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Haiti

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 No Source "The financial resources of a political party come from: a) membership fees; b) contributions and donations made by a natural or legal person; (c) grants received from the public treasury; d) revenues from their publications; e) the benefits of the social activities it organizes; f) Citizen contributions obtained from fundraising campaign by all modern means of communication; (g) financial support from institutions, foundations and sister parties; They cannot receive other donations from the organs of the Executive, the Parliament or the Judiciary, local or territorial authorities, decentralized or decentralized autonomous bodies. They cannot benefit directly or indirectly from resources or means belonging to to the State, other than regularly allocated funding." Source: Article 34, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014 "Parties can finance their activities with the contributions and donations of natural or moral persons who are not related to unlawful activities." Source: Article 43, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014)
2. Is there a ban on donations from foreign interests to candidates?	Code No Comment BLANK Source BLANK
3. Is there a ban on corporate donations to political parties?	Code No Comment BLANK Source "The financial resources of a political party come from: a) membership fees; b) contributions and donations made by a natural or legal person; (c) grants received from the public treasury; d) revenues from their publications; e) the benefits of the social activities it organizes; f) Citizen contributions obtained from fundraising campaign by all modern means of communication; (g) financial support from institutions, foundations and sister parties; They cannot receive other donations from the organs of the Executive, the Parliament or the Judiciary, local or territorial authorities, decentralized or decentralized autonomous bodies. They cannot benefit directly or indirectly from resources or means belonging to to the State, other than regularly allocated funding." Source: Article 34, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014 "Les partis peuvent financer leurs activités avec les contributions et dons de personnes physiques ou morales non liées aux activités illicites." Source: Article 43, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014
4. Is there a ban on corporate donations to candidates?	Code No Comment BLANK Source BLANK
5. Is there a ban on donations from Trade Unions to political parties?	Code No Comment BLANK Source BLANK
6. Is there a ban on donations from Trade Unions to candidates?	Code No Comment BLANK Source BLANK
7. Is there a ban on anonymous donations to political parties?	Code Yes Source "Thirty (30) days after the proclamation of the final results, every legal representative of every party group or political entity must provide the CEP with a detailed and complete list of all donations and donors as well as the financial report of the campaign, signed by an approved accountant." Source: Article 135, Decret Electoral, 2015
8. Is there a ban on anonymous donations to candidates?	Code No data Comment BLANK Source BLANK
9. Is there a ban on donations from corporations with government contracts to political parties?	Code No data Comment BLANK Source BLANK
10. Is there a ban on donations from corporations with government contracts to candidates?	Code No data Comment BLANK Source BLANK
11. Is there a ban on donations from corporations with partial government ownership to political parties?	Code No data Comment BLANK Source BLANK
12. Is there a ban on donations from corporations with partial government ownership to candidates?	Code No data Comment BLANK Source BLANK
13. Is there a ban on the use of state resources in favour or against a political party or candidate?	Code No data Comment BLANK Source BLANK
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 Comment BLANK Source "[...] Annual contributions and donations made by a natural person can not be higher than two million (2,000,000.00) gourdes. Annual contributions and donations made by a legal person cannot be superior to ten million (10,000,000.00) gourdes." Source: Article 43 , Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014 "Both election donations and expenses are capped [...], but only excess spending for election campaigns is punishable." (EU EOM Haiti Final Report 2015)
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 for natural persons: 2,000,000.00 gourdes; for legal persons: 10,000,000.00 gourdes. Comment BLANK Source Source: Article 43 , Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014
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 BLANK Source "During a electoral campaign: "Any donation, in whatever form, made to a candidate, a political party or a political entity by a natural or a legal person is tax-deductible for the donor [...]." Source: Article 130, Decret Electoral, 2015
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 During a political campaign: "Any donation, in whatever form, made to a candidate, political party or group policy by a natural or legal person is tax-deductible for the donor, following the legal procedures in force. This amount can not be greater than a) Seven million five hundred thousand gourdes (Gdes 7,500,000.00) for a political party or a political grouping; b) Five million gourdes (Gdes 5,000,000.00) for the presidential candidate; c) Two million gourdes (GD 2,000,000.00) for the candidate in the Senate; d) One million gourdes (Gdes 1,000,000.00) for a candidate for the deputation; e) Five hundred thousand gourdes (Gdes 500,000.00) for the candidate cartel at the Municipality; f) Two hundred thousand gourdes (Gdes 200,000.00) for other elective offices. The above ceilings may be revised by notice of the Provisional Electoral Council three (3) months before the start of the election campaign taking into account the inflation index." Comment BLANK Source Source: Article 130, Decret Electoral, 2015
