Rules on donations

(1) The donations to the initiative groups, to electoral competitors or participators in the referendum may be of the following types: a) cash donation from the activity of employee, entrepreneurial activity, scientific or creation activity carried out by citizens of the Republic of Moldova, scholarships, pensions, social benefits or other legal incomes, with the exception of social assistance; b) donations in the form of properties, goods, merchandise, objects or services offered free of charge or on more advantageous terms than the commercial or market value. Those donations are reflected according to the market value and fall within the limits of the donations set out in paragraph (4). In order to prevent the use of funds, by bypassing the accounts marked „Electoral Fund”/”Intended for initiative group”, it is prohibited to donate properties, goods, merchandise, objects or services, the final destination of which was adjusted during the electoral period, and involved the use of funds which are not reflected in the accounts marked „Electoral Fund”/”Intended for initiative group” for use in electoral campaigns.

(2) The initiative groups, the electoral competitors and the participants in the referendum have the right to accept cash donations only directly into the account marked „Electoral Fund”/”Intended for initiative group”.

(3) Political parties which have established initiative groups and/or nominated candidates in elections shall have the right only to accept donations directly into the account marked “Electoral Fund”/“Intended for the initiative group”, in accordance with the rules laid down in this Code. The political party may transfer to its account marked „Electoral Fund”/”Intended for initiative group” its own funds, held in its account at the date of the start of the electoral campaign or of the period for collecting signatures, under the condition of submitting the financial report to the Central Electoral Commission, indicating the data provided for in Article 58 (1).

(4) Donations may be made by natural and legal persons subject to the restrictions laid down in Article 54 (5), under the following terms:

1) natural persons who are citizens of the Republic of Moldova:

a) have the right to donate, during the period of activity of the initiative groups and during electoral campaigns up to 6 average monthly wages for the year in question, but not more than 30 % of their annual income recorded in the preceding calendar year;

b) in case they hold the position of public dignity, public servants, including officials with special status, or employees in public organisations under the Law No 133/2016 on the declaration of personal assets and interests, may make donations up to a maximum ceiling of 10 % of their annual income, but not more than 6 average monthly wages for the year in question;

c) if the donor receives only scholarships or other social benefits, the ceiling for the donation may not exceed one average monthly wage for the year in question;

d) shall make donations, in the course of a financial year, to one or more initiative groups, electoral competitors or participants in the referendum within the limits of the ceilings laid down in lit. a) to c);

e) shall make cash donations up to one average monthly wage for the year in question. Donations in cash may be used only after they have been deposited in the account marked „Electoral Fund”/”Intended for initiative group”. The procedure for the receiving and deposit of cash donations shall be established by the Central Electoral Commission;

f) shall make donations exceeding the limit laid down in lit. (e), but up to the ceilings laid down in lit. a) and b), exclusively by bank transfer. Donations by bank transfer shall be registered in the account marked „Electoral Fund”/”Intended for the initiative group”, under the provisions of Article 56 (10). In the case of foreign currency donations, made by transfer from bank accounts opened in foreign banks, the foreign currency shall be purchased by the bank and its equivalent in national currency shall be registered in the account marked „Electoral Fund”/”Intended for initiative group”;

2) legal persons:

a) shall make donations to the account marked “Electoral Fund” and “Intended for initiative group” cumulatively up to 12 average monthly wage for the year in question;

b) shall make money donations to the account marked “Electoral Fund”/“Intended for initiative group” only by transfer, together with an affidavit regarding the absence of the restrictions prescribed in Article 54 (5) lit. d), f) and (g);

c) shall present for storage to the entities referred to in paragraph (2) the information provided by the State Tax Service concerning the lack of arrears with the state budget.

(5) Donations exceeding the established ceilings, as well as amounts received in breach of the provisions of paragraph (4) point 2), shall be transferred into the State budget, by decision of the Central Electoral Commission.

(6) The peculiarities of contributions in the form of donations, conditions and accounting arrangements and the procedure for declaring them, shall be determined by the regulations approved by the Central Electoral Commission.