Prohibition List against donations

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 Prohibition List against donations

Who can be admitted to the Prohibition List against donations?

The Minister of Immigration and Integration may decide to admit a natural or juridical person to the Prohibition List against donations 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 Prohibition List against donations based on a recommendation made by the Danish Immigration Service.

The Immigration Service thus initiates and examines each case. The Immigration Service 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 Prohibition List against donations. In connection with case processing, the Immigration Service 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 against Undesirable Donations 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 the Immigration Service 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'.

Go to the contact form at newtodenmark.dk

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 Prohibition List against donations 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 Prohibition List against donations 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 the Immigration Service.

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 Prohibition List against donations.

The Immigration Service must be notified when the transfer to the Immigration Service’ account is being made, in order for the Immigration Service to check whether the donation cannot be returned to the donor.

You can contact the Immigration Service via our contact form. Se 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 Immigration Service before the abovementioned deadline. Before finalizing the sale, the Immigration Service 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 Immigration Service.

Transfers to the Immigration Service

The donation or the amount corresponding to the sale price any expenses can be transferred to the Immigration Service to the following account with the following text:

Reg. no.

0216

Account no.

4069067476

Text

976002

Afterwards the recipient must inform the Immigration Service 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 Immigration Service, 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 the Immigration Service.

The Immigration Service will process any application for re-evaluation. If new relevant information emerges, the Immigration Service will present the case before the Minister of Immigration and Integration for re-evaluation. The Immigration Service 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 Immigration Service 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 Immigration Service will notify the person in question.

If the Immigration Service assesses that no new information of significance to the case has emerged, the  Immigration Service will maintain the original decision of admission to the Prohibition List. The Immigration Service will notify the person in question.

Requests for re-evaluation can be submitted to the Danish Immigration Service through our contact form. Se the link further above on the page

If the Immigration Service 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 Immigration Service will re-evaluate the case of its own accord.

 The same applies if the Immigration Service becomes aware that a significant error has occurred in connection with the original case processing.