Assets Disclosure by Public Officials: Historical Information

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Albania

Full Name and Date of Effectiveness:

The Assembly Law Nr. 9049: On the declaration of audit of assets, financial obligations of elected persons and certain public officials, April 10 2003.

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

An earlier Law Number 7903 dated March 8 1995, "On declaring assets by elected persons and certain directors of the public service" was repealed.

Does the Constitution mandate public officials to disclose their assets?

No.

Bangladesh

Full Name and Date of Effectiveness:

Government Servants (Conduct) Rules, 1979. This is a set of rules, not a law, and asset declaration is only one of the many rules covering civil servants' conduct.

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

Government Servants' Conduct Rules, 1966.

Does the Constitution mandate public officials to disclose their assets?

No.

Brazil

Full Name and Date of Effectiveness:

Number 8429/1992 Lei de Improbidade Administrativa, regulated by decree number 978/1993.

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

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Does the Constitution mandate public officials to disclose their assets?

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Ghana

Full Name and Date of Effectiveness:

ACT 550: The Public Office Holders (Declaration of Assets and Disqualifications Act), May 4 1998.

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

An earlier Public and Political Party Office Holders (Declaration of Assets and Eligibility) Law 1992 (P.N.D.C.L. 280) was repealed.

Does the Constitution mandate public officials to disclose their assets?

This law is in conformity with Article 286, Chapter twenty-four of the Constitution, "CODE OF CONDUCT FOR PUBLIC OFFICERS," A person who holds a public office shall submit to the Auditor-General a written declaration of all property or assets owned by, or liabilities owed by, him whether directly or indirectly

India

Full Name and Date of Effectiveness:

All India Services (Conduct) Rules, 1968 and Central Services (Conduct) Rules. These are sets of rules, not laws, and cover many aspects of civil servants' conduct of which asset declaration is only one. The rules are supplemented by executive instruction

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

The All India Service Conduct rule was formulated in 1968, and amendments have since been made.

Does the Constitution mandate public officials to disclose their assets?

No.

Kenya

Full Name and Date of Effectiveness:

Part IV of The Public Officer Ethics Act, 2003. details Declarations of Income, Assets and Liabilities

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

First time such a law was passed.

Does the Constitution mandate public officials to disclose their assets?

No.

Korea

Full Name and Date of Effectiveness:

Korean Public Servants' Ethics Law. The law was passed in 1981, and amendments were made between 1987 and 2001.

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

The earlier law was known as Public Servants Ethics Law. Several Amendments between 1987 and 2001 increased coverage and strengthened implementation.

Does the Constitution mandate public officials to disclose their assets?

No.

Latvia

Full Name and Date of Effectiveness:

The Law of Prevention of Conflict of Interest in Activities of Public Officials, April 25, 2002

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

No. The prevention of Corruption Law 1995 - No. 22, 1996 No 3, 15; 1998 No. 23; and 1999 No 8 were repealed.

Does the Constitution mandate public officials to disclose their assets?

No.

Mexico

Full Name and Date of Effectiveness:

“Ley Federal de Responsabilidades de los Servidores Públicos” (Federal Law of Responsibilities of Public Servants) passed on December 31, 1982

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

This law replaced the Law of Responsibilities of Officials and Employees of the Federation of the Federal District, and of High-rank Officials of the States, passed on December 27, 1979. Since 1982, amendments were introduced in May 1995 and March 2002.

Does the Constitution mandate public officials to disclose their assets?

No reference in the Constitution

Nigeria

Full Name and Date of Effectiveness:

The fifth schedule of the 1999 Constitution lays down that public officers must disclose their assets.

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

Public officers assets disclosure was also contained in the fifth schedule of the 1979 constitution.

Does the Constitution mandate public officials to disclose their assets?

Yes, it is a schedule to the Constitution.

Philippines

Full Name and Date of Effectiveness:

Section 12 of Republic Act No. 6713: The Code of Conduct and Ethical Standards for Public Officials and Employees Act; February 20, 1989

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

First time.

Does the Constitution mandate public officials to disclose their assets?

Yes. Section 17 of ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS of the Philippine Constitution states that , a public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth.

Romania

Full Name and Date of Effectiveness:

Title I: Assuring transparency in performing public positions, prevention and fighting corruption of The Romanian Law on certain steps for assuring transparency in performing high officials positions, public and business positions, for prevention and sanction

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

This law follows from 1996 Law No 115/1996 on Statement and Auditing of Property of Dignitaries, Magistrates, Civil Servants and Persons with Leading Positions

Does the Constitution mandate public officials to disclose their assets?

No reference in the Constitution.

Sri Lanka

Full Name and Date of Effectiveness:

Declaration of Assets and Liabilities Law, effective August 1, 1975.

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

Yes.

Does the Constitution mandate public officials to disclose their assets?

No.

Tanzania

Full Name and Date of Effectiveness:

Declaration of Assets and Liabilities Act No. 5 of 2001 was inserted into The Public Leadership Code of Ethics Act of 1st July, 1995

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

Act No 5 was added in 2001 to the Leadership Cod of Ethics Act of 1995

Does the Constitution mandate public officials to disclose their assets?

Check articles 53 and 57 of the Constitution.

Thailand

Full Name and Date of Effectiveness:

B.E. 2542, 1999 Organic Act on Counter Corruption

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

The following laws were repealed at the time of passing this law: (i) Counter Corruption Act, 1975; (ii) Counter Corruption act (No. 2), 1987; and (iii) The Act on the Declaration of Assets and Liabilities of Senators and Members of the House of Represent

Does the Constitution mandate public officials to disclose their assets?

See Part 1 "Declaration of Accounts Showing Particulars of Assets and Liabilities" in Chapter X Inspection of the Exercise of State Power of Thailand's 1997 Constitution.

Turkey

Full Name and Date of Effectiveness:

Declaration of Assets Act, Nov 11, 1990.

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

This act is linked to Section 22 of the Law No. 3628: Declaration of Assets, Fighting Against Corruption and Bribes, dated April 19, 1990.

Does the Constitution mandate public officials to disclose their assets?

Yes. Article 71 of the Constitution Declaration of Assets: Declaration of assets by persons entering public service, and the frequency of such declaration, shall be determined by law. Those serving in the legislative and executive organs shall not be exempted from this requirement.

Uganda

Full Name and Date of Effectiveness:

The Leadership Code Act, 2002. The act deals with many elements of leaders' conduct of which declaration of income, assets and liabilities is one part.

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

Yes, this is described in Articles 233-236 of the 1995 Constitution.

Does the Constitution mandate public officials to disclose their assets?

With the passing of this law, the Leadership Code of 1992 was repeated.

USA

Full Name and Date of Effectiveness:

Section 101 of Ethics in Government Act, 1978.

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

No

Does the Constitution mandate public officials to disclose their assets?

No reference in the Constitution.