The National Prohibition List of Undesirable Funding
The intent of the Act prohibiting the receipt of donations from certain natural and juridical persons is to prevent natural and juridical persons, including foreign state authorities and state-run organizations and companies, from opposing or undermining democracy, fundamental freedoms, and/or human rights through the granting of donations to individuals and organizations in Denmark.
The law can place persons who oppose or undermine democracy, fundamental freedoms, and/or human rights on a public prohibition list.
See who is on The National Prohibition List of Undesirable Funding
Who can be admitted to The National Prohibition List of Undesirable Funding ?
The Minister of Immigration and Integration may decide to admit a natural or juridical person to The National Prohibition List of Undesirable Funding if the following conditions are met:
- The person in question opposes or undermines democracy, fundamental freedoms and/or human rights, and
- There is a likelihood that the person in question will donate to recipients in Denmark.
The minister decides whether to admit a natural or juridical person to The National Prohibition List of Undesirable Funding based on a recommendation made by Centre for Documentation and Counter Extremism.
The centre thus initiates and examines each case. The centre makes a concrete and individual assessment of whether the natural or juridical person who is the subject of the investigation meets the above-mentioned conditions for being admitted to The National Prohibition List of Undesirable Funding. In connection with case processing, the centre must consult with the Ministry of Foreign Affairs about any potential foreign policy consequences of a person being admitted to the list. If the Ministry of Foreign Affairs assesses that the inclusion of the person on the list could have significant foreign policy implications, the person in question will not be admitted to the Prohibition List.
Natural and juridical persons are included on The National Prohibition List of Undesirable Funding for a period of 4 years, with the subsequent possibility of extension for an additional 4 years at a time.
Contact the Immigration Service regarding the Prohibition List
You can contact Centre for Documentation and Counter Extremism if you have questions or relevant knowledge in relation to the Prohibition List. You can contact us via our contact form at newtodenmark.dk. Choose the subject 'Prohibition List'.
Consequences of receiving donations from persons on the Prohibition List
It is prohibited to receive one or more donations whose total value exceed DKK 10,000 within the time frame of 12 consecutive months from a natural or juridical person who has been admitted to the Prohibition List. Individuals or organizations in Denmark who violate the prohibition on receiving donations from a person who has been admitted to The National Prohibition List of Undesirable Funding will be liable to pay a fine, and the donation(s) in question may be confiscated.
The size of the fine will, as a starting point, be set at a value corresponding to 30 percent of the estimated value of the donation.
Obligation to return the donation to the donor
In cases where a recipient becomes aware of having received a donation from a person on The National Prohibition List of Undesirable Funding after the donation has already been received, the recipient will have to return the donation to the donor. If this is not possible, the recipient will have to transfer the amount to an account administered by Centre for Documentation and Counter Extremism.
The return/transfer must take place no later than 21 days after the recipient of the donation became aware or should have become aware of the donation received from a person admitted to The National Prohibition List of Undesirable Funding.
The centre must be notified when the transfer to the centre’s account is being made, in order for the centre to check whether the donation cannot be returned to the donor.
You can contact the centre via our contact form. See the link further above on the page.
If the donation is not monetary, the recipient must dispose of the donation and an amount corresponding to the sale price subtracted any expenses associated with the sale must be transferred to an account administered by the centre before the abovementioned deadline. Before finalizing the sale, the centre must give its approval in order to secure that the sale corresponds with the donation’s actual value.
Please note that the sales price is decisive in deciding whether a donation exceeds the limit of DKK 10,000.
A fine is issued if the recipient of a donation from a person admitted to the Prohibition List fails to fulfill his/her obligation to either repay the donation to the donor or transfer the amount to an account administered by the centre.
Transfers to Centre for Documentation and Counter Extremism
The donation or the amount corresponding to the sale price any expenses can be transferred to the centre to the following account with the following text:
|
Reg. no. |
0216 |
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Account no. |
4069067476 |
|
Text |
976002 |
Afterwards the recipient must inform the centre about the transfer, including the following information:
- The size of the donation
- The date of receiving the donation
- Documentation for and description of the donation incl. how the donation was made (donor, bank etc.)
If the original donor has not requested the donation be repaid within 6 months of a donation being transferred to the account administered by the centre, the full amount of the donation will be transferred to the Danish Treasury.
Re-evaluation of cases regarding the Prohibition List
A person who is included on the Prohibition List can request to have his/her case re-evaluated by Centre for Documentation and Counter Extremism.
The centre will process any application for re-evaluation. If new relevant information emerges, the centre will present the case before the Minister of Immigration and Integration for re-evaluation. The centre will also conduct a new consultation with the Ministry of Foreign Affairs.
If, upon re-evaluation, the Minister of Immigration and Integration decides that the person in question no longer fits the criteria to be admitted to the Prohibition List, the centre will remove the person from the list and notify the person in question.
If, upon re-evaluation, the Minister of Immigration and Integration decides that the person in question still fits the criteria to continue being admitted to the Prohibition List, the centre will notify the person in question.
If Centre for Documentation and Counter Extremism assesses that no new information of significance to the case has emerged, the centre will maintain the original decision of admission to the Prohibition List. The centre will notify the person in question.
Requests for re-evaluation can be submitted to the centre through our contact form. Se the link further above on the page.
If the centre becomes aware that factual or legal circumstances of significance to the case have changed, and there is a certain probability that the case would have had a different outcome if the information had been available at the time of the original decision, the centre will re-evaluate the case of its own accord.
The same applies if the centre becomes aware that a significant error has occurred in connection with the original case processing.