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19 NOVEMBER 1998. - An Act to amend the Act of 4 July 1989 relating to the limitation and control of election expenses incurred for the elections of the Federal Chambers and to the financing and open accounting of political parties (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - Amendments to the Act of 4 July 1989 relating to the limitation and control of election expenses incurred for the elections of the Federal Chambers and to the financing and open accounting of political parties
Art. 2. Article 1^er the Act of 4 July 1989 relating to the limitation and control of election expenses incurred for the elections of the Federal Chambers and to the financing and open accounting of political parties, as amended by the laws of 18 June 1993, 19 May 1994 and 10 April 1995, are amended as follows:
A. 1° is supplemented by paragraph 2, which reads as follows:
"They are considered to be components of a political party, the organizations, associations, groups and regional entities of a political party, regardless of their legal form, which are directly linked to that party, namely:
- Study services;
- scientific bodies;
- political training institutes;
- the producers of conceded political programs;
- the institution referred to in section 22;
- entities formed at the district and/or electoral district level for the elections of the Federal Chambers and the Community and Regional Councils;
- the political groups of the Federal Chambers and the Councils of Community and Region. »;
B. The opening of the 2° is completed as follows: "and its components";
C. at 2°, the first dash is completed as follows: "and/or under another similar legal or regulatory provision";
D. the opening of the 3rd is completed as follows: "and its components";
E. at 4°, the following paragraph is inserted between paragraphs 1^er and 2:
"The Supervisory Board may be advised by the Court of Auditors for the control of election expenses and the control of the financial reports of political parties and for the imputation of the cost of communications and public information campaigns. "
Art. 3. Section 2 of the Act, replaced by the Act of 19 May 1994 and amended by the Act of 10 April 1995, is amended as follows:
A. § 1^erParagraphs 1^er and 2, the words "405 million" are replaced each time by the words "40 million";
B. in § 2, 1°, the words "500,000 francs, plus 2 francs" are replaced by the words "350 000 francs, plus 1.40 francs";
C. in § 3, 1°, the words "500,000 francs, plus 1 franc" are replaced by the words "350 000 francs plus 0.70 francs";
D. § 4 is supplemented by paragraph 2, which reads as follows:
"The share of expenses for common electoral propaganda charged to the amount that a candidate is authorized to spend must be proportional to the share of each candidate in this propaganda. »
Art. 4. Article 5, § 1^erthe same Act, replaced by the Act of 18 June 1993 and amended by the Acts of 19 May 1994 and 10 April 1995, are amended as follows:
A. 1° is replaced by the following provision:
"1° cannot use commercial billboards or posters; »;
B. a 1°bis is inserted as follows:
"1°bis cannot use non-commercial billboards or posters with a surface of more than 4 m²;".
Art. 5. In Article 6, paragraph 1^er, of the same law, as amended by the Act of 10 April 1995, the second sentence is replaced by the following sentence: "They also undertake to declare the origin of the funds and to register the identity of the natural persons who made donations of 5,000 francs and more. "
Art. 6. In Article 14, § 1^erthe same Act, as amended by the Acts of 21 May 1991, 18 June 1993 and 19 May 1994, is replaced by the following provision:
"3° anyone who has failed to declare his election expenses and/or the origin of the funds within the time limit set out in Article 116, § 6, of the Electoral Code; "
Art. 7. In section 16bis of the Act, inserted by the Act of 18 June 1993 and amended by the Act of 19 May 1994, the following amendments are made:
A. in paragraph 1^er, first sentence, the words "and their components" are inserted between the words "political parties" and the words ", to lists";
B. in paragraph 1^erthe following sentence is inserted between the second and the third sentence:
" Likewise, components can receive donations from their political party and vice versa. »;
C. the following paragraph is inserted between paragraphs 1^er and 2:
"The identity of natural persons who make, in any form, donations of 5,000 francs and more to political parties and their components, lists, candidates and political agents is registered annually by the beneficiaries. Political parties and their components, lists, candidates and political agents may each receive, as donations from the same natural person, an amount not exceeding 20,000 francs, or its counter-value. Every year, the donor may dedicate a total amount not exceeding 80,000 francs, or the counter-value of that amount, to donations to political parties and their components, lists, candidates and political agents. Payments made by political agents to their political party are not considered as gifts. "
In paragraph 2, the words ", natural persons" are inserted each time between the words "legal persons" and the words "or de facto associations".
