Bosnia and Herzegovina
Question | Value |
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1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Source
"(1) Financing political parties shall be prohibited to: a) State, entity and cantonal bodies, bodies of Brčko District of BiH, and city and municipal bodies, b) Public institutions, c) Public enterprises, d) Humanitarian organizations, e) Anonymous donators, f) Religious communities, g) Labor unions, associations and other non-profit organizations, which are financed by public funds regardless of the amount, h) Legal entities in which invested capital amounts at least 25%, i) Other states, foreign parties and foreign legal entities. (2) The prohibition referred to in paragraph (1), point a) of this article shall not relate to use of business premises, which are used by political parties pursuant to the decision of a competent body. (3) Exceptionally, financing prohibition referred to paragraph (1), point i) of this Article does not refer to financing educational programs, aimed at developing and promoting democratic goals. (4) Private enterprises that closed contract on public procurement of services, contract on public procurement of goods or public procurement of work with the bodies of executive authorities at all levels in BiH in accordance with the regulations on public procurement in BiH, cannot financially support political parties if the value of the contract in one calendar year exceeds the amount of 10.000,00 KM (ten thousand convertible marks). (5) Political parties cannot obtain any incomes from property that is not owned by them. (6) It is prohibited to give contributions in cash or in kind contributions through third persons (by a proxy). (7) Likely contributions paid from sources prohibited in paragraph (1) and (6) of this Article to the account of a political party, as well as contributions exceeding the amount set in Article 6 of this Article, and possible payments of contributions by anonymous sources, shall be paid to the BiH budget by a political party, no later than eight days following receipt of such contributions." Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Source
"(1) Financing political parties shall be prohibited to: a) State, entity and cantonal bodies, bodies of Brčko District of BiH, and city and municipal bodies, b) Public institutions, c) Public enterprises, d) Humanitarian organizations, e) Anonymous donators, f) Religious communities, g) Labor unions, associations and other non-profit organizations, which are financed by public funds regardless of the amount, h) Legal entities in which invested capital amounts at least 25%, i) Other states, foreign parties and foreign legal entities. (2) The prohibition referred to in paragraph (1), point a) of this article shall not relate to use of business premises, which are used by political parties pursuant to the decision of a competent body. (3) Exceptionally, financing prohibition referred to paragraph (1), point i) of this Article does not refer to financing educational programs, aimed at developing and promoting democratic goals. (4) Private enterprises that closed contract on public procurement of services, contract on public procurement of goods or public procurement of work with the bodies of executive authorities at all levels in BiH in accordance with the regulations on public procurement in BiH, cannot financially support political parties if the value of the contract in one calendar year exceeds the amount of 10.000,00 KM (ten thousand convertible marks). (5) Political parties cannot obtain any incomes from property that is not owned by them. (6) It is prohibited to give contributions in cash or in kind contributions through third persons (by a proxy). (7) Likely contributions paid from sources prohibited in paragraph (1) and (6) of this Article to the account of a political party, as well as contributions exceeding the amount set in Article 6 of this Article, and possible payments of contributions by anonymous sources, shall be paid to the BiH budget by a political party, no later than eight days following receipt of such contributions." Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) "The provisions of this Law referring to contributions, prohibition of financing and favoring, and monitoring and financial transactions shall be appropriately applied to lists of independent candidates and independent candidates." Source: Aricle 18, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
3. Is there a ban on corporate donations to political parties? |
Code
No
Source
"(1) Financing political parties shall be prohibited to: a) State, entity and cantonal bodies, bodies of Brčko District of BiH, and city and municipal bodies, b) Public institutions, c) Public enterprises, d) Humanitarian organizations, e) Anonymous donators, f) Religious communities, g) Labor unions, associations and other non-profit organizations, which are financed by public funds regardless of the amount, h) Legal entities in which invested capital amounts at least 25%, i) Other states, foreign parties and foreign legal entities. (2) The prohibition referred to in paragraph (1), point a) of this article shall not relate to use of business premises, which are used by political parties pursuant to the decision of a competent body. (3) Exceptionally, financing prohibition referred to paragraph (1), point i) of this Article does not refer to financing educational programs, aimed at developing and promoting democratic goals. (4) Private enterprises that closed contract on public procurement of services, contract on public procurement of goods or public procurement of work with the bodies of executive authorities at all levels in BiH in accordance with the regulations on public procurement in BiH, cannot financially support political parties if the value of the contract in one calendar year exceeds the amount of 10.000,00 KM (ten thousand convertible marks). (5) Political parties cannot obtain any incomes from property that is not owned by them. (6) It is prohibited to give contributions in cash or in kind contributions through third persons (by a proxy). (7) Likely contributions paid from sources prohibited in paragraph (1) and (6) of this Article to the account of a political party, as well as contributions exceeding the amount set in Article 6 of this Article, and possible payments of contributions by anonymous sources, shall be paid to the BiH budget by a political party, no later than eight days following receipt of such contributions." Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
4. Is there a ban on corporate donations to candidates? |
Code
No
Source
"(1) Financing political parties shall be prohibited to: a) State, entity and cantonal bodies, bodies of Brčko District of BiH, and city and municipal bodies, b) Public institutions, c) Public enterprises, d) Humanitarian organizations, e) Anonymous donators, f) Religious communities, g) Labor unions, associations and other non-profit organizations, which are financed by public funds regardless of the amount, h) Legal entities in which invested capital amounts at least 25%, i) Other states, foreign parties and foreign legal entities. (2) The prohibition referred to in paragraph (1), point a) of this article shall not relate to use of business premises, which are used by political parties pursuant to the decision of a competent body. (3) Exceptionally, financing prohibition referred to paragraph (1), point i) of this Article does not refer to financing educational programs, aimed at developing and promoting democratic goals. (4) Private enterprises that closed contract on public procurement of services, contract on public procurement of goods or public procurement of work with the bodies of executive authorities at all levels in BiH in accordance with the regulations on public procurement in BiH, cannot financially support political parties if the value of the contract in one calendar year exceeds the amount of 10.000,00 KM (ten thousand convertible marks). (5) Political parties cannot obtain any incomes from property that is not owned by them. (6) It is prohibited to give contributions in cash or in kind contributions through third persons (by a proxy). (7) Likely contributions paid from sources prohibited in paragraph (1) and (6) of this Article to the account of a political party, as well as contributions exceeding the amount set in Article 6 of this Article, and possible payments of contributions by anonymous sources, shall be paid to the BiH budget by a political party, no later than eight days following receipt of such contributions." Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) "The provisions of this Law referring to contributions, prohibition of financing and favoring, and monitoring and financial transactions shall be appropriately applied to lists of independent candidates and independent candidates." Source: Aricle 18, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
Source
"(1) Financing political parties shall be prohibited to: a) State, entity and cantonal bodies, bodies of Brčko District of BiH, and city and municipal bodies, b) Public institutions, c) Public enterprises, d) Humanitarian organizations, e) Anonymous donators, f) Religious communities, g) Labor unions, associations and other non-profit organizations, which are financed by public funds regardless of the amount, h) Legal entities in which invested capital amounts at least 25%, i) Other states, foreign parties and foreign legal entities. (2) The prohibition referred to in paragraph (1), point a) of this article shall not relate to use of business premises, which are used by political parties pursuant to the decision of a competent body. (3) Exceptionally, financing prohibition referred to paragraph (1), point i) of this Article does not refer to financing educational programs, aimed at developing and promoting democratic goals. (4) Private enterprises that closed contract on public procurement of services, contract on public procurement of goods or public procurement of work with the bodies of executive authorities at all levels in BiH in accordance with the regulations on public procurement in BiH, cannot financially support political parties if the value of the contract in one calendar year exceeds the amount of 10.000,00 KM (ten thousand convertible marks). (5) Political parties cannot obtain any incomes from property that is not owned by them. (6) It is prohibited to give contributions in cash or in kind contributions through third persons (by a proxy). (7) Likely contributions paid from sources prohibited in paragraph (1) and (6) of this Article to the account of a political party, as well as contributions exceeding the amount set in Article 6 of this Article, and possible payments of contributions by anonymous sources, shall be paid to the BiH budget by a political party, no later than eight days following receipt of such contributions." Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Source
