifier and the identity of the agent, in accordance with the publication prepared by the Authority for this purpose, within a maximum period of 48 hours from the publication of this decision. Unofficial English translation. |
23. Is there a ban on political parties engaging in commercial activities? |
Code
No
Comment
There is no prohibition for commercial activities considering the provisions of article 17 mentioning that the resources of political parties can be the income from their assets and its activities. Source
Article 17, Decree-law of 2011-87, 2011, of the organization of political parties. Unofficial English translation. |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
Loans are accepted provided that existing commitments with all credit institutions as defined by law no. 2001-65 of 10 July 2001, do not exceed two hundred thousand (200,000) dinars. Source
Article 17, Decree-law of 2011-87, 2011, of the organization of political parties. Unofficial English translation. |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Comment
Self-financing can include loans from banks. Source
Article 9, the resolution of the high independent instance: self-financing includes funds generated by the participant, whether they come from wages, professional income, personal funds, savings, or other things, in-kind contributions, and bank loans. Unofficial English translation. |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Comment
The provisions do not regulate clearly this aspect. Importantly, one provision says that every applicant shall confirm not to have made donations to alter the process. Source
Decree No. 2014-1039 of March 13, 2014, regulating public procurement: Unofficial English translation. |
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
Contributions, the amount of which exceeds two hundred and forty (240) dinars shall be paid by bank or by postal order and, therefore, political parties must have bank accounts. Source
Article 17, Decree-law of 2011-87,2011, of the organization of political parties. Unofficial English translation. |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
No public funding available
Comment
Public financing during an electoral campaign is prohibited. Source
Article 75, organic-law, 2014-16, 26th May 2014 of the elections and referendum. Article 76, organic-law,2014-16,2014, 26th May 2014 of the elections and referendum. Article 77 organic-law, 2014-16, 26th May 2014 of the elections and referendums. Article 1, Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022: the campaign for the elections of members of the House of People’s Representatives for the year 2022 will be financed exclusively through self-financing and private financing, in accordance with the provisions of Chapter 75 of Basic Law No. 16 of 2014 dated May 26, 2014, referred to above. Unofficial English translation. |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Not applicable
Comment
No public funding available. |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Not applicable
Comment
No public funding available. |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Not applicable
Comment
No public funding available. |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
Political parties are allowed to go to the free public media. Source
Resolution No. 18 of 2018 dated February 20, 2018, relating to setting the rules and conditions that the media must adhere to during the electoral campaign and the referendum campaign, as was revised and completed by Resolution No. 31 of 2022 dated November 18, 2022, Article 65, organic-law,2014-16,2014, 26th May 2014 of the elections and referendums: the Independent High Authority for Audiovisual Communication guarantees the right to access audiovisual means of communication for all political groups during the pre-election campaign or pre-referendum campaign phase based on pluralism. The Independent High Commission for Audiovisual Communication also guarantees the pluralism and diversity of audiovisual media during the electoral campaign and removes obstacles that conflict with the principle of access to audiovisual means of communication, based on fairness between all candidates, candidate lists, or parties. Article 66 organic-law,2014-16,2014, 26th May 2014 of the elections and referendums: candidates, candidate lists, and parties for the referendum, within the scope of the electoral campaign or referendum campaign, may use the national media and electronic media. They are prohibited from using foreign media. Exceptionally, during the electoral campaign for legislative elections, candidates for electoral districts abroad are permitted to use foreign media, subject to the principles of the electoral campaign and the rules governing it. The Authority, in consultation with the Independent High Authority for Audiovisual Communication, is responsible for setting the rules regarding the use of foreign audiovisual means of communication by candidates for electoral districts abroad. Unofficial English translation. |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Source
Resolution No. 18 of 2018 dated February 20, 2018, The Independent High Commission for Audiovisual Communication also guarantees the pluralism and diversity of audiovisual media during the electoral campaign and removes obstacles that conflict with the principle of access to audiovisual means of communication, based on fairness between all candidates, candidate lists, or parties. Article 66 organic-law,2014-16,2014, 26th May 2014 of the elections and referendums: candidates, candidate lists, and parties for the referendum, within the scope of the electoral campaign or referendum campaign, may use the national media and electronic media. They are prohibited from using foreign media. Exceptionally, during the electoral campaign for legislative elections, candidates for electoral districts abroad are permitted to use foreign media, subject to the principles of the electoral campaign and the rules governing it. The Authority, in consultation with the Independent High Authority for Audiovisual Communication, is responsible for setting the rules regarding the use of foreign audiovisual means of communication by candidates for electoral districts abroad. Unofficial English translation. |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Source
