Kuwait sets rules for accepting donations in public institutions

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KUWAIT CITY April 6: Acting Assistant Undersecretary for Financial Affairs at the Ministry of Finance Matrook Al-Mutairi has announced the rules and regulations for accepting and using donations in public institutions like the Ministry of Education, reports Al- Anba daily. The daily obtained a copy of Al-Mutairi’s letter to the Ministry of Education undersecretary stating: Concerning the Ministry of Finance’s circular on the rules and regulations for accepting and using donations in government agencies, please take note of the following:

1. Donations and cash grants are accepted through certified check or automatic payment. Any other means are not accepted.
2. Approval of the Ministry of Finance must be obtained after the initial approval of the Minister of Education or his authorized representative to receive donations and the like after completing the data and documents stated in the circular.
3. The donation should not be conditional in favor of the donor or others, and that there are no direct or indirect interests or benefits for the donor, or a preferential grant, benefits, priority, or benefit from the services provided by the Ministry of Education.
4. The donation does not include any financial or in-kind benefits for employees of the Ministry of Education.
5. It is prohibited to request any cash or in-kind donations or contributions to finance projects or for any other purpose from contractors, private companies, individuals or others. This excludes public calls of entities for citizens to donate by the powers granted to them by the law.
6. The type of donation, methods of benefiting from it and the party responsible for implementation shall be determined through an agreement between the donor and the Ministry of Education after completing the information requesting a donation using the attached form nos. 1 and 2.
7. The donation is directed for the purpose for which it was allocated, and the ministry has the right to direct the donation for another purpose in the interest of the public with the approval of the donor, his representative or heirs, in addition to the approval of the Ministry of Finance.
If there is a surplus, the Ministry of Finance has the right to disburse the surplus without consulting the donor or his heirs.
8. The donor should not manage or operate the project for which his donation is used.
9. The cash and in-kind donations and gifts received must be disclosed and statistical records must be allocated for them. Form nos. 3 and 4 attached to the circular must be completed. Copies of the forms must be submitted to the Storage Affairs and Procurement Systems Sector in the Ministry of Finance at the end of each fiscal year, in addition to the Financial Affairs Sector to be included in the ministry’s budget and final account in line with the principles of governance and transparency.
10. All sectors of the ministry must include the amounts of repeated and confirmed donations in the annual draft budget, which should be forwarded to the Budget and Costs Department in the Financial Affairs Sector to be included in the ministry’s overall draft budget.
11. If the donor will implement the project or through another party assigned to him, he must sign the acknowledgment attached to Form No. 2 accepting the implementation of the project following the technical specifications and the terms of reference booklet prepared with the knowledge and by the Ministry of Education and under the supervision of the concerned government agencies and then deliver the project to the ministry immediately upon completion following the conditions and timetable.
12. The supporting documents for the financial and legal conditions of the donor and the person responsible for implementing the project should be completed by the rules stated in the circular of the Ministry of Finance, provided such data and documents are submitted in preparation for presenting the donation to the competent authority.
13. If the donations and gifts provided are in-kind, items or the supply of materials or the like, all circulars and instructions issued by the Public Storage Affairs Sector and Purchasing Systems at the Ministry of Finance shall apply to them. The Supplies and Stores Department shall be the competent authority to receive these items, taking into account the stipulated regulations under ‘Clause Five: In-Kind Donations’. 14. Ownership of projects donated in kind that have private ownership documents is transferred to the ownership of State property immediately upon acceptance of the donation and before implementation by the statutory procedures followed by the laws, regulations, and regulating circulars.
15. With regard to donations and grants to finance construction projects, whether by the donor or with the knowledge of the Ministry of Education or by assigning a third party to implement such projects, Clause Six of the circular is applied.
16. If there is a bank account for donations and cash gifts before the issuance of the Ministry of Finance circular, the Financial Affairs Sector should be provided with the details of those accounts to be sent later to the Ministry of Finance, as stated in Clause Seven of the circular.
17. Confidentiality of the donor’s data must be maintained and his wish not to disclose his personal information must be respected. 18. The donor is given a letter and a certificate indicating his donation.

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