18. Is there a limit on the amount a donor can contribute to a candidate?	Code Yes, for both natural and legal persons Source During a political campaign: "Any donation, in whatever form, made to a candidate, political party or group policy by a natural or legal person is tax-deductible for the donor, following the legal procedures in force. This amount can not be greater than a) Seven million five hundred thousand gourdes (Gdes 7,500,000.00) for a political party or a political grouping; b) Five million gourdes (Gdes 5,000,000.00) for the presidential candidate; c) Two million gourdes (GD 2,000,000.00) for the candidate in the Senate; d) One million gourdes (Gdes 1,000,000.00) for a candidate for the deputation; e) Five hundred thousand gourdes (Gdes 500,000.00) for the candidate cartel at the Municipality; f) Two hundred thousand gourdes (Gdes 200,000.00) for other elective offices. The above ceilings may be revised by notice of the Provisional Electoral Council three (3) months before the start of the election campaign taking into account the inflation index. "Source: Article 130, Decret Electoral, 2015
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?	Code During a political campaign: "Any donation, in whatever form, made to a candidate, political party or group policy by a natural or legal person is tax-deductible for the donor, following the legal procedures in force. This amount can not be greater than a) Seven million five hundred thousand gourdes (Gdes 7,500,000.00) for a political party or a political grouping; b) Five million gourdes (Gdes 5,000,000.00) for the presidential candidate; c) Two million gourdes (GD 2,000,000.00) for the candidate in the Senate; d) One million gourdes (Gdes 1,000,000.00) for a candidate for the deputation; e) Five hundred thousand gourdes (Gdes 500,000.00) for the candidate cartel at the Municipality; f) Two hundred thousand gourdes (Gdes 200,000.00) for other elective offices. The above ceilings may be revised by notice of the Provisional Electoral Council three (3) months before the start of the election campaign taking into account the inflation index." Comment BLANK Source Source: Article 130, Decret Electoral, 2015
20. Is there a limit on the amount a candidate can contribute to their own election campaign?	Code No data Comment BLANK Source BLANK
21. Is there a limit on in-kind donations to political parties?	Code Yes Comment In-kind contributions from private sources designated for electoral campaigns are considered as equal to financial contributions and are subject to the same limits. Source "In-kind donations to a candidate, to a political party or a political entity are deemed as donations subject to the provisions of this section and must be accounted for and integrated the financial report of the campaign." Source: Article 130, Decret Electoral, 2015
22. Is there a limit on in-kind donations to candidates?	Code Yes Comment Limits applicable to in-kind donations are included in a candidate's overall spending limits. Source BLANK
23. Is there a ban on political parties engaging in commercial activities?	Code No data Comment BLANK Source BLANK
24. Is there a ban on political parties taking loans in relation to election campaigns?	Code No data Comment BLANK Source BLANK
25. Is there a ban on candidates taking loans in relation to election campaigns?	Code No data Comment BLANK Source BLANK
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?	Code No Comment BLANK Source BLANK
27. Are there provisions requiring donations to go through the banking system?	Code Yes Comment BLANK Source “Unless it is a donation in kind , any donation exceeding fifty thousand gourdes (Gdes 50,000.00) must be made by check or bank transfer.” Source: Article 133, Decret Electoral, 2015

Question	Value
28. Are there provisions for direct public funding to political parties?	Code Yes, both regularly and in relation to campaigns Source In relation to regular party operations: "The State devotes a yearly amount equivalent to one percent (1%) of the resources national budget in support of the operation of legally recognized political parties. " Source: Article 36, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014 "Public funding must be used to pay regular expenses, dissemination of a party's political project, coordination of the political actions of their members and provision of training for members. Source: Article 39, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014 "Public funding of a political party is reduced by ten percent (10%) in the following year, if for a year it does not carry out any training activities. Source: Article 50, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014 In relation to electoral campaign spending: "On the occasion of electoral competitions, the State grants political parties, groups, elected candidates a grant to assist them in carrying out their election campaigns. Source: Article 125, Decret Electoral, 2015 "The amount of the subsidy to be granted to the concerned parties, political groups and approved candidates, will be determined by the Provisional Electoral Council [...]" Source: Article 126, Decret Electoral, 2015 "No financial subsidies will be allocated to independent candidates." Source: Article 126.1, Decret Electoral, 2015