Art. 8. Section 16ter, as follows, is inserted in the same Act:
"Art. 16ter. The King sets out by order deliberately in the Council of Ministers the terms of the registrations referred to in articles 6 and 16bis and their deposit. Monitoring is provided by the Monitoring Committee. "
Art. 9. In section 22 of the Act, as amended by the Act of 10 April 1995, the following paragraph shall be inserted between paragraphs 1^er and 2:
"The institution referred to in paragraph 1^er a for mission:
- to collect public holdings;
- to establish an annual central list of donations of 5,000 francs and more made to the party's components by natural persons for whom a recovery was issued;
- establish a list of party components that are part of the consolidation scope;
- to regulate administratively the components referred to in the previous dash and verify that they comply with the legal rules relating to the accounting of political parties. »
Art. 10. In section 23 of the Act, as amended by the Act of 19 May 1994, the following amendments are made:
A. in paragraph 2, the words ", concerning both the political party and its components" are inserted between the words "financial report", and the words "in respect";
B. the item is completed by the following paragraph:
"For the drafting of the financial report referred to in paragraph 2, the model is used as an annex to this Act. »
Art. 11. In section 24 of the Act, the following amendments are made:
A. in paragraph 1^er, the words "noant days" are replaced by the words "one hundred and twenty days".
B. Paragraph 3 is supplemented as follows: "and after any opinion of the Court of Auditors. »;
C. The same paragraph is supplemented by the following sentence:
"In the event of an ongoing judicial investigation, open to the request of the Public Prosecutor and having a direct connection to the financing of the parties, approval shall be made subject to condition. "
Art. 12. Section 25 of the Act, as amended by the Act of 18 June 1993, is supplemented by the following paragraph:
"Subject approval referred to in section 24 entails the preventive suspension of a twelfth of the annual staffing. »
Art. 13. Article 25 bis, as follows, is inserted in the same law:
"Art. 25bis. Decisions referred to in articles 24 and 25 shall be subject to review at any time. »
Art. 14. The Act is supplemented by the following schedule:
“Annex
The financial report referred to in section 23 includes at least the following documents:
1. A document identifying the party and its components as defined in Article 1^er, 1°, paragraph 2. The identification includes at least the name, seat, legal form, social object and composition (name, domicile, profession) of the management and control bodies of each party component.
2. Synthetic accounts (balance and results account) of each component of the political party according to the definition given by Article 1^er, 1°, paragraph 2. These accounts may be established in the form of a synoptic table showing by component at least:
(a) total assets, total provisions and debts and the amount of assets;
(b) common goods and expenses, the current result before financial results, the financial result, the exceptional result, the result of the fiscal year;
(c) the number of occupied persons expressed in full-time equivalents supported by the party component.
3. The consolidated annual accounts of the political party and its components, including a consolidated balance sheet, a consolidated results account, and an explanatory annex to the consolidated balance sheet and the consolidated results account as defined by the Electoral Expenditures and Accounts Commission.