"(1) Financing political parties shall be prohibited to: a) State, entity and cantonal bodies, bodies of Brčko District of BiH, and city and municipal bodies, b) Public institutions, c) Public enterprises, d) Humanitarian organizations, e) Anonymous donators, f) Religious communities, g) Labor unions, associations and other non-profit organizations, which are financed by public funds regardless of the amount, h) Legal entities in which invested capital amounts at least 25%, i) Other states, foreign parties and foreign legal entities. (2) The prohibition referred to in paragraph (1), point a) of this article shall not relate to use of business premises, which are used by political parties pursuant to the decision of a competent body. (3) Exceptionally, financing prohibition referred to paragraph (1), point i) of this Article does not refer to financing educational programs, aimed at developing and promoting democratic goals. (4) Private enterprises that closed contract on public procurement of services, contract on public procurement of goods or public procurement of work with the bodies of executive authorities at all levels in BiH in accordance with the regulations on public procurement in BiH, cannot financially support political parties if the value of the contract in one calendar year exceeds the amount of 10.000,00 KM (ten thousand convertible marks). (5) Political parties cannot obtain any incomes from property that is not owned by them. (6) It is prohibited to give contributions in cash or in kind contributions through third persons (by a proxy). (7) Likely contributions paid from sources prohibited in paragraph (1) and (6) of this Article to the account of a political party, as well as contributions exceeding the amount set in Article 6 of this Article, and possible payments of contributions by anonymous sources, shall be paid to the BiH budget by a political party, no later than eight days following receipt of such contributions." Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) "The provisions of this Law referring to contributions, prohibition of financing and favoring, and monitoring and financial transactions shall be appropriately applied to lists of independent candidates and independent candidates." Source: Aricle 18, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Source
"(1) Financing political parties shall be prohibited to: a) State, entity and cantonal bodies, bodies of Brčko District of BiH, and city and municipal bodies, b) Public institutions, c) Public enterprises, d) Humanitarian organizations, e) Anonymous donators, f) Religious communities, g) Labor unions, associations and other non-profit organizations, which are financed by public funds regardless of the amount, h) Legal entities in which invested capital amounts at least 25%, i) Other states, foreign parties and foreign legal entities. (2) The prohibition referred to in paragraph (1), point a) of this article shall not relate to use of business premises, which are used by political parties pursuant to the decision of a competent body. (3) Exceptionally, financing prohibition referred to paragraph (1), point i) of this Article does not refer to financing educational programs, aimed at developing and promoting democratic goals. (4) Private enterprises that closed contract on public procurement of services, contract on public procurement of goods or public procurement of work with the bodies of executive authorities at all levels in BiH in accordance with the regulations on public procurement in BiH, cannot financially support political parties if the value of the contract in one calendar year exceeds the amount of 10.000,00 KM (ten thousand convertible marks). (5) Political parties cannot obtain any incomes from property that is not owned by them. (6) It is prohibited to give contributions in cash or in kind contributions through third persons (by a proxy). (7) Likely contributions paid from sources prohibited in paragraph (1) and (6) of this Article to the account of a political party, as well as contributions exceeding the amount set in Article 6 of this Article, and possible payments of contributions by anonymous sources, shall be paid to the BiH budget by a political party, no later than eight days following receipt of such contributions." Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Source
"(1) Financing political parties shall be prohibited to: a) State, entity and cantonal bodies, bodies of Brčko District of BiH, and city and municipal bodies, b) Public institutions, c) Public enterprises, d) Humanitarian organizations, e) Anonymous donators, f) Religious communities, g) Labor unions, associations and other non-profit organizations, which are financed by public funds regardless of the amount, h) Legal entities in which invested capital amounts at least 25%, i) Other states, foreign parties and foreign legal entities. (2) The prohibition referred to in paragraph (1), point a) of this article shall not relate to use of business premises, which are used by political parties pursuant to the decision of a competent body. (3) Exceptionally, financing prohibition referred to paragraph (1), point i) of this Article does not refer to financing educational programs, aimed at developing and promoting democratic goals. (4) Private enterprises that closed contract on public procurement of services, contract on public procurement of goods or public procurement of work with the bodies of executive authorities at all levels in BiH in accordance with the regulations on public procurement in BiH, cannot financially support political parties if the value of the contract in one calendar year exceeds the amount of 10.000,00 KM (ten thousand convertible marks). (5) Political parties cannot obtain any incomes from property that is not owned by them. (6) It is prohibited to give contributions in cash or in kind contributions through third persons (by a proxy). (7) Likely contributions paid from sources prohibited in paragraph (1) and (6) of this Article to the account of a political party, as well as contributions exceeding the amount set in Article 6 of this Article, and possible payments of contributions by anonymous sources, shall be paid to the BiH budget by a political party, no later than eight days following receipt of such contributions." Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) "The provisions of this Law referring to contributions, prohibition of financing and favoring, and monitoring and financial transactions shall be appropriately applied to lists of independent candidates and independent candidates." Source: Aricle 18, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Comment
Of the value of the contract in one calendar year exceeds the amount of 10.000,00 KM (ten thousand convertible marks). Source
"Private enterprises that closed contract on public procurement of services, contract on public procurement of goods or public procurement of work with the bodies of executive authorities at all levels in BiH in accordance with the regulations on public procurement in BiH, cannot financially support political parties if the value of the contract in one calendar year exceeds the amount of 10.000,00 KM (ten thousand convertible marks)." Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Source
"Private enterprises that closed contract on public procurement of services, contract on public procurement of goods or public procurement of work with the bodies of executive authorities at all levels in BiH in accordance with the regulations on public procurement in BiH, cannot financially support political parties if the value of the contract in one calendar year exceeds the amount of 10.000,00 KM (ten thousand convertible marks)." Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) "The provisions of this Law referring to contributions, prohibition of financing and favoring, and monitoring and financial transactions shall be appropriately applied to lists of independent candidates and independent candidates." Source: Aricle 18, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
Ban for dontations from legal entities in which invested capital amounts at least 25%. Source
"(1) Financing political parties shall be prohibited to: a) State, entity and cantonal bodies, bodies of Brčko District of BiH, and city and municipal bodies, b) Public institutions, c) Public enterprises, d) Humanitarian organizations, e) Anonymous donators, f) Religious communities, g) Labor unions, associations and other non-profit organizations, which are financed by public funds regardless of the amount, h) Legal entities in which invested capital amounts at least 25%, i) Other states, foreign parties and foreign legal entities." Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Source
"(1) Financing political parties shall be prohibited to: a) State, entity and cantonal bodies, bodies of Brčko District of BiH, and city and municipal bodies, b) Public institutions, c) Public enterprises, d) Humanitarian organizations, e) Anonymous donators, f) Religious communities, g) Labor unions, associations and other non-profit organizations, which are financed by public funds regardless of the amount, h) Legal entities in which invested capital amounts at least 25%, i) Other states, foreign parties and foreign legal entities." Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) "The provisions of this Law referring to contributions, prohibition of financing and favoring, and monitoring and financial transactions shall be appropriately applied to lists of independent candidates and independent candidates." Source: Aricle 18, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Comment
No campaigning in government or public buildings Source