29. What are the eligibility criteria for political parties to receive public funding?	Code Share of votes in previous election Share of seats in previous election Number of candidates nominated Comment BLANK Source "On the occasion of national consultations, based on the proportion of votes obtained, the State covers a part of the expenses incurred during the electoral campaigns. Eligible parties are those which have obtained ten per cent (10%) of the votes cast at the national level and five per cent (5%) of regional suffrage." Source: Article 281 & 281.1, La Constitution de 1987 Amendée, 2011 "The total amount of public funding granted to political parties for their regular operations is distributed as follows: a) sixty percent (60%) is distributed equally between the political parties that participated in the last elections and of which: 1. ten (10) representatives are elected to Parliament, or; 2. thirty (30) representatives are elected to the boards of directors of municipalities or communal sections; or; 3. five (5) representatives are elected to Parliament and twenty (20) representatives to the Councils administration of communes or communal sections; (b) thirty-five percent (35%) is divided among the political parties in proportion to their representation in Parliament; (c) Five percent (5%) is divided among political parties according to the number of female candidates elected; d) For the regional parties, three (3) representatives are elected to municipal councils, to the council administration of the communal sections or as a member of the assemblies of the sections or two (2) representatives in Parliament." Source: Article 37 , Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014 Only parties who propose an agreed candidate (s) are elegible. "On the occasion of electoral competitions, the State provides the political parties, groups and elected candidates with a grant in order to assist them in carrying out their electoral campaign." Source: Article 125, Decret Electoral, 2015
30. What is the allocation calculation for political parties to receive public funding?	Code Equal Comment BLANK Source "Every political party has the right to free access to public media and equal treatment within the framework of its broadcast." Source: Article 47, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?	Code Ongoing party activities Comment BLANK Source "Allocated public funding should be used to pay current expenses, dissemination of the parties' political project, coordination of the political action of their members and to ensure training of members." Source: Article 39, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014
32. Are there provisions for free or subsidized access to media for political parties?	Code Yes Comment BLANK Source "Every political party has the right to free access to public media and equal treatment within the framework of its broadcast. Coverage of their statutory and public events and the circulation of their press releases are ensured by public information bodies [...]." Source: Article 47, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014 "The Electoral Law determines the modalities for media coverage of election campaigns." Source: Article 48, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014
33. What criteria determine allocation for free or subsidized access to media for political parties?	Code Other Comment BLANK Source "The value of the grant to be allocated to parties, political groups and approved candidates will be determined by the Provisional Electoral Council based on the envelope allocated for this purpose by the State." Source: Article 126 , Decret Electoral, 2015
34. Are there provisions for free or subsidized access to media for candidates?	Code No data Comment BLANK Source BLANK
35. Are there provisions for any other form of indirect public funding?	Code Yes Comment BLANK Source "All contributions and donations to political parties are tax deductible." Source: Article 45, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?	Code Yes Comment "During parliamentary elections, a political party or political group which presents at least fifty percent (50%) of female candidates and succeeds in electing half of them will benefit from a twenty-five percent (25%) increase in public funding at the next legislative election." Source: Article 129 , Decret Electoral, 2015
37. Are there provisions for other financial advantages to encourage gender equality in political parties?	Code Yes, reduced nomination fee Comment "The party or political group that registers 30% of women will benefit from a 40% discount on registration fees." Source: Article 92.1, Decret Electoral, 2015

Question	Value
38. Is there a ban on vote buying?	Code Yes Comment BLANK Source "Is punished by imprisonment from six (6) months to three (3) years and a fine of thirty thousand (30,000) to one hundred thousand (100,000) gourdes, any person who has influenced or to attempted to influence or buy the votes of one or more voters." Source: Article 201.2, Decret Electoral, 2015
39. Are there limits on the amount a political party can spend?	Code Yes Comment BLANK Source In the context of private financing of political campaigns, the law states that: "To ensure a fair balance between competitors, an expenditure ceiling is set for each level of the Electoral Assembly." Source: Article 135.1, Decret Electoral, 2015
40. If there are limits on the amount a political party can spend, what is the limit?	Code In the context of private financing of political campaigns, the law states that: "The ceiling for each level is as follows: a) For a candidate for the post of Presidenthe t of the Republic, one hundred million gourdes (100,000,000); b) For a candidate for the post of the Senator, twenty million gourdes (Gdes 20,000,000); (c) For a candidate for the office of Deputy, one million five hundred thousand gourdes (Gdes 1,500,000); d) For the post of a Mayor, one million gourdes (Gdes 1,000,000); (e) For a post of CASEC, two hundred and fifty thousand gourdes (Gdes 250,000); f) For a candidate for ASEC, one hundred thousand gourdes (Gdes 100,000)." Comment BLANK Source Source: Article 135.1 , Decret Electoral, 2015