4. A report by the company reviewer in which the company:
(a) confirms that consolidated accounts are prepared in accordance with the regulations. This report constitutes an attestation within the meaning of the general revision standards established by the Institute of Business Reviewers;
(b) whether the administrative and accounting organization of the party and its components is sufficient to allow for consolidated accounts;
(c) Analysis of consolidated accounts data by highlighting aspects that may contribute to understanding the financial situation and results and comparability. »
CHAPTER III. - Miscellaneous provisions
Art. 15. In Article 116, § 6, paragraph 1^er, of the Electoral Code, as amended by the Act of 10 April 1995, the last sentence is replaced by the following sentence: "They also undertake to declare the origin of the funds and to register the identity of the natural persons who have donated 5,000 francs and more. »
Art. 16. Article 162 of Royal Decree No. 64 of 30 November 1939 containing the Code of Registration, Mortgage and Registry Rights is supplemented as follows:
"46° transfers between components of a political party as defined by Article 1^er, 1°, paragraph 2, of the Act of 4 July 1989 on the limitation and control of election expenses incurred for the elections of the Federal Chambers, as well as the financing and open accounting of political parties; "
Art. 17. In article 16, paragraph 1^erof the Act of 27 June 1921 granting civil personality to non-profit associations and public utility institutions, as amended by the Act of 13 July 1991, the words "when it is a transfer between components of a political party, as defined by Article 1^er, 1°, paragraph 2 of the Act of 4 July 1989 relating to the limitation and control of election expenses incurred for the elections of the Federal Chambers, as well as to the financing and open accounting of political parties, as well as " are inserted between the word "required" and the words "for acceptance".
CHAPTER IV. - Authorization for coordination
Art. 18. The King is empowered to coordinate the existing laws relating to the limitation and control of election expenses incurred for the elections of the Federal Chambers and to the financing and open accounting of political parties. In order to ensure this coordination, He may:
1° amend the order and numbering of titles, chapters, articles, paragraphs and subparagraphs of the provisions to be coordinated and amend the arrangement of these provisions;
2° amend the references in the provisions to be coordinated to align them with the new numbering;
3° amend the provisions to be coordinated with a view to ensuring consistency and consistency of terminology, without prejudice to the principles set out in these provisions.
With a view to confirming this coordination, a bill will be tabled on the Bureau of the Legislative Chambers during the session if they are met or, if not, at the opening of the next session.
CHAPTER V. - Entry into force
Art. 19. This Act comes into force on the day after its publication to the Belgian Monitor, with the exception of Articles 5, 7, C), 9, 10 and 15, which come into force on 1^er January 1999.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 November 1998.
ALBERT
By the King:
The Minister of the Interior,
L. VAN DEN BOSSCHE
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Regular session 1996-1997.
House of Representatives.
Parliamentary documents. - Bill No. 1158/1.
Regular session 1997-1998.
House of Representatives.
Parliamentary documents. - Amendments, n^bones 1158/2 to 5. - Corrigendum, no. 1158/6. - Amendments, no. 1158/7. - Opinion of the State Council, No. 1158/8. - Amendments, No. 1158/9. - Report, no. 1158/10. - Text adopted by the Commission, No. 1158/11. - Amendments, n^bones 1158/12 and 13. - Text adopted in plenary and transmitted to the Senate, No. 1158/14. - Draft amended by the Senate, No. 1158/15.
Annales of the House of Representatives. - Discussion and adoption. Sessions of 1^er and 2 April 1998.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-944/1. - Project requalified by the Parliamentary Committee for Consultation, No. 1-944/2. - Amendments, n^bones 1-944/3 to 5. - Report, no. 1-944/6. - Text adopted by the Commission, No. 1-944/7. - Amendments, no. 1944/8 to 10. - Supplementary report, No. 1-944/11. - Text adopted by the Committee after reference by the plenary meeting, No. 1-944/12.
Decisions of the Parliamentary Committee for Consultation, No. 1-82/29.
Annales of the Senate. - Discussion and adoption, meeting on 9 July 1998.
Regular session 1998-1999.
House of Representatives.
Parliamentary documents. - Text adopted in plenary and subject to Royal Assent, No. 1158/16.
Annales of the House of Representatives. - Discussion and adoption. Meeting of 22 October 1998.