Resolution No. 18 of 2018 dated February 20, 2018, The Independent High Commission for Audiovisual Communication also guarantees the pluralism and diversity of audiovisual media during the electoral campaign and removes obstacles that conflict with the principle of access to audiovisual means of communication, based on fairness between all candidates, candidate lists, or parties. Article 66 organic-law,2014-16,2014, 26th May 2014 of the elections and referendums: candidates, candidate lists, and parties for the referendum, within the scope of the electoral campaign or referendum campaign, may use the national media and electronic media. They are prohibited from using foreign media. Exceptionally, during the electoral campaign for legislative elections, candidates for electoral districts abroad are permitted to use foreign media, subject to the principles of the electoral campaign and the rules governing it. The Authority, in consultation with the Independent High Authority for Audiovisual Communication, is responsible for setting the rules regarding the use of foreign audiovisual means of communication by candidates for electoral districts abroad. Unofficial English translation. |
35. Are there provisions for any other form of indirect public funding? |
Code
No
Comment
No public funding available. |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
Comment
Recent electoral changes have removed gender quotas for women candidates. |
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
Vote buying is prohibited. Source
Article 3, the resolution of the high independent instance of elections, 2022-17, 1 July 2022, the rules, procedures, and methods to financing electoral campaign: the financing of the referendum campaign is subject to the basic principles stipulated in the Constitution, the relevant international agreements ratified by the Tunisian state, the electoral law, and the regulations related to the campaign spending ceiling and the procedures and conditions stipulated in this decision, and the relevant public authorities ensure compliance with them. Article 161, organic-law, 2014-16, 26th May, of the elections and referendums: the following shall be punished by imprisonment from two to five years and a fine of two thousand to five thousand dinars: Unofficial English translation. |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
The overall spending ceiling for the stated campaign is equal to the sum of self-financing and private financing in cash and in kind and the overall expenditure ceiling is calculated based on the number of voters registered in the electoral district considered and it can be increased according to the density of the population and this ceiling is multiplied by three abroad. Source
Article 1: Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022.: Article 3, Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022: Unofficial English translation. |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Other
Comment
The overall expenditure ceiling is calculated based on the number of voters registered in the electoral district considered. Source
Article 1: Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022.: Article 3, Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022: Unofficial English translation. |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
The overall expenditure ceiling is calculated based on the number of voters registered in the electoral district considered. Source
Article 1: Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022.: Article 3, Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022: Unofficial English translation. |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Other
Comment
The overall expenditure ceiling is calculated based on the number of voters registered in the electoral district considered. Source
Article 1: Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022.: Article 3, Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022: Unofficial English translation. |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
Comment
Although third parties are mentioned in the legislation, they are not clearly regulated. Source
Organic Law No. 2014-16 of May 26, 2014 relating to elections and referendums. |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
Yes, for candidates
Yes, for third parties
Yes, for political parties
Comment
It is a limit for candidates, parties, and third persons. These limits are equality, respect for human rights, and freedom for parties or candidates, they must be national and international for the constituency outside Tunisia. Source
Article 1: Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022.: Article 3, Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022: Unofficial English translation. |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
Yes, for candidates
Yes, for political parties
Comment
There are limits for parties and candidates. Source
Article 1: Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022.: Article 3, Order No. 860 of 2022 dated November 16, 2022, determining the total ceiling for spending on the election campaign for members of the House of Representatives of the People for the year 2022: Political advertising: This is any advertising or propaganda action for a fee or free of charge, using commercial marketing methods and techniques, aimed at the public and aimed at promoting a position to attract voters or influence their behavior and their choices, through audiovisual, written or electronic media or fixed or mobile advertising media, installed in public or private places or means. Unofficial English translation. |
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
|
Question | Value |
---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
The political party should submit to the Court of Auditor an annual report including detailed sources of income and expenditures. Source
Article 27, the decree-law 2011-87, 2011 of the organization of political parties: each party submits an annual report that includes a detailed description of its funding sources and expenditures to the Accounting Department. Unofficial English translation. |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
The Court of Auditors carries out controls also after elections. Source
Article 88 of the organic law 2014- 16 May 2014, of the elections and referendums: Unofficial English translation. |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
The Court of Auditors carries out controls also after elections. Source
Article 88 of the organic law 2014- 16 May 2014, of the elections and referendums: Unofficial English translation. |
50. Do third parties have to report on election campaign finances? |
Code
No
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
The report of the Court of Auditors is directly published in the Official Journal of the Tunisian Republic as well as on the electronic website of the Court of accounts. Source
Article 93, the organic law 2014- 16 May 2014, of the elections and referendums: the Court of Accounts’ oversight of campaign financing aims to verify: Unofficial English translation. |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Source
