Assets Disclosure by Public Officials: Declaration Processing

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Albania

Which agency of government receives and processes public officials' assets declaration?

The high inspectorate and low inspectorate; (respectively process declaration of officials assigned to them.

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

Yes, as described in Article 7 of the law.

How is the declaration's content verified?

This is described in Article 25 of the law. The arithmetical and logical audits are done for every declaration in order to determine (1) the accuracy of the valuation of the assets declared, (2) the accuracy of the financial sources declared and (3) the sufficiency of coverage of assets with declared sources; and the verification and approval of the data of the declaration A full audit is performed for those declarations presenting problems, incompatibilities and irregularities in justifying sources of coverage of assets or in the assets declared and in other declarations, according to the audit. The Inspector General approves the methodologies and manuals for audits but the High and Low inspectorates conduct the audits.

How long is the declaration record maintained?

10 years

Bangladesh

Which agency of government receives and processes public officials' assets declaration?

The mode of submission of declarations is specified in the Rules and executive instructions in central and provincial governments

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

Not stated in the rule.

How is the declaration's content verified?

Not stated in the rule.

How long is the declaration record maintained?

Not stated in the rule.

Brazil

Which agency of government receives and processes public officials' assets declaration?

Delagacia de Recita Federal (Delegation of Federal Income)

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

Any person can request the appropriate administrative authority to investigate any alleged violation of this law. In order to request an investigation, such request must be written and signed by the complainant and shall contain proof and information regarding the alleged violations.

How is the declaration's content verified?

The appropriate administrative authority shall immediately review the facts and if the "violator" is a federal public servant such public servant shall be processed in accordance with Law No. 8.112, articles 148 to 182, law dated Dec 1990. If the violator is a military public servant, the military rules and regulations will apply.

How long is the declaration record maintained?

Not stated in the rule.

Ghana

Which agency of government receives and processes public officials' assets declaration?

Declarations are made to the Auditor General.

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

No such process is described in the law.

How is the declaration's content verified?

According to Section 8, an allegation that a public officer has contravened the law shall be made to the Commissioner of Human Rights and Administrative Justice. Unless the person concerned makes a written admission of contravention or non-compliance, the

How long is the declaration record maintained?

Not stated in the law.

India

Which agency of government receives and processes public officials' assets declaration?

This is not specified in the rule. It is laid down in executive orders. The Department of Personnel and Training is the custodian of returns for the Indian Administrative Service, while the Home Ministry holds the returns of Indian Police Service officers

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

This is not stated in the rule.

How is the declaration's content verified?

Officials' sealed declarations remain in the custody of the authority that receives them. When complaints are received by the Vigilance Commissioner, he may ask the authority who has custody of the declarations for the release.

How long is the declaration record maintained?

The rule is silent on this issue. Separately, no misconduct charges can be filed after the employee retires, or after his resignation has been accepted.

Kenya

Which agency of government receives and processes public officials' assets declaration?

Section 3 of the Act lists several organizations (commissions) that are each responsible for collecting declarations of a certain group of public officials.

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

According to Section 27, a public officer can be required to provide clarifications on his declaration about omitted information, discrepancy or inconsistency.

How is the declaration's content verified?

Section 29(1) states that information contained in the official's asset declaration is confidential.

How long is the declaration record maintained?

30 years after the person ceases to be a public officer.

Korea

Which agency of government receives and processes public officials' assets declaration?

Each ministry, local governments, central banks, etc has its own Public Servant Ethic Committee PSEC, appointed by its Office of Planning and Management. This committee has nine members, of which five are from outside the department. The external members

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

Yes, the official is allowed to resubmit the declaration if the Committee acknowledges the mistakes are due to unintentional mistakes. This correction is allowed only for a limited period.

How is the declaration's content verified?

Every single declaration is audited and verified, and 100% compliance is required. If the declaration does not match the known sources of income or if there are other irregularities then the officer’s assets are investigated. An outside agency wanting to

How long is the declaration record maintained?

Not stated in the Law

Latvia

Which agency of government receives and processes public officials' assets declaration?

The Prevention of and Combating of Corruption Bureau.

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

This is not stated in the law.

How is the declaration's content verified?

This is described in Sections 27 and 28 of the Law. The Prevention of and Combating of Corruption Bureau verifies every declaration.

How long is the declaration record maintained?

The information is to be published and therefore stays in the public domain.

Mexico

Which agency of government receives and processes public officials' assets declaration?

The Secretariat of Public Function (Art. 40)

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

In case of involuntary omission of assets, the official can send a written declaration to the Dirección de Registro Patrimonial.

How is the declaration's content verified?

The Secretariat can conduct audits to verify the evolution of public servants’ patrimony. Also, when there are enough elements or information indicating that the patrimony of a civil servant is notoriously above his legal income, the Secretariat can subpoena

How long is the declaration record maintained?

As per Article 40, up to 3 years after the official has finished his contract or service

Nigeria

Which agency of government receives and processes public officials' assets declaration?

Not specified in the schedule.

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

Not specified in the schedule.

How is the declaration's content verified?

According to Section 11(2) of the schedule, any statement in the officer's declaration that is found to be false by any authority or person authorised in that behalf to verify it shall be deemed to be a breach of this Code. However, the schedule provides no information on who the authority or authorized persons are.

