Political Finance Database

Guinea-Bissau

Guinea-Bissau

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
Source

Art. 24.2 Political parties may not receive, for whatever purpose, contributions and pecuniary value of non-national natural or legal persons, without prejudice to article 22'
Source: Law of Political Parties, Law No. 2/91, 1991

2. Is there a ban on donations from foreign interests to candidates?
Code
Yes
Source

Art 46.2. 'Direct funding of election campaigns by foreign governments and foreign governmental organizations is prohibited.'

Source Lei nr 3/98

3. Is there a ban on corporate donations to political parties?
Code
No
4. Is there a ban on corporate donations to candidates?
Code
Yes
Source

'The law forbids the direct financing of election campaigns by foreign governments or government institutions and allows contributions only from supporters,
candidates and income from electoral activities.'

Source EU EOM Final Report 2009

5. Is there a ban on donations from Trade Unions to political parties?
Code
No
6. Is there a ban on donations from Trade Unions to candidates?
Code
Yes
Source

T'he law forbids the direct financing of election campaigns by foreign governments or government institutions and allows contributions only from supporters,
candidates and income from electoral activities.'

Source EU EOM Final Report 2009

7. Is there a ban on anonymous donations to political parties?
Code
No
8. Is there a ban on anonymous donations to candidates?
Code
No
9. Is there a ban on donations from corporations with government contracts to political parties?
Code
No
10. Is there a ban on donations from corporations with government contracts to candidates?
Code
Yes
Source

Art 24.1 'Autonomous State bodies, associations of public law, institute and public enterprises, local authorities and legal persons of administrative public utility are not allowed to finance or subsidize political parties.'

Source Lei nr 02/91

11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
Yes
Source

ARTICLE 22 (SOURCES OF FUNDING)
1. The activities of political parties shall be financed essentially by:
a) General contributions or quotas of members;
b) Special contributions of the holders of remunerated political positions;
c) Income from own assets and activities;
d) Credits;
e) Donations;
f) Annual allowance granted to political parties with seats in the National People's Congress.'

Sources LEI N.º 2/91

12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
No data
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
Yes
Source

 

Art 29.3 '3. Public authorities and private legal persons should provide applicants with equal treatment so that they can carry out their campaign freely and in the best possible conditions.
Art 32 'The exercise of political propaganda is prohibited in: a) Military and militarized unit; b) Places of Worship; c) Hospitals and hospitals;
d) Public institutions and work centers during the normal period of operation; e) Teaching institutions during the class period.
Art. 39.1 Obligations of informational publications - 1. Public informational periodicals shall ensure equal treatment of the various applications.

Source Lei nr 3/98

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
Code
No
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
Code
Not applicable
16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
No
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
Code
Not applicable
18. Is there a limit on the amount a donor can contribute to a candidate?
Code
No
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
Not applicable
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
Code
No
21. Is there a limit on in-kind donations to political parties?
Code
No
22. Is there a limit on in-kind donations to candidates?
Code
No
23. Is there a ban on political parties engaging in commercial activities?
Code
No
24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
Source

ARTICLE 22 (SOURCES OF FUNDING)
1. The activities of political parties shall be financed essentially by:
a) General contributions or quotas of members;
b) Special contributions of the holders of remunerated political positions;
c) Income from own assets and activities;
d) Credits;
e) Donations;
f) Annual allowance granted to political parties with seats in the National People's Congress.'

Sources LEI N.º 2/91

25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
Source

ARTICLE 22 (SOURCES OF FUNDING)
1. The activities of political parties shall be financed essentially by:
a) General contributions or quotas of members;
b) Special contributions of the holders of remunerated political positions;
c) Income from own assets and activities;
d) Credits;
e) Donations;
f) Annual allowance granted to political parties with seats in the National People's Congress.'

Sources LEI N.º 2/91

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No data
27. Are there provisions requiring donations to go through the banking system?
Code
No
Question Value
28. Are there provisions for direct public funding to political parties?
Code
No public funding available
29. What are the eligibility criteria for political parties to receive public funding?
Code
Not applicable
30. What is the allocation calculation for political parties to receive public funding?
Code
Not applicable
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
Not applicable
32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
Source

ART 37 'Antenna Law 1. Candidates for the office of President of the Republic, Political Parties and Coalitions of Parties competing for legislative elections, have access to the media, namely radio and television, during the period of the electoral campaign: a) Radio: 10 minutes daily; b) Television: 5 minutes daily. 2. The broadcasting times provided for in the preceding paragraph refer to each candidate for the position of President of the Republic and, in the case of the legislative elections, for each Political Party or Coalitions of Parties. 3. In the case of the second round in the presidential elections, each candidate shall have the airtime provided for in paragraph 1.

Source Lei nr 3/98

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
  • Equal
  • Other
Source

Art 38 Distribution 1. The distribution of the order of use of the antenna times shall be made by lot by the National Elections Commission, 7 days before the opening of the campaigns. 2. Once the order provided in the previous number has been determined, there will be a daily rotation of the order of antenna usage, so that each candidate has a different time on each day. 3. The use of airtime is free during the election campaign. 4. However, the costs of magnetic recording of broadcast materials shall be borne by the applicants.

Sources Lei nr 39/8

34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Source

ART 37 'Antenna Law 1. Candidates for the office of President of the Republic, Political Parties and Coalitions of Parties competing for legislative elections, have access to the media, namely radio and television, during the period of the electoral campaign: a) Radio: 10 minutes daily; b) Television: 5 minutes daily. 2. The broadcasting times provided for in the preceding paragraph refer to each candidate for the position of President of the Republic and, in the case of the legislative elections, for each Political Party or Coalitions of Parties. 3. In the case of the second round in the presidential elections, each candidate shall have the airtime provided for in paragraph 1.

