Terms and Conditions of Financial Support for Electoral campaigns

(1) For financing the political parties, initiative groups and electoral campaigns may be used only financial resources derived from labour, entrepreneurial, scientific or creative activities undertaken by the the citizens of he Republic of Moldova both on the territory of the Republic of Moldova and abroad.

(2) Financing of the initiative groups and electoral campaigns of the electoral competitor, shall comply with the following requirements:

a) an electoral competitor shall open a bank account titled “Election Fund”, on which he/she may transfer his/her own funds as well as other funds received in accordance with the law from individuals – citizens of the Republic of Moldova, or from domestic legal persons, notifying the Central Electoral Commission about his/her Financial Agent (Treasurer). The electoral competitors themselves may not be appointed as Treasurers;

b) the account titled “Election Fund” may be opened also before the registration of the electoral competitor, provided that all the operations using this account are performed only after the registration of the electoral competitor;

c) the electoral competitor who does not open a bank account titled “Election Fund” shall inform the Central Electoral Commission about this and carry out only campaign and promotional electoral activities that do not require financing;

d) the overall ceiling of funds to be transferred to the electoral competitor “Election Fund” account, represent 0,05% from the revenues provided in the law of the state budget for that year ; the maximum ceilling for each constituency is determined by the Central Election Commission by multiplying the coefficient established by the Commission with the number of voters from the respective constituency taking ; the coefficient is calculated by dividing the general ceilling of financial means to the total number of voters from the country;

e) the ceilings for donations to the “Election Fund” account, for an electoral campaign, for individuals represent 6 monthly average salaries per economy per respective year, and, respectively, 12 monthly average salaries per economy per year for legal entities; in the case of citizens of the Republic of Moldova with incomes obtained from abroad, this ceilling may not exceed 3 average monthly salaries per economy per year ; in the case of citizens of the Republic of Moldova with the status of persons with public dignity positions, civil servants, including citizens having special status, or employees from the public organizations under the Law n°133/2016 on the declaration of wealth and personal interests, this ceilling may not exceed 10% of their annual income and it can not exceed 6 monthly average salaries per econonomy per respective year. Donations that don’t exceed this limit will be made exclusively through banking operations.

f) legal persons may donate money to the “Election Fund” account only via wire transfer, accompanied by a note on the non-existence of state, foreign or joint share in the social capital and by a statement of personal responsibility related to non-existence of restrictions set in letter d);

g) the legal person transferring money to the “Election Fund” account shall inform its shareholders or members about the performed operations;

h) donations provided in cash by individuals shall be accompanied by a filled in form enclosed to accounting documents of the supported electoral competitor. The Central Electoral Commission shall approve a sample of such form;

i) the Election Fund money can be used only after its declaration to the Central Electoral Commission or to the District Electoral Council, in case of independent candidates in local elections;

j) the money transferred to “Election Fund” accounts may not be used for private purposes.

(3) The activity of political parties, initiative groups, electoral competitors and/or of electoral campaigns is prohibited to be financed or supported financially by:

a) foreign legal persons, including joint venture entities, by other countries or international organisations, including international political organisations;

b) citizens of the Republic of Moldova under the age of 18 years and citizens that were applied a judicial protection measure in the form of custody;

d) public authorities, organisations, enterprises, public institutions, other legal persons funded from the public budget or having state-owned capital, except for the cases when the service or material support granted is specifically provided by legislation;

e) legal persons which three years before the launch of the electoral period, have conducted public procurement contracts on works, goods and services  under Law n° 131/2015 on public procurement, as well as by legal persons with foreign or joint capital ;

f) anomymous persons or persons acting on behalf of third parties ;

g) individuals who are not Moldovan citizens;

h) non-commercial organisations, trade unions, charity or religious organisations.

(4) All electoral campaign-related expenses shall be covered out of the “Election Fund” account.

(5) The electoral competitors shall be prevented from offering money to voters, disseminating material goods free-of-charge, including the ones received from humanitarian aid or from other charity actions.

(6) The provisions referred to in paragraph (5) shall not be applied to symbolic gifts, representing electoral or political advertising, paid out of the “Election Fund” means, bearing the logo of the electoral competitor, which market value does not exceed two conventional units.

(7) The bank in which “Election Fund” accounts are opened shall inform the Central Electoral Commission about the funds transferred to electoral competitors’ accounts on a daily basis or upon the Commission request.

(8) Within 5 days following the launch of the electoral period, the radio broadcasters are required to advertise the conditions under which they provide advertising space (including the price per minute) to electoral competitors, as well as other related services, having informed the Central Electoral Commission and the Audiovisual Coordinating Council to this end. The Central Electoral Commission shall post this information on its official website.

(9) The public authorities and institutions are required to support the Central Electoral Commission and the District Electoral Councils in their monitoring and control activity over compliance with the legislation on electoral campaign funding.

(10) The present Code provisions related to the conditions, manner, constraints and responsibility for financing of candidates’ electoral campaigns, the electoral competitors and referenda shall be applied to initiative groups in the appropriate way. The Central Electoral Commission shall approve the Regulation on financing of initiative groups, which collect signatures to support a candidate for an elective position or for initiating a referendum.