41. Are there limits on the amount a candidate can spend?	Code Yes Comment BLANK Source In the context of private financing of political campaigns, the law states that: "To ensure a fair balance between competitors, an expenditure ceiling is set for each level of the Electoral Assembly." Source: Article 135.1, Decret Electoral, 2015
42. If there are limits on the amount a candidate can spend, what is the limit?	Code In the context of private financing of political campaigns, the law states that: "The ceiling for each level is as follows: a) For a candidate for the post of Presidenthe t of the Republic, one hundred million gourdes (100,000,000); b) For a candidate for the post of the Senator, twenty million gourdes (Gdes 20,000,000); (c) For a candidate for the office of Deputy, one million five hundred thousand gourdes (Gdes 1,500,000); d) For the post of a Mayor, one million gourdes (Gdes 1,000,000); (e) For a post of CASEC, two hundred and fifty thousand gourdes (Gdes 250,000); f) For a candidate for ASEC, one hundred thousand gourdes (Gdes 100,000). " Comment BLANK Source Source: Article 135.1, Decret Electoral, 2015
43. Are there limits on the amount that third parties can spend on election campaign activities?	Code No data Comment BLANK Source BLANK
44. Are there limits on traditional media advertising spending in relation to election campaigns?	Code No data Comment BLANK Source BLANK
45. Are there limits on online media advertising spending in relation to election campaigns?	Code No data Comment BLANK Source BLANK
46. Do any other restrictions on online media advertisement (beyond limits) exist?	Code No data Comment BLANK Source BLANK

Question	Value
47. Do political parties have to report regularly on their finances?	Code Yes Comment BLANK Source In relation to public funding for everyday operations of political parties : "The Ministry of Finance shall make monthly payments as of the acceptance of quarterly expenditure reports submitted by political parties." Source: Article 38, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014 "Allocated public funding must be used to pay for regular expenses, dissemination of the parties' political projects, coordination of political actions of their members and provision of training for members."Source: Article 39, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014 "Every political party must submit an annual detailed report, accompanied by supporting documents. The report is to be submitted to the Ministry of Finance." Source: Article 40, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014 "The Ministry of Finance publishes, in the Official Journal of the Republic "The Monitor" or in a daily newspaper, the list of political parties which are eligible for funding [...]as well as the amount it will pay to each of these parties. Source: Article 41, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014 "At the end of each financial year, for control purposes, political parties shall submit a financial statement to the High Court of Accounts and Administrative Disputes." Source: Article 42, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014 "All parties shall submit to the Ministry of Finance a detailed and complete list of all donations of five hundred thousand (500,000.00) gourdes made by natural or legal persons. Any amount received must be recorded and recorded in the Party's books." Source: Article 44, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014 "Thirty (30) days after the publication of official election results, the party or political group having received a grant from the State is required to send a detailed financial statement to the Provisional Electoral Council (CEP) and the Ministry of Economy and Finance (MEF).The statement has to be sign ed by an approved accountant and be accompanied by supporting documents documenting all expenditure during an electoral campaing related to the grant.If the party or political group does not comply with this obligation, it is forbidden to engaged in political activity for at least five (5) years and at most ten (10) years, to be decided by the BCEN on convocation of the President of the CEP. After the thirty (30) day period [...], the Provisional Electoral Council or the Haitian State passes a legal case for misappropriation to the Criminal Court."(Article 128, Electoral Decree 2015) "Any party or political group that wishes to benefit from the provisions of Articles 28 1 and 281.1 ofthe amended 1987 Constitution must have its revenues and expenditures controlled by the of the Provisional Electoral Council." Source: Article 236, Decret Electoral, 2015
48. Do political parties have to report on their election campaign finances?	Code Yes Comment BLANK Source "Thirty (30) days after the declaration of final results, all legal representatives of a party or a political group are require to submit to CEP a detailed and complete list of donations and donors as well as a campaign's financial report signed by an approved accountant." Source: Article 135 , Decret Electoral, 2015
49. Do candidates have to report on their election campaign finances?	Code Yes Comment BLANK Source "No candidate may exceed the designated expenditure ceiling. Thirty (30) days after the proclamation of results, parties and candidates must send to the CEP their spending report accompanied by supporting documents.” Source: Article 135.2 , Decret Electoral, 2015
50. Do third parties have to report on election campaign finances?	Code No data Comment BLANK Source BLANK
51. Is information in reports from political parties and/or candidates to be made public?	Code No Comment BLANK Source BLANK
52. Must reports from political parties and/or candidates reveal the identity of donors?	Code Yes Comment BLANK Source “Thirty (30) days after the proclamation of final results, all legal representative of a party or a political group must send to the CEP a detailed and complete list of all donations and donors as well as a financial report of the campaign, signed by an authorized accountant.” Source: Article 135, Decret Electoral, 2015