"Competent bodies shall not allow political parties, coalitions, list of independent candidates and independent candidates to display notices, placards and posters, or to place their names or slogans related to the election campaign in or on the buildings of government authorities at all levels, public enterprises, public institutions and local communities, on religious facilities, on public roads and public areas, except for the places designated for distribution of posters and advertising" Source: Aricle 7.2, BiH Election Law 2001, consolidated version (with 2016 amendments)
|
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 both natural and legal persons
Source
"(1) Natural persons and legal entities may give contributions to political parties once or several times in a calendar year. (2) The contributions shall be paid to the transaction account of the political party’s headquarters. (3) The total amount of contributions made by a natural person to a political party shall not exceed the amount of 10.000,00 KM (ten thousand convertible marks) in a calendar year. (4) The total amount of contributions made by a legal entity to a political party shall not exceed the amount of 50.000,00 KM (fifty thousand convertible marks) in a calendar year. (5) The total amount paid to the political party by a member of the political party during one calendar year shall not exceed the amount of 15.000,00 KM (fifteen thousand convertible marks), membership fees included." Source: Aricle 6, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
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
10.000,00 KM (ten thousand convertible marks) in a calendar year for natural persons,
15.000,00 KM (fifteen thousand convertible marks) in a calendar year for members of the party (including membership fees),
50.000,00 KM (fifty thousand convertible marks) in a calendar year for legal entities
Source
"(1) Natural persons and legal entities may give contributions to political parties once or several times in a calendar year. (2) The contributions shall be paid to the transaction account of the political party’s headquarters. (3) The total amount of contributions made by a natural person to a political party shall not exceed the amount of 10.000,00 KM (ten thousand convertible marks) in a calendar year. (4) The total amount of contributions made by a legal entity to a political party shall not exceed the amount of 50.000,00 KM (fifty thousand convertible marks) in a calendar year. (5) The total amount paid to the political party by a member of the political party during one calendar year shall not exceed the amount of 15.000,00 KM (fifteen thousand convertible marks), membership fees included." Source: Aricle 6, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
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
Comment
Limits for regular financing apply Source
"(1) Natural persons and legal entities may give contributions to political parties once or several times in a calendar year. (2) The contributions shall be paid to the transaction account of the political party’s headquarters. (3) The total amount of contributions made by a natural person to a political party shall not exceed the amount of 10.000,00 KM (ten thousand convertible marks) in a calendar year. (4) The total amount of contributions made by a legal entity to a political party shall not exceed the amount of 50.000,00 KM (fifty thousand convertible marks) in a calendar year. (5) The total amount paid to the political party by a member of the political party during one calendar year shall not exceed the amount of 15.000,00 KM (fifteen thousand convertible marks), membership fees included." Source: Aricle 6, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
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
Regular limits apply: 10.000,00 KM (ten thousand convertible marks) in a calendar year for natural persons, | 15.000,00 KM (fifteen thousand convertible marks) in a calendar year for members of the party (including membership fees), | 50.000,00 KM (fifty thousand convertible marks) in a calendar year for legal entities
Source
"(1) Natural persons and legal entities may give contributions to political parties once or several times in a calendar year. (2) The contributions shall be paid to the transaction account of the political party’s headquarters. (3) The total amount of contributions made by a natural person to a political party shall not exceed the amount of 10.000,00 KM (ten thousand convertible marks) in a calendar year. (4) The total amount of contributions made by a legal entity to a political party shall not exceed the amount of 50.000,00 KM (fifty thousand convertible marks) in a calendar year. (5) The total amount paid to the political party by a member of the political party during one calendar year shall not exceed the amount of 15.000,00 KM (fifteen thousand convertible marks), membership fees included." Source: Aricle 6, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
Same rules apply to paries and candidates Source
"(1) Natural persons and legal entities may give contributions to political parties once or several times in a calendar year. (2) The contributions shall be paid to the transaction account of the political party’s headquarters. (3) The total amount of contributions made by a natural person to a political party shall not exceed the amount of 10.000,00 KM (ten thousand convertible marks) in a calendar year. (4) The total amount of contributions made by a legal entity to a political party shall not exceed the amount of 50.000,00 KM (fifty thousand convertible marks) in a calendar year. (5) The total amount paid to the political party by a member of the political party during one calendar year shall not exceed the amount of 15.000,00 KM (fifteen thousand convertible marks), membership fees included." Source: Aricle 6, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments)
"The provisions of this Law referring to contributions, prohibition of financing and favoring, and monitoring and financial transactions shall be appropriately applied to lists of independent candidates and independent candidates." Source: Aricle 18, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Regular limits apply: 10.000,00 KM (ten thousand convertible marks) in a calendar year for natural persons, | 15.000,00 KM (fifteen thousand convertible marks) in a calendar year for members of the party (including membership fees), | 50.000,00 KM (fifty thousand convertible marks) in a calendar year for legal entities
Source
"(1) Natural persons and legal entities may give contributions to political parties once or several times in a calendar year. (2) The contributions shall be paid to the transaction account of the political party’s headquarters. (3) The total amount of contributions made by a natural person to a political party shall not exceed the amount of 10.000,00 KM (ten thousand convertible marks) in a calendar year. (4) The total amount of contributions made by a legal entity to a political party shall not exceed the amount of 50.000,00 KM (fifty thousand convertible marks) in a calendar year. (5) The total amount paid to the political party by a member of the political party during one calendar year shall not exceed the amount of 15.000,00 KM (fifteen thousand convertible marks), membership fees included." Source: Aricle 6, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments)
"The provisions of this Law referring to contributions, prohibition of financing and favoring, and monitoring and financial transactions shall be appropriately applied to lists of independent candidates and independent candidates." Source: Aricle 18, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No
Comment
There is a specific limit for a member of the party, not specifically the candidate Source
"(1) Natural persons and legal entities may give contributions to political parties once or several times in a calendar year. (2) The contributions shall be paid to the transaction account of the political party’s headquarters. (3) The total amount of contributions made by a natural person to a political party shall not exceed the amount of 10.000,00 KM (ten thousand convertible marks) in a calendar year. (4) The total amount of contributions made by a legal entity to a political party shall not exceed the amount of 50.000,00 KM (fifty thousand convertible marks) in a calendar year. (5) The total amount paid to the political party by a member of the political party during one calendar year shall not exceed the amount of 15.000,00 KM (fifteen thousand convertible marks), membership fees included." Source: Aricle 6, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
Their market value is calculated towards the contributions Source
"(1) For the purpose of this Law, membership fee shall only be regular amount paid by a member of a political party in the manner and under conditions set by its Statute or any other act. (2) For the purpose of this Law, a contribution made to the political party shall be occasional or regular payments by which natural persons or legal entities give money to a political party in the amount higher than membership fee, as well as providing services and giving products to a political party free of charge. (3) Legal entities or natural persons that provide service or sell a product to a political party must issue an invoice to the party, which will indicate market value of donated product or provided service, and which will be issued to the name of political party indicating that it is not subject to the payment. (4) Political parties shall be obligated to keep a record on paid membership fees and contributions, as well as to issue receipt on received membership gees and contributions. An authorized person in a political party shall directly deposit received membership fees and contributions to the transaction account of the political party no later than 10 days following the receipt of the payment. (5) Services referred to in paragraph (2) of this Article shall not mean voluntary work of party’s volunteers." Source: Aricle 5, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
Regular limits apply, the value of the in-kind contributions is calculated with the rest Source
