Yemen
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Source
Political Party Law NO. 66 (1991), Article 17(d) "The party or political organization may not accept from non-Yemeni individuals or entities any gifts, benefits, or donations." |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Source
Electoral Law No.13, 2001, Art. (75) and/or donations from Yemeni individuals or body corporates on condition that such contributions are credited to a bank account. Bank statements to this effect should be forwarded on order of arrival to the Supreme Committee. Acceptance of financial donations from foreign sources shall be strictly prohibited" |
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
Electoral Law No.13, 2001, Art. (75) and/or donations from Yemeni individuals or body corporates on condition that such contributions are credited to a bank account. Bank statements to this effect should be forwarded on order of arrival to the Supreme Committee. Acceptance of financial donations from foreign sources shall be strictly prohibited" |
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 data
|
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Source
Political Party Law NO. 66 (1991), Article 17(d) "...The party or political organization must put on financial accounting records the name of each donor and the amount donated." |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Source
Electoral Law No.13, 2001, Art. (75) and/or donations from Yemeni individuals or body corporates on condition that such contributions are credited to a bank account. Bank statements to this effect should be forwarded on order of arrival to the Supreme Committee. Acceptance of financial..." |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Source
Political Party Law NO. 66 (1991) Art. 33 (4): All parties and political organizations have to observe the following in executing their activities: "Not to use any public service positions or public funds for direct or indirect political gain. Such violations shall be punished by the laws in force." |
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
Yes
Source
Political Party Law NO. 66 (1991) Art 33 (4) "Not to use any public service positions or public funds for direct or indirect political gain. Such violations shall be punished by the laws in force." |
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
Source
Political Party Law NO. 66 (1991) Art 33 (4) "Not to use any public service positions or public funds for direct or indirect political gain. Such violations shall be punished by the laws in force." |
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
The specificly stated that The proper authorities must be informed if a single contribution exceeds (YR 100,000), or if the total annual donations from a donor exceed (YR 200,000 ), but no information about what is the limit for donations. Source
Political Party Law NO. 66 (1991), Article 17(d) "The party or political organization must put on financial accounting records the name of each donor and the amount donated. The proper authorities must be informed if a single contribution exceeds (YR 100,000), or if the total annual donations from a donor exceed (YR 200,000 )..." |
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
|
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? |
Code
No data
|
21. Is there a limit on in-kind donations to political parties? |
Code
No
|
22. Is there a limit on in-kind donations to candidates? |
Code
No
|
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Source
Political Party Law NO. 66 (1991), Article 17(c) "(c) Returns on the party’s or political organization’s investments in fields other than commercial activities. The party’s or political organization’s investments in issuing newspapers and magazines, or utilization of printers and publishing houses, are not considered commercial if they aim to serve the objectives of the party or political organization." |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No data
|
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No data
|
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
Comment
Political Party Law NO. 66 (1991) Art. 17 (d)
(d) Gifts and donations. The party or political organization may not accept from non-Yemeni individuals or entities any gifts, benefits, or donations. The party or political organization must put on financial accounting records the name of each donor and the amount donated. The proper authorities must be informed if a single contribution exceeds (YR 100,000), or if the total annual donations from a donor exceed (YR 200,000 ). The donations given to parties and political organizations may not be deducted for income tax purposes.
Article (24): The funds of the party or political organization may not be dispensed except towards its objectives and according to the procedures stipulated in its by-laws. The party or political organization is required to deposit its funds in local banks and to keep books in accordance with proper accounting principles showing the revenues and expenditures. The party or political organization must submit its annual report including the final accounts to the proper authorities. |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Source
Political Party Law NO. 66 (1991), Article 18 "The Committee for the Affairs of Parties and Political Organizations shall propose to the Council of Ministers annually the total amount of support or subsidy which the government will allocate for the parties and political organizations in accordance with the provisions of this Law. This amount, once approved, is then included in the government budget." |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Representation in elected body
Source
Political Party Law NO. 66 (1991), Article 19: "The total amount of government subsidy mentioned in the above article is divided among the parties and political organizations as follows: (a) (25%) in equal amounts to all parties and political organizations which are represented in the House of Representatives. (b) (75%) to the rest of the parties and political organizations according to the number of votes their candidates obtained in the election for the House of Representatives. A p arty or political organization is not entitled to a share of this amount if the total number of votes its candidates got was less than (5%) of the total votes." |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Equal
Proportional to votes received
Source
Political Party Law NO. 66 (1991), Article (19): "The total amount of government subsidy mentioned in the above article is divided among the parties and political organizations as follows: (a) (25%) in equal amounts to all parties and political organizations which are represented in the House of Representatives. (b) (75%) to the rest of the parties and political organizations according to the number of votes their candidates obtained in the election for the House of Representatives. A party or political organization is not entitled to a share of this amount if the total number of votes its candidates got was less than (5%) of the total votes..." |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
No data
Comment
According to the procedures stipulated in the party by-laws.