Article 24, the decree-law 2011-87, 2011, of the organization of political parties: the political party shall also maintain the following records: Unofficial English translation. |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
Political parties must present to the court of auditors a detailed annual report of their sources of financing and expenditure. Source
Article 27, the decree-law 2011-87, 2011, of the organization of political parties: each party submits an annual report that includes a detailed description of its funding sources and expenditures to the Accounting Department. Unofficial English translation. |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
Political parties must present to the court of auditors a detailed annual report of their sources of financing and expenditure. Source
Article 27, the decree-law 2011-87, 2011, of the organization of political parties: each party submits an annual report that includes a detailed description of its funding sources and expenditures to the Accounting Department. Unofficial English translation. |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Comment
Independent High Authority for Elections (Instance supérieure indépendante pour les élections or ISIE) and the Court of Accounts. Source
Article 26, the decree-law 2011-87,2011, of the organization of political parties: the financial statements of the political party are subject to an annual audit, and the task of monitoring the accounts of political parties is carried out according to standards set by the Tunisian Authority of Accountants. Article 6, decree 2022-860 of 16 November 2022, setting the overall expenditure ceiling for the campaign for the elections to the assembly of representatives of the people for the year 2022: The Independent High Authority for Elections is responsible for monitoring respect for the total ceiling on spending by all candidates during the election campaign for members of the People’s Assembly for the year 2022. The Court of Accounts is responsible for subsequent monitoring of respect for the total ceiling for spending by all candidates. Unofficial English translation. |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Comment
Independent High Authority for Elections (Instance supérieure indépendante pour les élections or ISIE) and the Court of Accounts. Source
Article 6, decree 2022-860 of 16 November 2022, setting overall expenditure ceiling for the campaign for the elections to the assembly of representatives of the people for the year 2022, article 163, decree2022-50 of 15 September 2022 amending the organic law 2014-16, 2014 of the elections and referendums: the Independent High Authority for Elections is responsible for monitoring respect for the total ceiling on spending by all candidates during the election campaign for members of the People’s Assembly for the year 2022. The Court of Accounts is responsible for subsequent monitoring of respect for the total ceiling for spending by all candidates. Article 91, organic-law, 2014-16, 26th May 2014, of the election and referendums: the Court of Accounts is responsible for monitoring the resources and expenses of each candidate list, candidate, or party allocated to the campaign, verifying compliance with the unity of account, and implementing its oversight over the resources and expenses of the single bank account. Article 93, organic-law, 2014-16,2014, 26th May, of the election and referendums: the Court of Accounts’ oversight of campaign financing aims to verify: campaign-related expenses for candidates, political parties, or candidate lists through the only bank account opened for this purpose and authorized by the Authority, that each candidate, political party, or candidate list maintain a credible accounting that includes comprehensive and accurate data on disbursements related to campaign financing, generated income from legitimate sources. Unofficial English translation. |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Impose sanctions
Refer for investigation
Comment
Especially fines and transfer of electoral criminal offenses to the criminal court. Source
Article 34, Decision No. 17 of 2022 of the Independent High Authority for Elections dated July 1, 2022, regulating the rules, procedures, and methods of financing the referendum campaign: Article 40, Decision No. 17 of 2022 of the Independent High Authority for Elections dated July 1, 2022, regulating the rules, procedures, and methods of financing the referendum campaign. Article 42, Decision No. 17 of 2022 of the Independent High Authority for Elections dated July 1, 2022, regulating the rules, procedures, and methods of financing the referendum campaign. Article 91, organic-law,2014-16, 2014, 26th May, of the election and referendum: The Court of Accounts is responsible for monitoring the resources and expenses of each candidate list, candidate, or party allocated to the campaign, verifying compliance with the unity of account, and implementing its oversight over the resources and expenses of the single bank account. Article 93, organic-law, 2014-16,2014, 26th May, of the election and referendums: the Court of Accounts’ oversight of campaign financing aims to verify: campaign-related expenses for candidates, political parties, or candidate lists through the only bank account opened for this purpose and authorized by the Authority, that each candidate, political party, or candidate list maintain a credible accounting that includes comprehensive and accurate data on disbursements related to campaign financing, generated income from legitimate sources, and electoral crimes. Unofficial English translation. |
58. What sanctions are provided for political finance infractions? |
Code
Comment
There are many sanctions, prison, fines, suspension or deregistration of the party, loss of political rights or elected office, or loss of nomination of candidate. Source
Article 161 new of decree-law no. 2022-55 of 15 September 2022 amending and supplementing organic law no. 2014 of 26 May 2014 on elections and referendums: Article161 New - The following shall be punished by imprisonment from two to five years and a fine of two thousand to five thousand dinars: Article 163 new of decree-law no. 2022-55 of 15 September 2022 amending and supplementing organic law no. 2014 of 26 May 2014 on elections and referendum: taking into account the requirements of Chapter 80 of this law, if it is proven to the Court of Accounts that the candidate, candidate list, or party has obtained funding from a foreign or unknown source for his electoral campaign, it shall rule obliging him to pay a financial fine ranging from ten to fifty times the amount of the value of the funding. Foreign or unknown source. Unofficial English translation. |