"(1) For the purpose of this Law, membership fee shall only be regular amount paid by a member of a political party in the manner and under conditions set by its Statute or any other act. (2) For the purpose of this Law, a contribution made to the political party shall be occasional or regular payments by which natural persons or legal entities give money to a political party in the amount higher than membership fee, as well as providing services and giving products to a political party free of charge. (3) Legal entities or natural persons that provide service or sell a product to a political party must issue an invoice to the party, which will indicate market value of donated product or provided service, and which will be issued to the name of political party indicating that it is not subject to the payment. (4) Political parties shall be obligated to keep a record on paid membership fees and contributions, as well as to issue receipt on received membership gees and contributions. An authorized person in a political party shall directly deposit received membership fees and contributions to the transaction account of the political party no later than 10 days following the receipt of the payment. (5) Services referred to in paragraph (2) of this Article shall not mean voluntary work of party’s volunteers." Source: Aricle 5, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments)
"The provisions of this Law referring to contributions, prohibition of financing and favoring, and monitoring and financial transactions shall be appropriately applied to lists of independent candidates and independent candidates." Source: Aricle 18, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
23. Is there a ban on political parties engaging in commercial activities? |
Code
Sometimes
Comment
The party may only carry out culture related or publishing activities Source
"(1) A political party may obtain funds from the following: a) Membership fee; b) Contributions from legal entities and natural persons; c) Publishing activities, selling propaganda material and organizing party events; d) Incomes generated by property owned by political party; e) The budget of Bosnia and Herzegovina in accordance with the Article 7 of this Law, entities' budgets, cantonal budgets and the budget of Brčko District of BiH, and from budgets of other units of local government and self-government in accordance with the law; f) Profit from the income of the enterprise owned by political party. (2) Enterprise referred to in paragraph (1), point f) of this Article may only carry out culturerelated or publishing activities. (3) Annual income of the party referred to in paragraph (1), points d) and f) of this Article may not exceed 20% of the amount of the total annual incomes of the party." Source: Aricle 3, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
Yes
Source
"(1) Any political pressure to natural persons and legal entities regarding contributions to political parties is prohibited. (2) Political parties shall not be financed by getting a loan from the banks." Source: Aricle 9, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
Yes
Source
"(1) Any political pressure to natural persons and legal entities regarding contributions to political parties is prohibited. (2) Political parties shall not be financed by getting a loan from the banks." Source: Aricle 9, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) "The provisions of this Law referring to contributions, prohibition of financing and favoring, and monitoring and financial transactions shall be appropriately applied to lists of independent candidates and independent candidates." Source: Aricle 18, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
|
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
Not necessarily directly, but all donations and contributions need to be deposited within 10 days to the bank account after recieving Source
"(1) Natural persons and legal entities may give contributions to political parties once or several times in a calendar year. (2) The contributions shall be paid to the transaction account of the political party’s headquarters." Source: Aricle 6, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Source
"(1) The budget of institutions of Bosnia and Herzegovina and international obligations of Bosnia and Herzegovina (hereinafter: the budget) ensures the funds for political party financing, namely for financing coalitions of political parties and independent candidates represented in the Parliamentary Assembly of BiH and parliamentary groups, namely the delegates‘ and representatives‘ clubs in the Parliamentary Assembly of BiH. (2) The total funds referred to in paragraph (1) of this Article cannot exceed the amount of 0.2% of the BiH budget in a calendar year. (3) The funds from the budget are allocated to political parties, namely to the coalitions of political parties in the manner that: a) 30% of the total amount of funds is equally distributed to all political parties, namely the coalitions of political parties that won the mandate, b) 60% of the total amount is distributed equivalent to the number of delegates' mandates that each political party, coalition of political parties, and/or independent candidate hold at the time of allocation. c) 10% of the total amount is distributed to parliamentary groups proportional to the number of seats belonging to less represented gender (4) The members of a coalition of political parties shall participate in distribution of the funds referred to in paragraph 3 of this Law pursuant to an Agreement for distribution of funds, deposited with the BiH Central Election Commission, and if such an agreement does not exist, the funds are allocated between the coalition’s members according to the number of won mandates. (5) Parliamentary groups, namely clubs of delegates and envoys and independent candidates in Parliamentary Assembly of Bosnia and Herzegovina participate in the distribution of funds referred to in paragraph (3) of this Article, according to the number of mandates in the both houses of the Parliamentary Assembly of BiH. (6) The joint commission for administrative tasks of the Parliamentary Assembly of Bosnia and Herzegovina shall in their regulations devise a detailed method for allocation of these funds, control of expenditures and other financial issues related to implementation of this law." Source: Aricle 7, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
a) 30% of the total amount of funds is equally distributed to all political parties, namely the coalitions of political parties that won the mandate, b) 60% of the total amount is distributed equivalent to the number of delegates' mandates that each political party, coalition of political parties, and/or independent candidate hold at the time of allocation. c) 10% of the total amount is distributed to parliamentary groups proportional to the number of seats belonging to less represented gender Source
"(1) The budget of institutions of Bosnia and Herzegovina and international obligations of Bosnia and Herzegovina (hereinafter: the budget) ensures the funds for political party financing, namely for financing coalitions of political parties and independent candidates represented in the Parliamentary Assembly of BiH and parliamentary groups, namely the delegates‘ and representatives‘ clubs in the Parliamentary Assembly of BiH. (2) The total funds referred to in paragraph (1) of this Article cannot exceed the amount of 0.2% of the BiH budget in a calendar year. (3) The funds from the budget are allocated to political parties, namely to the coalitions of political parties in the manner that: a) 30% of the total amount of funds is equally distributed to all political parties, namely the coalitions of political parties that won the mandate, b) 60% of the total amount is distributed equivalent to the number of delegates' mandates that each political party, coalition of political parties, and/or independent candidate hold at the time of allocation. c) 10% of the total amount is distributed to parliamentary groups proportional to the number of seats belonging to less represented gender (4) The members of a coalition of political parties shall participate in distribution of the funds referred to in paragraph 3 of this Law pursuant to an Agreement for distribution of funds, deposited with the BiH Central Election Commission, and if such an agreement does not exist, the funds are allocated between the coalition’s members according to the number of won mandates. (5) Parliamentary groups, namely clubs of delegates and envoys and independent candidates in Parliamentary Assembly of Bosnia and Herzegovina participate in the distribution of funds referred to in paragraph (3) of this Article, according to the number of mandates in the both houses of the Parliamentary Assembly of BiH. (6) The joint commission for administrative tasks of the Parliamentary Assembly of Bosnia and Herzegovina shall in their regulations devise a detailed method for allocation of these funds, control of expenditures and other financial issues related to implementation of this law." Source: Aricle 7, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Equal
Proportional to seats received
Comment
a) 30% of the total amount of funds is equally distributed to all political parties, namely the coalitions of political parties that won the mandate, b) 60% of the total amount is distributed equivalent to the number of delegates' mandates that each political party, coalition of political parties, and/or independent candidate hold at the time of allocation. c) 10% of the total amount is distributed to parliamentary groups proportional to the number of seats belonging to less represented gender Source
