(1) Where possible, a political party will immediately return a prohibited donation to the donator. (2) If the donation cannot be returned, the political party will immediately transfer the monetary donation to the state budget. (3) In the event of a non-monetary donation the political party will sell the prohibited donation at the market price. The income received from the sale of the donation will be immediately transferred to the state budget. If the prohibited donation cannot be sold with reasonable effort, the donation will be transferred in a manner other than the one provided for in the first sentence of this subsection. If the donation cannot be transferred, the possession of the thing will be terminated by way of relinquishing ownership. The prohibited donation will not be transferred to a member of the political party, an affiliated organisation of the political party or to a member thereof. (4) If the value of the prohibited donation is evaluated to be below 64 euros, the provisions of the first sentence of subsection 3 or subsection 5 of this section will not apply. (5) Evaluation of the usual value of a prohibited donation will, upon submission of the annual report specified in § 129 of this Act, be audited by an auditor who will submit an opinion regarding whether the usual value of the donation was set in accordance with subsections 3 and 4 of this Act. Among other things, the opinion must contain a description of the prohibited donation and indicate which method was used for evaluation of the usual value of the prohibited donation. If the auditor has become aware of a violation of the requirements for the evaluation of the usual value of the prohibited donation, the auditor will inform the political party funding supervision committee of the violation. [RT I, 10.12.2010, 1 – entry into force 01.04.2011] (6) The provisions of § 1218 of this Act will not apply to the donator of a prohibited donation if, within 30 days from the day when the donator learned or had to learn of the prohibited donation, the donator submits to the political party funding supervision committee information on the prohibition of the donation in a form that can be reproduced in writing. The political party funding supervision committee will immediately inform the political party that received the prohibited donation about the circumstances. [RT I, 05.02.2014, 1 – entry into force 01.04.2014] (7) The provisions of § 1218 of this Act will not apply to the donee of a prohibited donation if, within 30 days from the day when the donee learned or had to learn of the prohibited donation, the donee submits to the political party funding supervision committee information on the prohibition of the donation in a form that can be reproduced in writing. The political party funding supervision committee will immediately inform the political party that received the prohibited donation about the circumstances. [RT I, 05.02.2014, 1 – entry into force 01.04.2014]
§ § 12⁴Consequences of accepting prohibited donation
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