Approved by the Decision # 3/13 of
the Central Election Commission of
the Republic of Azerbaijan dated
on June 21, 2003

Agreed with the National Bank
of the Republic of Azerbaijan

I N S T R U C T I O N
on opening and managing of special election accounts of candidate to presidency, registered candidates to presidency, political parties, blocs of political parties

The Instruction has been prepared in accordance with the Election Code of the Republic of Azerbaijan (hereafter referred to as - Election Code) and Decree “on application of Election Code of the Republic of Azerbaijan” by the President of the Republic of Azerbaijan dated on June 3, 2003 and it defines rules for opening and managing of special election accounts of the candidate to presidency, registered candidate to presidency, political parties, blocs of political parties.

1. Special election accounts must be opened to create election funds after candidate and candidates to presidency (hereinafter referred to as candidates) or their authorized representatives submit declaration (in accordance with Annex #1 attached to this Instruction) or the relevant decision on nomination by political parties, blocs of political parties to the Central Election Commission. But it should take place no later than 5 days prior to the day of submitting the nomination of candidates for registration to the Central Election Commission. Special election account should be opened in the Unified Universal Joint-Stock Bank on the basis of the document of the Central Election Commission on nomination of the candidate to presidency as well as documents considered by Articles 53 and 54 of the Election Code.
To this aim, candidates to presidency, registered candidates to presidency, political parties and blocs of political parties must submit the following documents by applying to the relevant bank:
- application for opening of special account;
- identification card of candidates to presidency, registered candidates to presidency or their authorized representatives;
- sample of signature approved in the notary order (in the case of authorizing another person to open special account and use the funds of special election account by the candidate, copy of the appointed person’s signature approved in the notary order).

2. The relevant bank must open special election account for the candidate within 3 days upon submitting official documents. Opening of the account and operations on it are not paid and the percentage is not paid to the bank for the usage of the funds in the account. Fundsis only in Azerbaijan’s Manat in the special election account.
3. Candidates to presidency, registered candidates to presidency, political parties, blocs of political parties can open only one special account.
4. The relevant bank makes report on the funding spent and included in the special election accounts of candidates to presidency, registered candidates to presidency to the Central Election Commission in accordance with the Annex #2 to this Instruction not less than once in a week (while less than 10 days remaining to the Election Day, the report is to be provided not less than once in three bank days).
5. The highest limit of the amount in the election account of candidates to presidency should not exceed the amount more than 200 thousand times of the minimum salary on the day of official announcement of the decision on the appointment of elections. When providing the relevant election commission with election documents for registration of the candidate, at the same time, bank document on transference of voluntary registration deposit on the amount of 3% of the highest limit of election funds to the account of the election commission carrying out the registration (i.e. to the account of the Central Election Commission) can be submitted. Cases of returning registration deposit by the election commission are considered by Article 60.5 of the Election Code.

6. The funds collected in election accounts of candidates to presidency, registered candidates to presidency, political parties, blocs of political parties can be used only for the aims considered by items 3.1, 3.2, 3.3 of Article 90 of the Election Code.

7. Candidates to presidency, registered candidates to presidency are prohibited to use other funds except the funds transferred to the election accounts intended for campaign and signature canvassing.

8. The funds can be transferred to the special election accounts in the amount and by the persons considered by Article 191 of the Election Code.

9. Voluntary donations can be transferred by physical persons, who are citizens of the Republic of Azerbaijan, pursuant to Article 93.1 of the Election Code.
Donations of legal entities are granted only by bank transfer to the special election accounts pursuant to conditions considered by Article 93.2 of the Election Code.

10.Voluntary donations of citizens and legal entities are transferred to special election accounts by communication departments and bank-credit organizations no later than the following bank day after receiving the relevant document on payment. In this case, duration of the bank transfer payment can not exceed 2 days.

11. In the case of transfer of donations to the election accounts of candidates to presidency, registered candidates to presidency, political parties, blocs of political parties, by unauthorised citizens or legal entities considered by Article 90.2 of the Election Code or amount of transferred funds exceeds the amount determined by the Election Code, candidates to presidency, registered candidates to presidency, political parties, blocs of political parties must return total amount of donation or the exceeding part of donation by describing the reason of returning of donation and by taking out expenses for money transfer within 10 days after the donation entering to the special election account.

12. The Central Election Commission transfers the funds allocated by the National Budget to candidate’s special account within 3 days after registration of the candidate to presidency by the Central Election Commission in the determined way and submitting bank requisites.

13. Candidate, registered candidate transfer anonymous donations to the National Budget within 10 days after the day of these donations entering to special election account.

14. All operations of registered candidates in special election accounts are stopped within 3 days after the Election Day.
15. The relevant bank stops financial operations related to payments from special election accounts of candidates, registered candidates by the order of the Central Election Commission in other cases determined by Article 91.4 of the Election Code.

16. Period of the managing of financial operations can be prolonged only in the cases and because of reasons determined by Article 92.1 of the Election Code.

17. Rules for the return of the funds received by candidates to presidency, registered candidates to presidency in the Presidential Elections are determined by Articles 90.5-90.7 of the Election Code.

18. 60 days after the Election Day, the relevant bank must transfer the funds remaining in the special election accounts of candidates to presidency, registered candidates to presidency to the account of the Central Election Commission based on the written order by the Central Election Commission.

19. Registered candidate to presidency who has participated in the voting and collected less than 5% of the total votes of voters, must transfer back whole amount of funds transferred to his/her election account by the Central Election Commission to the account of the Central Election Commission within 30 days after the voting.

20. Registered candidate to presidency who has participated in the voting and collected at least 5% of the total votes of voters or who has been regarded elected, as well as the candidate who has withdrawn his/her candidacy up to the voting day because of the compulsory cases considered by Article 73.3 of the Election Code are obliged to return the unspent part of the funds transferred to his/her election account by the Central Election Commission to the mentioned election commission’s account within 30 days after the Election Day. When this term ends, the relevant bank must transfer the funds stated by the letter of the Central Election Commission to the account of the Central Election Commission without any dispute.