"(1) The budget of institutions of Bosnia and Herzegovina and international obligations of Bosnia and Herzegovina (hereinafter: the budget) ensures the funds for political party financing, namely for financing coalitions of political parties and independent candidates represented in the Parliamentary Assembly of BiH and parliamentary groups, namely the delegates‘ and representatives‘ clubs in the Parliamentary Assembly of BiH. (2) The total funds referred to in paragraph (1) of this Article cannot exceed the amount of 0.2% of the BiH budget in a calendar year. (3) The funds from the budget are allocated to political parties, namely to the coalitions of political parties in the manner that: a) 30% of the total amount of funds is equally distributed to all political parties, namely the coalitions of political parties that won the mandate, b) 60% of the total amount is distributed equivalent to the number of delegates' mandates that each political party, coalition of political parties, and/or independent candidate hold at the time of allocation. c) 10% of the total amount is distributed to parliamentary groups proportional to the number of seats belonging to less represented gender (4) The members of a coalition of political parties shall participate in distribution of the funds referred to in paragraph 3 of this Law pursuant to an Agreement for distribution of funds, deposited with the BiH Central Election Commission, and if such an agreement does not exist, the funds are allocated between the coalition’s members according to the number of won mandates. (5) Parliamentary groups, namely clubs of delegates and envoys and independent candidates in Parliamentary Assembly of Bosnia and Herzegovina participate in the distribution of funds referred to in paragraph (3) of this Article, according to the number of mandates in the both houses of the Parliamentary Assembly of BiH. (6) The joint commission for administrative tasks of the Parliamentary Assembly of Bosnia and Herzegovina shall in their regulations devise a detailed method for allocation of these funds, control of expenditures and other financial issues related to implementation of this law." Source: Aricle 7, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
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
Source
"(1) The public electronic media shall present political entities in an equal and fair manner and shall inform the public of all issues related to the campaign and the election process during 30 days prior to the Election Day. (2) The public electronic media shall provide free broadcast time for direct access by political entities during 30 days prior to the Election Day. (3) No conduct of a paid election campaign shall be allowed by way of electronic and printed media, or any form of paid public advertising, except for the holding of internal gatherings of authorities and statutory bodies of the political entities, within the period between the day when elections are announced and the day of official start of the election campaign. No conduct of an election campaign shall be allowed by way of electronic and printed media where the contents are stereotype and offensive against men and/or women or which encourages any stereotype and offensive behavior on the grounds of gender or any humiliating attitude against the members of different genders. (4) The regulations of the Central Election Commission of BIH shall determine the amount of broadcast time to be allocated to the political entities, the broadcast time and duration of the broadcast, as well as the geographic regions covered by the broadcasts. (5) The public electronic media shall provide equal conditions for paid political advertisements of political parties in the duration of maximum 30 minutes per week during 30 days prior to the Election Day." Source: Aricle 16.14, BiH Election Law 2001, consolidated version (with 2016 amendments) |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Other
Comment
Free fair and balanced media coverage in public media Source
"(1) The public electronic media shall present political entities in an equal and fair manner and shall inform the public of all issues related to the campaign and the election process during 30 days prior to the Election Day. (2) The public electronic media shall provide free broadcast time for direct access by political entities during 30 days prior to the Election Day. (3) No conduct of a paid election campaign shall be allowed by way of electronic and printed media, or any form of paid public advertising, except for the holding of internal gatherings of authorities and statutory bodies of the political entities, within the period between the day when elections are announced and the day of official start of the election campaign. No conduct of an election campaign shall be allowed by way of electronic and printed media where the contents are stereotype and offensive against men and/or women or which encourages any stereotype and offensive behavior on the grounds of gender or any humiliating attitude against the members of different genders. (4) The regulations of the Central Election Commission of BIH shall determine the amount of broadcast time to be allocated to the political entities, the broadcast time and duration of the broadcast, as well as the geographic regions covered by the broadcasts. (5) The public electronic media shall provide equal conditions for paid political advertisements of political parties in the duration of maximum 30 minutes per week during 30 days prior to the Election Day." Source: Aricle 16.14, BiH Election Law 2001, consolidated version (with 2016 amendments) |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Source
"(1) The public electronic media shall present political entities in an equal and fair manner and shall inform the public of all issues related to the campaign and the election process during 30 days prior to the Election Day. (2) The public electronic media shall provide free broadcast time for direct access by political entities during 30 days prior to the Election Day. (3) No conduct of a paid election campaign shall be allowed by way of electronic and printed media, or any form of paid public advertising, except for the holding of internal gatherings of authorities and statutory bodies of the political entities, within the period between the day when elections are announced and the day of official start of the election campaign. No conduct of an election campaign shall be allowed by way of electronic and printed media where the contents are stereotype and offensive against men and/or women or which encourages any stereotype and offensive behavior on the grounds of gender or any humiliating attitude against the members of different genders. (4) The regulations of the Central Election Commission of BIH shall determine the amount of broadcast time to be allocated to the political entities, the broadcast time and duration of the broadcast, as well as the geographic regions covered by the broadcasts. (5) The public electronic media shall provide equal conditions for paid political advertisements of political parties in the duration of maximum 30 minutes per week during 30 days prior to the Election Day." Source: Aricle 16.14, BiH Election Law 2001, consolidated version (with 2016 amendments) |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
Public spaces are reserved for campaigning Source
"(1) The competent bodies are obliged to ensure equitable treatment of political parties, coalitions, lists of independent candidates certified for participation in elections and independent candidates in their requests to use public places and public facilities for campaign purposes, including holding meetings, display of notices, placards, and posters and other materials which have such purpose." Source: Aricle 7.2, BiH Election Law 2001, consolidated version (with 2016 amendments) |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Yes
Comment
10% of the public funding budget is distributed to parliamentary groups proportional to the number of seats belonging to less represented gender Source
"(1) The budget of institutions of Bosnia and Herzegovina and international obligations of Bosnia and Herzegovina (hereinafter: the budget) ensures the funds for political party financing, namely for financing coalitions of political parties and independent candidates represented in the Parliamentary Assembly of BiH and parliamentary groups, namely the delegates‘ and representatives‘ clubs in the Parliamentary Assembly of BiH. (2) The total funds referred to in paragraph (1) of this Article cannot exceed the amount of 0.2% of the BiH budget in a calendar year. (3) The funds from the budget are allocated to political parties, namely to the coalitions of political parties in the manner that: a) 30% of the total amount of funds is equally distributed to all political parties, namely the coalitions of political parties that won the mandate, b) 60% of the total amount is distributed equivalent to the number of delegates' mandates that each political party, coalition of political parties, and/or independent candidate hold at the time of allocation. c) 10% of the total amount is distributed to parliamentary groups proportional to the number of seats belonging to less represented gender." Source: Aricle 7, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments)
|
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
Not allowed to promise any financial reward or other material gain with the purpose of gaining support of voters Source
"(1) Candidates and supporters of political parties, lists of independent candidates, list of members of national minorities and coalitions, as well as independent candidates and their supporters, and election administration officials or those otherwise hired in the election administration are not allowed to: 1. carry or display weapons at political meetings, Polling Stations and the surrounding area, or during any gatherings related to the activities of political parties, coalitions, list of independent candidates and independent candidates in the election process; 2. disturb gatherings of other political parties, coalitions and independent candidates, as well as to incite others to conduct such activities; 3. prevent journalists from carrying out their duties, in accordance with the rights of their profession and the election rules; 4. promise any financial reward or other material gain with the purpose of gaining support of voters, or to threaten supporters of other political parties, coalitions, list of independent candidates or independent candidates; 5. induce a person to vote who does not have the legal right to vote; 6. induce a person to vote more than once in the same election, or to vote in the name of another person; or 7. use language which could provoke or incite someone to violence or spread hatred, or to publish or use pictures, symbols, audio and video recordings, SMS messages, Internet communications or any other materials that could have such effect. (2) Impersonating any political party, coalition, list of independent candidates or independent candidate is prohibited." Source: Aricle 7.3, BiH Election Law 2001, consolidated version (with 2016 amendments) |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Source