Source
Political Party Law NO. 66 (1991), Article (24): towards its objectives and according to the procedures stipulated in its by-laws. The party or political organization is required to deposit its funds in local banks and to keep books in accordance with proper accounting principles showing the revenues and expenditures. The party or political organization must submit its annual report including the final accounts to the proper authorities." |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Source
Political Party Law NO. 66 (1991), Article (31): broadcast their points of view to the citizens. The by-laws shall provide for the guidelines governing such access."
|
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Equal
Source
Political Party Law NO. 66 (1991), Article 31 broadcast their points of view to the citizens." |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Source
Electoral Law No.13, 2001, Article (39) "The Supreme Committee shall regulate the use of the State-run media (i.e. radio, TV. and the press) by all running candidates on equal basis to enable them to present to the public their electoral programs. To this effect, the Supreme Committee shall undertake appropriate measures to ensure equal access to such media facilities. Political parties and organizations shall have the right to use state-run media (i.e. radio, TV. and the press) to present their platforms on equal footing and in accordance with rules and regulations stipulated by the Supreme Committee." |
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
Yes
Source
Electoral Law No.13, 2001, Article (52): "All parties, groups, organizations and/or individuals are strictly prohibited from resorting to any form of pressure and intimidation or leveling treason charges or accusations of heresy during election campaigns. The carrot and stick approach is also outlawed." |
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
No
|
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Not applicable
|
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
|
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
|
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
Source
Political Party Law NO. 66 (1991), Article 24: towards its objectives and according to the procedures stipulated in its by-laws. The party or political organization is required to deposit its funds in local banks and to keep books in accordance with proper accounting principles showing the revenues and expenditures. The party or political organization must submit its annual report including the final accounts to the proper authorities." |
48. Do political parties have to report on their election campaign finances? |
Code
No
|
49. Do candidates have to report on their election campaign finances? |
Code
No
|
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
No
|
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Source
Political Party Law NO. 66 (1991), Article 17(d) "...The proper authorities must be informed if a single contribution exceeds (YR 100,000), or if the total annual donations from a donor exceed (YR 200,000 )..." |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
Political Party Law NO. 66 (1991)
(a) Subscriptions and contributions of members. (b) The subsidies allocated by the government. (c) Returns on the party’s or political organization’s investments in fields other than commercial activities. The party’s or political organization’s investments in issuing newspapers and magazines, or utilization of printers and publishing houses, are not considered commercial if they aim to serve the objectives of the party or political organization. (d) Gifts and donations. The party or political organization may not accept from non-Yemeni individuals or entities any gifts, benefits, or donations. The party or political organization must put on financial accounting records the name of each donor and the amount donated. The proper authorities must be informed if a single contribution exceeds (YR 100,000), or if the total annual donations from a donor exceed (YR 200,000 )..." |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
No data
Source
Political Party Law NO. 66 (1991) Article (24): The funds of the party or political organization may not be dispensed except towards its objectives and according to the procedures stipulated in its by-laws. The party or political organization is required to deposit its funds in local banks and to keep books in accordance with proper accounting principles showing the revenues and expenditures. The party or political organization must submit its annual report including the final accounts to the proper authorities. |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
Special agency for political finance
Comment
The Committee for the Affairs of Parties and Political Organizations Source
Political Party Law NO. 66 (1991), Article (24): The funds of the party or political organization may not be dispensed except towards its objectives and according to the procedures stipulated in its by-laws. The party or political organization is required to deposit its funds in local banks and to keep books in accordance with proper accounting principles showing the revenues and expenditures. The party or political organization must submit its annual report including the final accounts to the proper authorities. Article (25): The Committee for the Affairs of Parties and Political Organizations, after reviewing the annual report of the final accounts, has the right to inspect and audit the books, documents, revenues and expenditures of a party or political organization to verify the legitimacy of the revenues and the spending methods. The Committee may do so through a non-partisan technical group arranged by the Committee to submit a report, with a copy to the head of the party or political organization. The Committee and the technical group must maintain the secrecy of the report, except in cases where a violation is discovered that must be brought before the judiciary according to the law. |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Other
