List of donors prohibited from making donations to Denmark
A law on the prohibition against the receipt of donations from certain natural and juridical persons has the aim of preventing natural and juridical persons, such as foreign governmental authorities and state-run organizations and businesses, from counteracting or undermining democracy and fundamental freedoms and human rights by giving donations to people and organizations in Denmark. The law entails that persons counteracting or undermining democracy and fundamental freedoms and human rights can be admitted to a public list of donors prohibited from making donations to Denmark.
Requirements for admission to the prohibition list
The Minister of Immigration and Integration can decide to admit a natural or juridical person to the public prohibition list if the following requirements are met:
- The person in question opposes or undermines democracy and fundamental freedoms and human rights, and
- there is a likelihood that the person will provide a donation to recipients in Denmark.
The Minister passes the decision of submission to the prohibition list based upon a recommendation made by the Immigration Service. Thus, it is the Immigrations Service that begins and investigates the case. The Immigration Service carries out a specific and individual assessment of whether the natural or juridical person who is subject to the Immigration Service’s review, meets the abovementioned requirements for being admitted to the list. In connection to the investigation of the case, the Immigration Service will hear the Ministry of Foreign Affairs out on the possible consequences that the admission of someone to the list may have for foreign affairs. If the Ministry of Foreign Affairs decides that admitting a person to the list can result in significant consequences for foreign affairs, the Minister of Immigration and Integration will refrain from admitting that person to the list.
The prohibition list can be published with the following information if the one in question is a natural person: name, nationality, country of residence, birth date, place of birth, and address. If the one in question is a juridical person, the following information may be published: Name, logo, address, and management. A specific assessment will determine what information is necessary to publish in order to ensure a precise identification of the person on the list.
Natural and juridical persons are admitted to the list for four years, after which it is possible to extend the prohibition for an additional four years at a time.
Consequences of receiving donations from persons on the list
It will be illegal to receive one or more donations that exceed 10,000 DKK altogether within 12 consecutive months from a natural or juridical person who is on the list. People or organizations etc. in Denmark who violate the prohibition will be subject to a fine, and the donations can be confiscated.
If the recipient becomes aware of that fact, that the donation is given from a person who is on the list, after the donation is made, the recipient has to return the donation to the donor, and if that is not possible, transfer it to the Ministry of Immigration and Integration.
The specific prohibition list
The Immigration Service will now be assembling a unit that will work with the prohibition list moving forward. Subsequently, the Immigration Service will proceed to find and consider potential candidates for the list. The first natural and juridical persons are expected to be recommended for admission to the list at the end of 2021 at the earliest. The list will be made accessible on newtodenmark.dk when the first persons are admitted to the list. Read more about the introductory work in the article from 11 March 2021
When the first person(s) is/are admitted to the list, the list will be made accessible on newtodenmark.dk.