"(1) The Central Election Commission of BiH shall announce the number of voters for each constituency within seven days of the day of completion of the Central Voters Register. The number of voters shall serve as a basis to determine a maximum amount that a political entity shall be allowed to spend for financing the election campaign (2) The maximum amount allowed to be spent for financing the election campaign shall represent a result of the multiplication of the number of voters in all constituencies in which the political entity referred to in paragraph (1) of this Article has a list of candidates by: 1. 0.30 KM ……………………… for the elections of Head of Municipality/City Mayor and members of the Municipal Council/Assembly 2. 0.20 KM ……………………….. for the elections of members of Cantonal Assemblies 3. 0.30 KM ……………………….….. for the elections of members of the RS National Assembly and the House of Representatives of the Federation Parliament 4. 0.30 KM …………………………….. for the elections of members of the Parliamentary Assembly of BIH 5. 0.30 KM ………………………………. for the elections of members of the Presidency of BiH 6. 0.30 KM ………………………………… for the elections of President and Vice-President of the Republika Srpska. (3) For the elections referred to in paragraph (2), item 1 of this Article, in the municipalities with less than 3,000 voters recorded in the Central Voter Register, it shall be considered that 3,000 voters are registered. (4) If the elections are repeated in a constituency, or in the Polling Station, the costs of the election campaign per voter can increase by up to 30% of the costs of the elections annulled in the electoral unit or the polling." Source: Aricle 15.10, BiH Election Law 2001, consolidated version (with 2016 amendments) |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Limit based on number of voters and type of election: 0.20 KM per voter for the elections of members of Cantonal Assemblies, 0.30 KM per voter for all other elections
Source
"(1) The Central Election Commission of BiH shall announce the number of voters for each constituency within seven days of the day of completion of the Central Voters Register. The number of voters shall serve as a basis to determine a maximum amount that a political entity shall be allowed to spend for financing the election campaign (2) The maximum amount allowed to be spent for financing the election campaign shall represent a result of the multiplication of the number of voters in all constituencies in which the political entity referred to in paragraph (1) of this Article has a list of candidates by: 1. 0.30 KM ……………………… for the elections of Head of Municipality/City Mayor and members of the Municipal Council/Assembly 2. 0.20 KM ……………………….. for the elections of members of Cantonal Assemblies 3. 0.30 KM ……………………….….. for the elections of members of the RS National Assembly and the House of Representatives of the Federation Parliament 4. 0.30 KM …………………………….. for the elections of members of the Parliamentary Assembly of BIH 5. 0.30 KM ………………………………. for the elections of members of the Presidency of BiH 6. 0.30 KM ………………………………… for the elections of President and Vice-President of the Republika Srpska. (3) For the elections referred to in paragraph (2), item 1 of this Article, in the municipalities with less than 3,000 voters recorded in the Central Voter Register, it shall be considered that 3,000 voters are registered. (4) If the elections are repeated in a constituency, or in the Polling Station, the costs of the election campaign per voter can increase by up to 30% of the costs of the elections annulled in the electoral unit or the polling." Source: Aricle 15.10, BiH Election Law 2001, consolidated version (with 2016 amendments) |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Source
"(1) The Central Election Commission of BiH shall announce the number of voters for each constituency within seven days of the day of completion of the Central Voters Register. The number of voters shall serve as a basis to determine a maximum amount that a political entity shall be allowed to spend for financing the election campaign (2) The maximum amount allowed to be spent for financing the election campaign shall represent a result of the multiplication of the number of voters in all constituencies in which the political entity referred to in paragraph (1) of this Article has a list of candidates by: 1. 0.30 KM ……………………… for the elections of Head of Municipality/City Mayor and members of the Municipal Council/Assembly 2. 0.20 KM ……………………….. for the elections of members of Cantonal Assemblies 3. 0.30 KM ……………………….….. for the elections of members of the RS National Assembly and the House of Representatives of the Federation Parliament 4. 0.30 KM …………………………….. for the elections of members of the Parliamentary Assembly of BIH 5. 0.30 KM ………………………………. for the elections of members of the Presidency of BiH 6. 0.30 KM ………………………………… for the elections of President and Vice-President of the Republika Srpska. (3) For the elections referred to in paragraph (2), item 1 of this Article, in the municipalities with less than 3,000 voters recorded in the Central Voter Register, it shall be considered that 3,000 voters are registered. (4) If the elections are repeated in a constituency, or in the Polling Station, the costs of the election campaign per voter can increase by up to 30% of the costs of the elections annulled in the electoral unit or the polling." Source: Aricle 15.10, BiH Election Law 2001, consolidated version (with 2016 amendments) |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Limit based on number of voters and type of election: | 0.20 KM per voter for the elections of members of Cantonal Assemblies, | 0.30 KM per voter for all other elections
Source
"(1) The Central Election Commission of BiH shall announce the number of voters for each constituency within seven days of the day of completion of the Central Voters Register. The number of voters shall serve as a basis to determine a maximum amount that a political entity shall be allowed to spend for financing the election campaign (2) The maximum amount allowed to be spent for financing the election campaign shall represent a result of the multiplication of the number of voters in all constituencies in which the political entity referred to in paragraph (1) of this Article has a list of candidates by: 1. 0.30 KM ……………………… for the elections of Head of Municipality/City Mayor and members of the Municipal Council/Assembly 2. 0.20 KM ……………………….. for the elections of members of Cantonal Assemblies 3. 0.30 KM ……………………….….. for the elections of members of the RS National Assembly and the House of Representatives of the Federation Parliament 4. 0.30 KM …………………………….. for the elections of members of the Parliamentary Assembly of BIH 5. 0.30 KM ………………………………. for the elections of members of the Presidency of BiH 6. 0.30 KM ………………………………… for the elections of President and Vice-President of the Republika Srpska. (3) For the elections referred to in paragraph (2), item 1 of this Article, in the municipalities with less than 3,000 voters recorded in the Central Voter Register, it shall be considered that 3,000 voters are registered. (4) If the elections are repeated in a constituency, or in the Polling Station, the costs of the election campaign per voter can increase by up to 30% of the costs of the elections annulled in the electoral unit or the polling." Source: Aricle 15.10, BiH Election Law 2001, consolidated version (with 2016 amendments) |
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
"(1) Financing political parties shall be prohibited to: a) State, entity and cantonal bodies, bodies of Brčko District of BiH, and city and municipal bodies, b) Public institutions, c) Public enterprises, d) Humanitarian organizations, e) Anonymous donators, f) Religious communities, g) Labor unions, associations and other non-profit organizations, which are financed by public funds regardless of the amount, h) Legal entities in which invested capital amounts at least 25%, i) Other states, foreign parties and foreign legal entities. (2) The prohibition referred to in paragraph (1), point a) of this article shall not relate to use of business premises, which are used by political parties pursuant to the decision of a competent body. (3) Exceptionally, financing prohibition referred to paragraph (1), point i) of this Article does not refer to financing educational programs, aimed at developing and promoting democratic goals. (4) Private enterprises that closed contract on public procurement of services, contract on public procurement of goods or public procurement of work with the bodies of executive authorities at all levels in BiH in accordance with the regulations on public procurement in BiH, cannot financially support political parties if the value of the contract in one calendar year exceeds the amount of 10.000,00 KM (ten thousand convertible marks). (5) Political parties cannot obtain any incomes from property that is not owned by them. (6) It is prohibited to give contributions in cash or in kind contributions through third persons (by a proxy). (7) Likely contributions paid from sources prohibited in paragraph (1) and (6) of this Article to the account of a political party, as well as contributions exceeding the amount set in Article 6 of this Article, and possible payments of contributions by anonymous sources, shall be paid to the BiH budget by a political party, no later than eight days following receipt of such contributions." Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
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
