E. Rules on the financing of political parties

1. Donations

At the same time, intentionally hiding donations by splitting them is punishable by fine under Article 38 par 3. Although this is certainly useful, it is noted here that the fact that the draft Act allows, in Article 35 c and d respectively, and up to a certain amount, both anonymous donations (the donor being unknown to all) and confidential donations (the donor being known only to the political party) may make it rather difficult for the regulator to find out whether anyone has in fact engaged in splitting donations, and, may, more generally, impede the enforcement of other types of limitations or prohibitions on campaign finance contributions. It is recommended to remedy this in the draft Act by either forbidding anonymous/confidential donations in the draft Act, or by requiring disclosure of such donations to the regulator.