Comment
The Committee for the Affairs of Parties and Political Organizations Source
Political Party Law NO. 66 (1991), Article (25):
The Committee for the Affairs of Parties and Political Organizations, after reviewing the annual report of the final accounts, has the right to inspect and audit the books, documents, revenues and expenditures of a party or political organization to verify the legitimacy of the revenues and the spending methods. The Committee may do so through a non-partisan technical group arranged by the Committee to submit a report, with a copy to the head of the party or political organization. The Committee and the technical group must maintain the secrecy of the report, except in cases where a violation is discovered that must be brought before the judiciary according to the law. |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Carry out investigation
Request additional information from potential violator
Impose sanctions
Comment
Political Party Law NO. 66 (1991) Article (22): The state subsidy to a party or political organization is suspended if: (b) The party or political organization fails to present, to the proper authorities, a copy of its annual report and final accounts regarding the party’s or political organization’s revenues and expenditures. (c) The party or political organization accepts donations, gifts or benefits contrary to Article (17) of this Law, and following a court order. (d) The party or political organization fails to adhere to the provisions of Article (24), and following a court order. Article (25): The Committee for the Affairs of Parties and Political Organizations, after reviewing the annual report of the final accounts, has the right to inspect and audit the books, documents, revenues and expenditures of a party or political organization to verify the legitimacy of the revenues and the spending methods. The Committee may do so through a non-partisan technical group arranged by the Committee to submit a report, with a copy to the head of the party or political organization. The Committee and the technical group must maintain the secrecy of the report, except in cases where a violation is discovered that must be brought before the judiciary according to the law. |
58. What sanctions are provided for political finance infractions? |
Code
Comment
Use of public service positions or public funds for direct or indirect political gain can lead to deregistration of party according to Art. 33 Source
Political Party Law NO. 66 (1991), Article (22): The state subsidy to a party or political organization is suspended if: (a) A court order is issued suspending the activities of the party or political organization according to Article (34) of this Law. (b) The party or political organization fails to present, to the proper authorities, a copy of its annual report and final accounts regarding the party’s or political organization’s revenues and expenditures. (c) The party or political organization accepts donations, gifts or benefits contrary to Article (17) of this Law, and following a court order. (d) The party or political organization fails to adhere to the provisions of Article (24), and following a court order. (e) The party or political organization voluntarily decides to cease its activities. Article (23): A party or political organization loses its entitlement to a state subsidy if: (a) The party or political organization ceases to exist by its own decision. (b) The party or political organization is dissolved by a court order according to Article (34).
Art. 33 (4) : "4. Not to use any public service positions or public funds for direct or indirect political gain. Such violations shall be punished by the laws in force."
Article (34): Except where the party or political organization dissolves or merges voluntarily, it is not possible to dissolve a party or a political organization or stop its activities or any of its decisions, except following a court order based on a justified request by the Chairman of the Committee and after the approval of the Committee, requesting the dissolution of the party or political organization and the liquidation of its funds and specifying the recipients of its assets. This request may be based on one of the following): First: any of the requirements for its establishment as specified in Article (8) is no longer applicable. Second : the party or political organization commits any of the forbidden activities stipulated in Article (33). The Chairman of the Committee, after the approval of the Committee, may submit an urgent request to the relevant court to stop the activities or decisions of the party or political organization for any of the reasons stipulated in this Article, until a final court decision is taken regarding the dissolution of the party or political organization. A copy of such a request and the basis on which it was made must be forwarded to the president of the party or political organization within (48) hours of the date on which it was submitted to the court. The court must decide within (15) days whether to stop the activities of the party or political organization and must make the final decision within (90) days. |