"(1) Political party keeps a record on its incomes and expenditures. A political party shall be obliged to submit with the Central Election Commission of Bosnia and Herzegovina a financial report for each calendar year (accounting year). (2) A political party shall include all benefits acquired from activities of the entities that are in any way related to the political party or are under its control in its financial report. (3) A political party shall submit a special financial report for the period of election campaign in the manner set by the Election Law of Bosnia and Herzegovina. (4) Political parties shall submit the financial report in a form approved by the Central Election Commission of Bosnia and Herzegovina by March 31 of the following year. This report contains information set by the BiH Election Law. The Central Election Commission of Bosnia and Herzegovina shall enact rules for implementation of the provisions establishing content, form, manner and other details of reporting. (5) All persons obliged to submit the report, must also submit additional reports as reasonably requested by the Central Election Commission of Bosnia and Herzegovina. (6) The Central Election Commission of Bosnia and Herzegovina shall be entirely authorized to implement and execute provisions of this Article in a manner provided by the Election Law of Bosnia and Herzegovina." Source: Aricle 12, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments)
|
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
"(1) Political party keeps a record on its incomes and expenditures. A political party shall be obliged to submit with the Central Election Commission of Bosnia and Herzegovina a financial report for each calendar year (accounting year). (2) A political party shall include all benefits acquired from activities of the entities that are in any way related to the political party or are under its control in its financial report. (3) A political party shall submit a special financial report for the period of election campaign in the manner set by the Election Law of Bosnia and Herzegovina. (4) Political parties shall submit the financial report in a form approved by the Central Election Commission of Bosnia and Herzegovina by March 31 of the following year. This report contains information set by the BiH Election Law. The Central Election Commission of Bosnia and Herzegovina shall enact rules for implementation of the provisions establishing content, form, manner and other details of reporting. (5) All persons obliged to submit the report, must also submit additional reports as reasonably requested by the Central Election Commission of Bosnia and Herzegovina. (6) The Central Election Commission of Bosnia and Herzegovina shall be entirely authorized to implement and execute provisions of this Article in a manner provided by the Election Law of Bosnia and Herzegovina." Source: Aricle 12, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
"A political party and independent candidate that participates in the elections for bodies of authority at all levels in BiH shall be obliged to file with the Central Election Commission of BiH, at the time of submission of the application for certification to participate in the elections a financial report for the period beginning three months prior to the date of submission. In addition, no later than thirty (30) days after the election results are published in the Official Gazette of BIH, a financial report shall be submitted to the Central Election Commission of BiH for the period beginning on the day of submission of the application for certification until the certification of the results. " Source: Aricle 15.1, BiH Election Law 2001, consolidated version (with 2016 amendments)
|
50. Do third parties have to report on election campaign finances? |
Code
Third parties are banned from participating in campaigns
Source
"(1) Financing political parties shall be prohibited to: a) State, entity and cantonal bodies, bodies of Brčko District of BiH, and city and municipal bodies, b) Public institutions, c) Public enterprises, d) Humanitarian organizations, e) Anonymous donators, f) Religious communities, g) Labor unions, associations and other non-profit organizations, which are financed by public funds regardless of the amount, h) Legal entities in which invested capital amounts at least 25%, i) Other states, foreign parties and foreign legal entities. (2) The prohibition referred to in paragraph (1), point a) of this article shall not relate to use of business premises, which are used by political parties pursuant to the decision of a competent body. (3) Exceptionally, financing prohibition referred to paragraph (1), point i) of this Article does not refer to financing educational programs, aimed at developing and promoting democratic goals. (4) Private enterprises that closed contract on public procurement of services, contract on public procurement of goods or public procurement of work with the bodies of executive authorities at all levels in BiH in accordance with the regulations on public procurement in BiH, cannot financially support political parties if the value of the contract in one calendar year exceeds the amount of 10.000,00 KM (ten thousand convertible marks). (5) Political parties cannot obtain any incomes from property that is not owned by them. (6) It is prohibited to give contributions in cash or in kind contributions through third persons (by a proxy). (7) Likely contributions paid from sources prohibited in paragraph (1) and (6) of this Article to the account of a political party, as well as contributions exceeding the amount set in Article 6 of this Article, and possible payments of contributions by anonymous sources, shall be paid to the BiH budget by a political party, no later than eight days following receipt of such contributions." Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Source
"(1) A political party shall be obligated to appoint an authorized person responsible for submission of the reports and record-keeping, and who shall be authorized to contact the Central Election Commission of Bosnia and Herzegovina. (2) Applicant shall inform the Central Election Commission of Bosnia and Herzegovina about appointing the authorized person referred to in paragraph 1 of this Article within 15 days following his/her appointment, and in case of any change in the status of that person, they shall be obliged to inform the BiH Central Election Commission about that change within 15 days. (3) The authorized person shall sign all reports and shall be responsible for record-keeping regarding the reports, and the authorized person must submit reports for consideration upon the request by the Central Election Commission of Bosnia and Herzegovina. (4) The political parties shall keep their financial reports at least six (6) years following submission. (5) The Central Election Commission of Bosnia and Herzegovina shall make all reports accessible to the public through its web page and shall take appropriate measures in order to ensure access to reports’ information for all citizens. (6) A political party shall be obligated to publicize origin and manner of spending the fund collected throughout previous calendar year (accounting year). Statement of accounts and financial report listing in detail sources of incomes, information on natural and legal entities that made contributions, and the information about the purpose, i.e. activities for which the funds were spent, are public documents and shall be published on the political party’s website." Source: Aricle 13, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
For all in-kind contributions, and contributions exceeding 100 convertible marks Source
"A political party and independent candidate that participates in the elections for bodies of authority at all levels in BiH shall be obliged to file with the Central Election Commission of BiH, at the time of submission of the application for certification to participate in the elections a financial report for the period beginning three months prior to the date of submission. In addition, no later than thirty (30) days after the election results are published in the Official Gazette of BIH, a financial report shall be submitted to the Central Election Commission of BiH for the period beginning on the day of submission of the application for certification until the certification of the results. These reports shall contain the following: 1. All cash at hand; 2. All income and disbursements based on: memberships; transparent contributions from abroad; contributions from individual and legal entities; contributions in the form of goods and services (hereinafter referred to as “in-kind contributions”); returns on its own assets and entrepreneurial activities in accordance with provisions of the Law on Political Party Financing; credits; loans; donations; rebates; refunds; other operating expenditures; and other sources for the reporting period as determined by the Central Election Commission of BiH; 3. Identification of the person or source of any payment and in-kind contribution, as well as the identification of a person who received that payment, in excess of one hundred (100) convertible marks, together with the date and amount of any such receipt; 4. The total amount of all account payables and total amount of disbursements in the following categories: costs for printing and distribution of posters, printing costs for preelection announcements, statements and so on, in the public media, organizational and operational costs for organizing rallies, costs for printing, reproducing and delivering pre-election materials directly to voters, and 5. the amount and nature of outstanding debts and obligations owed by or to the person who files a report and where such debts and obligations are settled for less than their reported amount or value, a statement as to the circumstances and conditions under which such debts or obligations were extinguished. " Source: Aricle 15.1, BiH Election Law, consolidated version (with 2016 amendments)
|
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