How long is the declaration record maintained?

Not specified.

Philippines

Which agency of government receives and processes public officials' assets declaration?

This is described in Rule 7, Section 1 (d). Most general officials file declarations with the Civil Service Commission.

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

Section 10 of the Act specifies Review and Compliance Procedure: In the event authorities determine that a statement is not properly filed, they shall inform the reporting individual and direct him to take the necessary corrective action

How is the declaration's content verified?

According to Section 10 of the Act, The designated committees shall establish procedures for the review of statements to determine whether said statements which have been submitted on time, are complete, and are in proper form

How long is the declaration record maintained?

Section 8: (4) Any statement filed under this Act shall be available to the public for a period of ten (10) years after receipt of the statement. After such period, the statement may be destroyed unless needed in an ongoing investigation.

Romania

Which agency of government receives and processes public officials' assets declaration?

As Article 4 spells out each organization has its own designated office to submit: The President of Romania, the presidential councilors and state councilors to the chief of the Chancery of the Presidential Administration; The presidents of the parliament

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

Article 4 (7.4): failure to update or failure to submit shall entail the initiation of the auditing procedure

How is the declaration's content verified?

Article 4 (9): investigation shall be performed by a special commission and the final decision shall be published in the Official Journal of Romania

How long is the declaration record maintained?

Law is silent on this.

Sri Lanka

Which agency of government receives and processes public officials' assets declaration?

This is specified in detail in Section 4 of the Act. It covers which officials must submit their assets declaration to whom.

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

Under Section 7(4) of the law, it is an offence to make public statements in respect of investigations.

How is the declaration's content verified?

The verification is performed during promotion decision (Section 5). The Attorney General, Bribery Commissioner, the Commissioner General of Inland revenue and the Head of the Department of Exchange Control shall have the right to call for and refer to any declaration of asserts and liabilities. In addition Section 7 says that any person can draw the attention of the appropriate authority to any recent acquisitions of wealth or property or recent business dealings about the officials. Upon receiving this information, the appropriate authority can make investigation.

How long is the declaration record maintained?

Law is silent on this.

Tanzania

Which agency of government receives and processes public officials' assets declaration?

This is described in Section 18. The Ethics Secretariat has the duty to received the declarations.

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

This is described in Section 27(3) of the Act. The Ethics commissioner, suspecting that an official has made a false declaration of his assets, may require the pubic leader to confirm or amend the declaration. This is the prerogative of the Commissioner as the word is 'may' and not 'shall.'

How is the declaration's content verified?

There is no compulsory verification of all declarations. According to Section 18 and 22, the Ethics Secretariat can initiate and conduct any investigation if it suspects a breach of the Ethics act. It can also conduct an investigation on the basis of an oral or written complaint from the members of the public.

How long is the declaration record maintained?

Not stated in the law

Thailand

Which agency of government receives and processes public officials' assets declaration?

National Counter Corruption Commission

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

Yes: Section 47: in conducting a fact inquiry, the allegation shall be informed to the alleged culprit and there shall be fixed a reasonable time within which the alleged culprit may give explanations, present evidence or bring witnesses to testify in sup

How is the declaration's content verified?

Chapter V: (i) the Senate refers the matter to the NCC Commission for the purpose of fact inquiry; (ii) the injured person lodges a request with the N.C.C.; (iii) an allegation is lodged with the N.C.C. for the purpose of enabling the property to devolve o

How long is the declaration record maintained?

not clear

Turkey

Which agency of government receives and processes public officials' assets declaration?

Section 2, Article (6) of the Act lists several department/offices that are each responsible for collecting declarations of each group of public officials. For instance, the members of parliament and cabinet members submit declarations to the office of President of the Parliament; civil servants submit to their own organizations, or to human resources department; and public notaries to the Ministry of Justice.

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

Section 5, Article (17): the declaration processing authority issues a written reminder and gives an extension of a month.

How is the declaration's content verified?

Section 5, Article (18), new and additional declarations are compared with the previous declaration by the declaration processing authority.

How long is the declaration record maintained?

Not stated in the Act.

Uganda

Which agency of government receives and processes public officials' assets declaration?

Inspector General of Government

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

The IGG can require a leader to account for any omission or discrepancy in the declaration. The leader has 30 days to respond to the IGG's query.,

How is the declaration's content verified?

The IGG examines all declarations.

How long is the declaration record maintained?

Not mentioned

USA

Which agency of government receives and processes public officials' assets declaration?

With the designated agency ethics official at the agency; candidates to the Federal Election Commission; the president, vice president and independent council member to the Director of the Office of Government Ethics.

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

Yes. Each agency ethics office, the director of the office of government ethics, the secretary concerned, person designated by the congressional ethics office shall notify the individual submitting such report what additional information is required and the time by which it must be submitted.

How is the declaration's content verified?

The Attorney General office may bring civil action in any appropriate U.S. district court against any individual (i) who knowingly and willfully falsifies or fails to file a report. (2) the head of each agency, each Secretary concerned, the director of the

How long is the declaration record maintained?

6 years (unless there is an ongoing investigation).