Mps Submit Proposal On Fundraising And Donation Collection

MPs Ahmed Al-Fadel, Omar Al- Tabtabaei, Khalil Aboul, Salah Khousheed and Khalaf Dumaitheer have presented a proposal on fundraising and collection of donations. The bill states that a natural or legal person is prohibited from collecting, advertising or calling for donations through any means without obtaining permission from a ministerial committee whose members are from the ministries of Social Affairs, Interior, Foreign Affairs, and Finance, in addition to the General State and Charitable Associations departments in the Ministry of Social Affairs.

With the exception of the Amiri Diwan, Office of the Crown Prince, Cabinet and National Assembly; the authorization to collect, advertise or call for donations is required and the request for permission should be submitted to the committee. Articles 13, 14, 15, 16, 17 and 18 of the bill prohibit the collection, advertisement or call for anti-State or hostile acts or support for a third party which is against the State. These articles also forbid the collection, advertising or calling for voluntary contributions for armed individuals or groups or parties or groups with hostile principles, regulations and acts contrary to Kuwaiti laws.

They prohibit as well the collection, advertising or calling for donations for any group or organization which are banned or classified as terrorist in or outside Kuwait.

According to the articles, it is prohibited to collect, advertise or call for donations to purchase all kinds of weapons or any material prohibited by Kuwaiti laws or that of countries where the donations will be disbursed. It is also prohibited to collect, advertise or call for donations to fund hostile activities outside Kuwait.

The bill stipulates that only the ministries of Interior and Defense are allowed to collect, advertise or call for donations for warfare purposes in or outside Kuwait.

Cash donations should be paid through ATMs or credit cards in the fundraising centers established by the committee, while it is prohibited to collect donations through deposits or transfers to any bank account.

Article 25 stipulates imprisonment of not less than three years and not more than five years, fine of not less than KD 5,000 and not more than KD 10,000 or any of these penalties for those proven to have announced collection of donations or organized such activities without obtaining permission.

In case of repeating the violation, the court shall rule beyond the legally prescribed maximum offense but it should not be more than double this limit.

Article 26 stipulates imprisonment of not less than five years and not more than seven years, fine of not less than KD 10,000 and not more than KD 15,000 or any of these penalties for anybody who carried out, organized or participated in the collection of donations without obtaining permission. In case of repetition, the court shall rule beyond the legally prescribed maximum offense, provided it does not exceed double this limit.

This applies to those who donate to individuals or entities not authorized by the committee to collect donations.

Article 27 stipulates imprisonment of not less than three years and not more than five years, fine of not less than KD 10,000 and not more than KD 15,000 or any of these penalties for the board chairman of a public welfare association who collected, approved, invited or announced the collection of donations without obtaining permission. In case of repetition, the court shall rule beyond the legally prescribed maximum offense, provided it does not exceed double this limit.

This applies to the chairman of the Board of Directors of a charitable organization and those who joined him in committing the offense. Article 28 states that anyone who contravenes the Articles 13, 14, 15, 16, 17 and 18 shall be sentenced to life in prison and fine of not less than KD 50,000.

This applies to the chairman of the Board of Directors of a public welfare association or charitable organization and those who joined them in committing the offense.

Article 29 states the erring chairman of the Board of Directors of a public welfare association shall be sentenced to not less than six months and not more than one year in prison, fine of not less than KD 5,000 and not more than KD 10,000 or any of these penalties when the association or its officials who are in charge of collecting donations violated Articles 5, 20, 21 and 22.

In case of repetition, the court shall rule beyond the legally prescribed maximum offense, provided it does not exceed double this limit.

This applies to the chairman of the Board of Directors of the charitable association and those under it who are responsible for fundraising. Article 30 states that Articles 81, 82 and 83 of Penal Code No. 1611960 shall not be applied when the penalties provided for in this law are imposed on the offender. Article 31 defines the Public Prosecution as the competent body that shall prosecute, investigate and handle offenses set forth in this Law. Jurisdiction shall be vest in a chamber of the Criminal Court.

 

SOURCE : ARABTIMES

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