2. Is there a ban on donations from foreign interests to candidates?
Kyrgyzstan
Article 41 Electoral funds
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3. Voluntary donations to electoral funds are prohibited from:
- foreign states, foreign state bodies, institutions and enterprises, other foreign legal entities, their branches and representation offices, foreign citizens, international organizations, legal entities registered in the Kyrgyz Republic, whose participants are foreign citizens and legal entities;
- persons without citizenship;
- state bodies and local governments;
- state and municipal institutions and enterprises;
- legal entities having a state or municipal share in the statutory capital and enjoying preferences in tax payments, fees and other mandatory payments;
- military units, military establishments and organizations;
- law enforcement bodies, courts;
- organizations engaged in charitable activity;
- religious organizations;
- anonymous donations.
Legal entities, individuals carrying out entrepreneurial activity without establishing of a legal entity and being in debt to the budget or the social fund of the Kyrgyz Republic shall not be allowed to contribute to the election fund of a candidate or political party. A candidate or political party shall not bear responsibility in case of the resources contributed in their electoral funds by the mentioned legal entities and individuals. In the event that resources were transferred from the abovementioned legal entities and individuals into the electoral funds of a candidate or political party, a bank or another institution shall transfer the funds under the court ruling to the special fund of the Central Election Commission whereas the latter shall further transfer these funds to the state budget or to the Social Fund of the Kyrgyz Republic.
(Constitutional Law of the Kyrgyz Republic On elections of the President of the Kyrgyz Republic and deputies of Jogorku Kenesh of the Kyrgyz Republic, 2011, available at http://www.legislationline.org/download/action/download/id/4016/file/Kyrgyz_Const_Law_Presidential_and_parliam_Elections_2011_en.pdfaccessed February 2018).
VIII. CAMPAIGN ENVIRONMENT AND CAMPAIGN FINANCE
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Election campaigns may be financed from candidates’ own contributions, as well as by donations from citizens and legal entities. Candidates do not receive public funding. In June, the limits for own contributions and for donations for election campaigns were significantly increased, while the limit on campaign spending was removed from the law. Candidates are required by law to open designated bank accounts where all campaign funding should be transferred. All expenses related to their candidacy and campaign should be paid from this account. The CEC publishes on a weekly basis the total amount of income, expenditure and balance on these accounts. The electoral law does not require disclosure of sources of campaign finance. The CEC issued an instruction, which provides for interim reports of campaign revenues and expenditures to be sent to the CEC no later than 10 days prior to election day, and final campaign finance reports within 10 days after election day. These reports are audited by the CEC audit group led by a CEC member to oversee compliance with campaign finance rules. There is no requirement to publish audit results.
(OSCE Office for Democratic Institutions and Human Rights, International Election Observation Mission, Kyrgyz Republic, Presidential Election, 15 October 2017, Statement of Preliminary Findings And Conclusions available at http://www.osce.org/odihr/elections/kyrgyzstan/350001?download=true accessed February 2018).