Source Lei nr 3/98

35. Are there provisions for any other form of indirect public funding?
Code
Yes
Source

ART 26 'BENEFITS TO BE GRANTED BY THE STATE-
1. Political parties shall enjoy the following tax exemptions:
a) Tax for the acquisition of buildings necessary for the installation of its delegation and services by the transmissions resulting from merger or demerger;
b) Tax on successions and donations;
c) Property tax for the taxable income of buildings owned by it where its national headquarters and its provincial, regional or sectoral offices and their services are located;
d) Duties and other customs duties on materials and equipment imported and destined to its first installation.

Sources Lei nr 2/92

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
Not applicable
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
Code
No
Question Value
38. Is there a ban on vote buying?
Code
Yes
Source

ART 165 'Electoral Corruption -Who, to persuade someone to vote or to cease voting on any list, Party, Party Coalition or candidate, offer or promise public or private employment or any equity advantage one or, voters or by agreement with another interposed person, even that the things offered or promised are concealed by way of pecuniary aid to defray expenses of any kind, shall be punished by imprisonment for two to eight years.'

Source Lei nr 3/98

39. Are there limits on the amount a political party can spend?
Code
No
40. If there are limits on the amount a political party can spend, what is the limit?
Code
Not applicable
41. Are there limits on the amount a candidate can spend?
Code
No
42. If there are limits on the amount a candidate can spend, what is the limit?
Code
Not applicable
43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
No
44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
No
45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No data
46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No data
Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Source

Art 25 ' 1. The political parties shall report annually on the accounts and shall disclose the revenue and expenditure indicating the origin of the former and the application of the latter, as well as the situation of the assets.'

Source Lei nr 2/91

 

48. Do political parties have to report on their election campaign finances?
Code
Yes
Source

Art 49 'Supervision and Performance of Accounts
1. The entities competing for the elections must, within a maximum period of 30 days after the official proclamation of the results of the ballot, give detailed accounts of their electoral campaign to the National Election Commission and publish them in the Official Gazette.'

Source Lei nr 3/98

49. Do candidates have to report on their election campaign finances?
Code
Yes
Source

Art 49 'Supervision and Performance of Accounts
1. The entities competing for the elections must, within a maximum period of 30 days after the official proclamation of the results of the ballot, give detailed accounts of their electoral campaign to the National Election Commission and publish them in the Official Gazette.'

Source Lei 3/98

50. Do third parties have to report on election campaign finances?
Code
No data
51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
Source

Art 25.2 The parties 'accounts are published in the Official Gazette and may be submitted to the accountants' experts by decision of the Supreme Court of Justice.'

Source Lei nr 2/91

Art 49 'Supervision and Performance of Accounts
1. The entities competing for the elections must, within a maximum period of 30 days after the official proclamation of the results of the ballot, give detailed accounts of their electoral campaign to the National Election Commission and publish them in the Official Gazette.'

Source Lei nr 3/98

52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
No
Source

Art 49 'Supervision and Performance of Accounts
1. The entities competing for the elections must, within a maximum period of 30 days after the official proclamation of the results of the ballot, give detailed accounts of their electoral campaign to the National Election Commission and publish them in the Official Gazette.'

Source Lei nr 3/98

53. Must reports from political parties and/or candidates include information on itemized income?
Code
No
54. Must reports from political parties and/or candidates include information on itemized spending?
Code
No
55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
EMB
Source

Art 49 'Supervision and Performance of Accounts
1. The entities competing for the elections must, within a maximum period of 30 days after the official proclamation of the results of the ballot, give detailed accounts of their electoral campaign to the National Election Commission and publish them in the Official Gazette.'

Source Lei nr 3/98

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
EMB
Source

Art 49 '2. The National Election Commission must assess within a maximum of 60 days the regularity of revenues and expenses and publish their opinion in the Official Gazette.
3. If the National Electoral Commission finds any irregularities in the accounts, it must notify the respective entity to regularize them within 15 days. On these new accounts should the National Elections Commission, pronounce within ten days.'

Source Lei nr 3/98 

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
No data
58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Prison
  • Loss of public funding
  • Loss of political rights
  • Other
Source

Art 154 'Violation of duties of neutrality and impartiality The holders of organs and agents of the State, legal persons governed by public law, goods in the public domain of public works and public or mixed undertakings which infringe the obligations of neutrality and impartiality before the various candidatures and political parties, shall be punished with imprisonment from six months to two years and a fine of 154,000 to 231,000 FCFA.'

ART 165 'Election Corruption - Any person who, in order to persuade anyone to vote or to cease voting on any list, Party, Party Coalition or candidate, offer or promise public or private employment or any equity advantage, another interposed person, even if the things offered or promised are concealed as pecuniary aid to defray expenses of any kind, shall be punished by imprisonment for two to eight years.'

Art 178 'Non-presentation of Accounts
Failure to submit an accounting, in accordance with article 49, subjects the following sanctions to the following sanctions, without prejudice to any civil and criminal liability: a) Cessation of all subsidies to which the political parties and parliamentary benches are entitled by law , and of any other State support; b) Prohibition of the members of the leadership of the parties to create or integrate other political formations; c) Prohibition to run for future elections of any kind.'

Source Lei nr 3/98

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