53. Must reports from political parties and/or candidates include information on itemized income?	Code Yes Comment BLANK Source “Thirty (30) days after the proclamation of final results, all legal representative of a party or a political group must send to the CEP a detailed and complete list of all donations and donors as well as a financial report of the campaign, signed by an authorized accountant.”Source: Article 135, Decret Electoral, 2015
54. Must reports from political parties and/or candidates include information on itemized spending?	Code Yes Comment BLANK Source "No candidate may exceed the designated expenditure ceiling. Thirty (30) days after the proclamation of results, parties and candidates must send to the CEP their spending report accompanied by supporting documents.” Source: Article 135.2 , Decret Electoral, 2015
55. Which institution(s) receives financial reports from political parties and/or candidates?	Code EMB Ministry Comment BLANK Source "Every party or political group that wishes to benefit from the provisions of Articles 281 and 281.1 of the amended Constitution of 1987 must have its income and expenditure verified by the relevant services of the Provisional Electoral Council."Source: Article 236 , Decret Electoral, 2015 "Thirty (30) days after the publication of official results, the party or political group having received a grant from the State is required to send to the Provisional Electoral Council and the Ministry of Economy and Finance (MEF), a detailed financial statement signed by an approved accountant and accompanied by support documents for all expenditures relating to the grant and the political campaign.” Source: Article128, Decret Electoral, 2015
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?	Code Court Other Comment BLANK Source "At the end of each fiscal year, for control purposes, political parties are required to report to the High Court of Accounts and Administrative Disputes." Source: Article 42, Loi sur la formation, le fonctionnement et le financement des partis politiques, 2014 “Should a party or political group fail to comply with this obligation, it is consequently banned from political activity for at least five (5) years and not more than ten (10) years, pronounced by the National Electoral Complaints Office (BCEN) on convocation of the President of the Provisional Electoral Council (CEP). After a thirty (30) day period […], the Provisional Electoral Council or the Haitian State passes the case for embezzlement to the Criminal Court.” Source: Article 128 , Decret Electoral, 2015
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?	Code Impose sanctions Comment BLANK Source In relation to public funding for campaign activities: “Should a party or political group fail to comply with this obligation, it is consequently banned from political activity for at least five (5) years and not more than ten (10) years, pronounced by the National Electoral Complaints Office (BCEN) on convocation of the President of the Provisional Electoral Council (CEP). After a thirty (30) day period […], the Provisional Electoral Council or the Haitian State passes the case for embezzlement to the Criminal Court.” Source: Article 128 , Decret Electoral, 2015 "No candidate may exceed the designated expenditure ceiling. Thirty (30) days after the proclamation of results, parties and candidates must submit to the CEP a balance of expenditures with all support documents. Any offender incurs the following penalties: If it is a candidate, he: 1. Forfeit the right to vote for a period of two (2) to five (5) years; 2. Cannot be a candidate for an elective office; 3. Becomes stripped of his post should he be elected. If the concerned is a party or a political group, it will not be able to nominate candidates for elective office for a period of two (2) to (5) years. Source: Article 135.2, Decret Electoral, 2015
58. What sanctions are provided for political finance infractions?	Code Loss of public funding Loss of nomination of candidate Suspension of political party Other Comment BLANK Source “Should a party or political group fail to comply with this obligation, it is consequently banned from political activity for at least five (5) years and not more than ten (10) years, pronounced by the National Electoral Complaints Office (BCEN) on convocation of the President of the Provisional Electoral Council (CEP). After a thirty (30) day period […], the Provisional Electoral Council or the Haitian State passes the case for embezzlement to the Criminal Court.” Source: Article 128 , Decret Electoral, 2015 “Should a party or political group fail to comply with this obligation, it is consequently banned from political activity for at least five (5) years and not more than ten (10) years, pronounced by the National Electoral Complaints Office (BCEN) on convocation of the President of the Provisional Electoral Council (CEP).” Source: Article 128 , Decret Electoral, 2015 "Parties and political formations who have overstepped the spending limit for electoral campaigs will not be able to present a candidate for a period of two to five years. "S’il s’agit d’un parti ou groupement politique, il ne pourra pas présenter des candidats à une fonction élective pour une période allant de deux (2) à (5) ans." Source: Article 135.2, Decret Electoral, 2015 Sanctions to individual candidates who have overstepped the spending limit for electoral campaigs are as follows: "1. Forfeiture of the right to vote for a period of two (2) to five (5) years 2. Can not be a candidate for an elective office 3. If elected, he/she is stripped of the position." Source: Article 135.2 , Decret Electoral, 2015

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