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Bosnia and Herzegovina

2016

2018

Bans and limits on private income

Public funding

Regulations of spending

Reporting, oversight and sanctions

Question	Value
1. Is there a ban on donations from foreign interests to political parties?	Code Yes Comment .
2. Is there a ban on donations from foreign interests to candidates?	Code Yes Comment At least independent candidates.
3. Is there a ban on corporate donations to political parties?	Code No Comment .
4. Is there a ban on corporate donations to candidates?	Code No
5. Is there a ban on donations from Trade Unions to political parties?	Code Yes Comment .
6. Is there a ban on donations from Trade Unions to candidates?	Code Yes Comment .
7. Is there a ban on anonymous donations to political parties?	Code Yes Comment However, a loophole in the law allows parties to accept cash donations up to 100 KM anonymously.
8. Is there a ban on anonymous donations to candidates?	Code Yes Comment .
9. Is there a ban on donations from corporations with government contracts to political parties?	Code Yes Source Art 8.4, "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)." (Source: Law on Political Party Financing of Bosnia and Herzegovina 2012) "The national Law on political party financing bans political parties from receiving funds from administrative bodies on all levels (national, entity, cantonal, district, municipality), public institutions, public companies, associations and organisations who are financed from public funds, legal entities with more than 25% of invested public capital." (Source: Money, Politics and Transparency. 2016. Available at: https://data.moneypoliticstransparency.org/countries/BA/)
10. Is there a ban on donations from corporations with government contracts to candidates?	Code Yes Source Art 8.4, "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)." Art 18, "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: Law on Political Party Financing of Bosnia and Herzegovina 2012)
11. Is there a ban on donations from corporations with partial government ownership to political parties?	Code Yes Source Art 8.4, "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)." (Source: Law on Political Party Financing of Bosnia and Herzegovina 2012) "The national Law on political party financing bans political parties from receiving funds from administrative bodies on all levels (national, entity, cantonal, district, municipality), public institutions, public companies, associations and organisations who are financed from public funds, legal entities with more than 25% of invested public capital." (Source: Money, Politics and Transparency. 2016. Available at: https://data.moneypoliticstransparency.org/countries/BA/)
12. Is there a ban on donations from corporations with partial government ownership to candidates?	Code Yes Source Art 8.4, "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)." Art 18, "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: Law on Political Party Financing of Bosnia and Herzegovina 2012)
13. Is there a ban on the use of state resources in favour or against a political party or candidate?	Code Yes Comment There is a ban on campaigning inside or outside of the buildings of government authorities at all levels, public enterprises, public institutions and local communities, and on religious facilities, on public roads and in public areas, except for the places designated for distribution of posters and advertising.
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 Art 6, "(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: Law on Political Party Financing of Bosnia and Herzegovina 2012)
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 Annual limit is 10,000 KM [I$12,100] (natural person), or 15,000KM [I$ 18,100], incl. membership fee for members, 50,000 KM [I$60,400] (legal person).
16. Is there a limit on the amount a donor can contribute to a political party during an election?	Code No Comment Regular limit applies Source Art 6, "(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: Law on Political Party Financing of Bosnia and Herzegovina 2012)
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 Comment No special limit of contribution in relation to elections exists.
18. Is there a limit on the amount a donor can contribute to a candidate?	Code Yes, for both natural and legal persons Comment However, there is no supervision of candidates' accounts, therefore it is impossible to ensure that the rules are respected in practice. Source "The Law on Political Party Financing prescribes that the total amount of contributions made by an individual to a political party must not exceed the amount of 10.000,00 KM (cca 6900 USD). (...)in a calendar year (...) the overall amount must not exceed the limit. (...) According to the article 18 of the The Law on Political Party Financing, the same rules and limits are applying to the donations given to independent candidates. By this logic, contributions to candidates are also limited. Note, however, there is no supervision of candidates' accounts, therefore it is impossible to ensure that the rules are respected in practice." (Source: Money, Politics and Transparency. 2016. Available at: https://data.moneypoliticstransparency.org/countries/BA/)
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?	Code Natural persons: 10.000 KM/year. Legal entities: 50.000 KM/year.
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
21. Is there a limit on in-kind donations to political parties?
22. Is there a limit on in-kind donations to candidates?
23. Is there a ban on political parties engaging in commercial activities?
24. Is there a ban on political parties taking loans in relation to election campaigns?
25. Is there a ban on candidates taking loans in relation to election campaigns?
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
27. Are there provisions requiring donations to go through the banking system?