"A political party and independent candidate that participates in the elections for bodies of authority at all levels in BiH shall be obliged to file with the Central Election Commission of BiH, at the time of submission of the application for certification to participate in the elections a financial report for the period beginning three months prior to the date of submission. In addition, no later than thirty (30) days after the election results are published in the Official Gazette of BIH, a financial report shall be submitted to the Central Election Commission of BiH for the period beginning on the day of submission of the application for certification until the certification of the results. These reports shall contain the following: 1. All cash at hand; 2. All income and disbursements based on: memberships; transparent contributions from abroad; contributions from individual and legal entities; contributions in the form of goods and services (hereinafter referred to as “in-kind contributions”); returns on its own assets and entrepreneurial activities in accordance with provisions of the Law on Political Party Financing; credits; loans; donations; rebates; refunds; other operating expenditures; and other sources for the reporting period as determined by the Central Election Commission of BiH; 3. Identification of the person or source of any payment and in-kind contribution, as well as the identification of a person who received that payment, in excess of one hundred (100) convertible marks, together with the date and amount of any such receipt; 4. The total amount of all account payables and total amount of disbursements in the following categories: costs for printing and distribution of posters, printing costs for preelection announcements, statements and so on, in the public media, organizational and operational costs for organizing rallies, costs for printing, reproducing and delivering pre-election materials directly to voters, and 5. the amount and nature of outstanding debts and obligations owed by or to the person who files a report and where such debts and obligations are settled for less than their reported amount or value, a statement as to the circumstances and conditions under which such debts or obligations were extinguished. " Source: Aricle 15.1, BiH Election Law, consolidated version (with 2016 amendments) |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Source
"(1) A political party shall be obligated to appoint an authorized person responsible for submission of the reports and record-keeping, and who shall be authorized to contact the Central Election Commission of Bosnia and Herzegovina. (2) Applicant shall inform the Central Election Commission of Bosnia and Herzegovina about appointing the authorized person referred to in paragraph 1 of this Article within 15 days following his/her appointment, and in case of any change in the status of that person, they shall be obliged to inform the BiH Central Election Commission about that change within 15 days. (3) The authorized person shall sign all reports and shall be responsible for record-keeping regarding the reports, and the authorized person must submit reports for consideration upon the request by the Central Election Commission of Bosnia and Herzegovina. (4) The political parties shall keep their financial reports at least six (6) years following submission. (5) The Central Election Commission of Bosnia and Herzegovina shall make all reports accessible to the public through its web page and shall take appropriate measures in order to ensure access to reports’ information for all citizens. (6) A political party shall be obligated to publicize origin and manner of spending the fund collected throughout previous calendar year (accounting year). Statement of accounts and financial report listing in detail sources of incomes, information on natural and legal entities that made contributions, and the information about the purpose, i.e. activities for which the funds were spent, are public documents and shall be published on the political party’s website." Source: Aricle 13, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Source
"A political party and independent candidate that participates in the elections for bodies of authority at all levels in BiH shall be obliged to file with the Central Election Commission of BiH, at the time of submission of the application for certification to participate in the elections a financial report for the period beginning three months prior to the date of submission. In addition, no later than thirty (30) days after the election results are published in the Official Gazette of BIH, a financial report shall be submitted to the Central Election Commission of BiH for the period beginning on the day of submission of the application for certification until the certification of the results. " Source: Aricle 15.1, BiH Election Law 2001, consolidated version (with 2016 amendments) |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Source
") The Central Election Commission of Bosnia and Herzegovina shall be authorized to investigate all cases where the provisions of this law were not acted upon, and it may order certain persons to provide their written answers in order to ensure documented and other evidence, and to obtain witnesses’ statements regarding the investigation eventually initiated by the Central Election Commission of Bosnia and Herzegovina. The Central Election Commission of Bosnia and Herzegovina may independently or upon a filed complaint initiate an investigation or undertake appropriate measures." Source: Aricle 14, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
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
Request additional information from others
Impose sanctions
Source
"(1) The Central Election Commission of Bosnia and Herzegovina shall be authorized to investigate all cases where the provisions of this law were not acted upon, and it may order certain persons to provide their written answers in order to ensure documented and other evidence, and to obtain witnesses’ statements regarding the investigation eventually initiated by the Central Election Commission of Bosnia and Herzegovina. The Central Election Commission of Bosnia and Herzegovina may independently or upon a filed complaint initiate an investigation or undertake appropriate measures. (2) The Central Election Commission of Bosnia and Herzegovina shall be responsible for implementation of the provisions of this Law, and it shall be authorized to decided as to whether a political party or other person is in breach of this Law, as well as to pronounce sanctions to any political party for non-compliance with the mentioned provisions or to undertake necessary administrative measures within its jurisdiction under this Law. (3) The Central Election Commission of Bosnia and Herzegovina shall strive for a political party found in breach of these provisions to voluntarily act according to these provisions and remove observed shortcomings, if they can be removed, before it pronounces a sanction or undertakes administrative measures. (4) The Central Election Commission shall report any suspicion of criminal offence that can be brought into connection with financing of political parties and election campaign to the competent Prosecutor’s Office and other law enforcement agencies." Source: Aricle 14, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |
58. What sanctions are provided for political finance infractions? |
Code
Source
"(1) Financing political parties shall be prohibited to: a) State, entity and cantonal bodies, bodies of Brčko District of BiH, and city and municipal bodies, b) Public institutions, c) Public enterprises, d) Humanitarian organizations, e) Anonymous donators, f) Religious communities, g) Labor unions, associations and other non-profit organizations, which are financed by public funds regardless of the amount, h) Legal entities in which invested capital amounts at least 25%, i) Other states, foreign parties and foreign legal entities. (2) The prohibition referred to in paragraph (1), point a) of this article shall not relate to use of business premises, which are used by political parties pursuant to the decision of a competent body. (3) Exceptionally, financing prohibition referred to paragraph (1), point i) of this Article does not refer to financing educational programs, aimed at developing and promoting democratic goals. (4) Private enterprises that closed contract on public procurement of services, contract on public procurement of goods or public procurement of work with the bodies of executive authorities at all levels in BiH in accordance with the regulations on public procurement in BiH, cannot financially support political parties if the value of the contract in one calendar year exceeds the amount of 10.000,00 KM (ten thousand convertible marks). (5) Political parties cannot obtain any incomes from property that is not owned by them. (6) It is prohibited to give contributions in cash or in kind contributions through third persons (by a proxy). (7) Likely contributions paid from sources prohibited in paragraph (1) and (6) of this Article to the account of a political party, as well as contributions exceeding the amount set in Article 6 of this Article, and possible payments of contributions by anonymous sources, shall be paid to the BiH budget by a political party, no later than eight days following receipt of such contributions." Source: Aricle 8, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) "A financial penalty in the amount from 500 KM (five hundred convertible marks) to 10.000 KM (ten thousand convertible marks) shall be pronounced for the violation to: a) a political party that used the funds contrary to the provision of Article 4, paragraph (1) and (2) of this Law, b) a political parties that failed to keep records on received membership fees and contributions and that failed to issue a receipt on received fees and contributions in accordance with provision of Article 5, paragraph (4) of this Article, c) a political party that is financed by obtaining a loan from banks; d) a political party that gets the funds from the sources that are not set forth in Article 3 of this Law; e) for violating provisions of Article 9 of this Law; f) a political party for failing to keep records on its incomes and expenditures in line with the regulations; g) a political party for failing to submit prescribed financial reports in line with the BiH Election Law (Article 12, paragraph 3); h) a political party for failing to submit financial reports in line with this Law (Article 12, paragraph 4); i) a political party for failing to submit additional financial reports (Article 12, paragraph 5): j) a political party for failing to appoint a person authorized to submit reports and to contact the BiH Central Election Commission (Article 13), k) a political party for failing to inform the BiH CEC within fifteen days following appointment of the authorized person or any other changes of the authorized person’s status. (2) A financial penalty in the amount from 200 KM (two hundred convertible marks) to 2.000 KM (two thousand convertible marks) shall be pronounced to a natural person for the offence referred to in paragraph 1 of this Article." Source: Aricle 19, LAW ON POLITICAL PARTY FINANCING 2012 (with 2016 amendments) |