Question	Value
28. Are there provisions for direct public funding to political parties?	Code Yes, both regularly and in relation to campaigns Comment Regular funding and election campaign funding ?provided in entity Republika Srpska, and in Br?ko District BiH
29. What are the eligibility criteria for political parties to receive public funding?	Code Representation in elected body Comment Funding is only available to parties represented in elected bodies at any level.
30. What is the allocation calculation for political parties to receive public funding?	Code Equal Proportional to seats received Comment 30% equally, 60% proportionally by seats; 10% distributed in proportion to the number of seats held by the 'less represented gender'.
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?	Code No Comment .
32. Are there provisions for free or subsidized access to media for political parties?	Code Yes Comment Public electronic media shall provide free air time for political entities 30 days prior to the Election Day.
33. What criteria determine allocation for free or subsidized access to media for political parties?	Code Equal Comment In public media, the EMB decides allocation.? Private electronic media may provide free broadcast time for political parties, during 30 days prior to the Election Day, but only on equal conditions.
34. Are there provisions for free or subsidized access to media for candidates?	Code Yes Comment Public electronic media shall provide free air time to political entities (including independent candidates) during 30 days prior to the Election Day.
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 Yes Comment 10% of public funds are distributed to parties in proportion to the number of seats held by the 'less represented gender'. See more in International IDEA's Political Finance database
37. Are there provisions for other financial advantages to encourage gender equality in political parties?	Code Other Comment 10% of total funds are distributed to parliamentary groups in proportion to the number of seats held by the less-represented gender.

Question	Value
38. Is there a ban on vote buying?	Code Yes
39. Are there limits on the amount a political party can spend?	Code Yes Comment The maximum amount that political entities are allowed to spend to finance their election campaigns are determined by the number of voters in each electoral district.
40. If there are limits on the amount a political party can spend, what is the limit?	Code Limit depends on the number of voters and type of election.
41. Are there limits on the amount a candidate can spend?	Code Yes Comment As political entities, independent candidates are subject to a spending ban.
42. If there are limits on the amount a candidate can spend, what is the limit?	Code Limit depends on the number of voters and type of election. Comment It depends on the number of voters and the type of election.
43. Are there limits on the amount that third parties can spend on election campaign activities?
44. Are there limits on traditional media advertising spending in relation to election campaigns?
45. Are there limits on online media advertising spending in relation to election campaigns?
46. Do any other restrictions on online media advertisement (beyond limits) exist?

Question	Value
47. Do political parties have to report regularly on their finances?	Code Yes
48. Do political parties have to report on their election campaign finances?	Code Yes
49. Do candidates have to report on their election campaign finances?	Code Yes Comment Independent candidates only.?
50. Do third parties have to report on election campaign finances?
51. Is information in reports from political parties and/or candidates to be made public?	Code Yes Comment Both annual and election campaign reports.
52. Must reports from political parties and/or candidates reveal the identity of donors?	Code Yes Comment .
53. Must reports from political parties and/or candidates include information on itemized income?
54. Must reports from political parties and/or candidates include information on itemized spending?
55. Which institution(s) receives financial reports from political parties and/or candidates?	Code EMB Comment The Central Election Commission receives both annual and campaign finance reports.
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?	Code EMB Comment The Central Election Commission?
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
58. What sanctions are provided for political finance infractions?	Code Fines Forfeiture Comment If a political party has received funds in excess of the allowed annual income or contribution limit or in prohibited manner, the Central Election Commission can fine the parties (not exceeding three times the unlawfully received sum).

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