Assets Disclosure by Public Officials:

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Punishment for Breach

Albania

What is the punishment for not filing the declaration?

Article 5: refusal to make a declaration entails the loss of function and punishment in conformity with Criminal Code--punishable by fine or imprisonment up to six months. In addition When action or inaction does not constitute a criminal offence it const

What is the penalty for making inaccurate statements on this declaration?

Article 38 states that declarations and all documents that accompany them are official documents. Submitting false data in them constitutes criminal act and is punished according to the legislation in force.

Can an official be prosecuted for violating this law?

Yes according to Article 5. The Criminal Code amended by Law Nr. 9030, adding 257/a entitled " refusal to make declaration, failing to make a declaration, hiding or falsely declaring assets by elected persons and public employees," --hiding or falsely

Bangladesh

What is the punishment for not filing the declaration?

Not stated in the Rule

What is the penalty for making inaccurate statements on this declaration?

Not stated in the Rule

Can an official be prosecuted for violating this law?

Not stated in the Rule

Brazil

What is the punishment for not filing the declaration?

--

What is the penalty for making inaccurate statements on this declaration?

--

Can an official be prosecuted for violating this law?

--

Ghana

What is the punishment for not filing the declaration?

Section 7 states that failure to declare assets is dealt with in accordance with Section 8. The latter section states that when an official does not file declaration, an allegation is to be made to the Commissioner for Human Rights and Administrative Justice

What is the penalty for making inaccurate statements on this declaration?

Section 7 states that knowingly making false declarations is dealt with in accordance with Section 8. The latter section states that when an official knowingly makes a false declaration, an allegation is to be made to the Commissioner for Human Rights an

Can an official be prosecuted for violating this law?

No.

India

What is the punishment for not filing the declaration?

The rules do not mention any punishment for not filing a declaration. However, the lapse can be deemed to be presumptive ground under the Prevention of Corruption Act for initiating investigation into the official's assets.

What is the penalty for making inaccurate statements on this declaration?

These declarations remain sealed and unopened unless there is an allegation of misconduct against the officer and an appropriate agency starts investigating the misconduct.

Can an official be prosecuted for violating this law?

As there is no law, charges cannot be filed for violation . However, the annual statement of immovable property can be used to initiate action under the Prevention of Corruption Act.

Kenya

What is the punishment for not filing the declaration?

Section 31 lays down that if an official is convicted for failing to submit declaration (s)he is liable for fine not exceeding 1 million schillings or imprisonment for one year or both

What is the penalty for making inaccurate statements on this declaration?

Section 31 lays down that if an official is convicted of submitting a false or misleading declaration, (s)he is liable for fine not exceeding 1 million schillings or imprisonment for one year or both

Can an official be prosecuted for violating this law?

Yes, under Section 31 of this law.

Korea

What is the punishment for not filing the declaration?

A new entrant’s assets must be filed before (s)he can begin work. If a declaration is not submitted in time, the Ministry of Internal Affairs gives a warning to the official.

What is the penalty for making inaccurate statements on this declaration?

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. The list of officers being in

Can an official be prosecuted for violating this law?

The law has provisions that specify penalties for each violation (e.g., no declaration, under declaration, leakage of confidentiality, and violation of reemployment restriction)

Latvia

What is the punishment for not filing the declaration?

According to Section 29 if a public official does not provide the information required by the authority or the public official authorized by law regarding the sources of acquisition of property, including financial resources, or cannot justify the acquisition of income or financial benefit from a legal source, it shall be presumed that the public official has acquired the property prohibited by this Law, including financial resources, and he or she is hiding this fact from the State.

What is the penalty for making inaccurate statements on this declaration?

According to Section 30, any income or assets obtained in irregular way will accrue to the state.

Can an official be prosecuted for violating this law?

Section 30states that (1) Persons shall be held liable for violations of this Law as specified in regulatory enactments. Civil liability shall also apply to public officials in accordance with the provisions of this Section; (2) Income and financial benefits obtained by violating the restrictions specified in this Law or a proportional augmentation thereof shall accrue to the State, by presuming that by violating the restrictions determined by the State and illegally obtaining income or financial benefits, the public official has caused such harm to the State administrative order as is to be evaluated in financial terms and is proportional to the value of augmentation of income, financial benefits and property that are obtained in a prohibited way; (3) If a public official does not compensate voluntarily the losses caused to the State, the State authority or the public official authorised by law has a duty to perform the necessary actions in order to claim compensation for the losses caused in accordance with the procedures determined by law; (4) Compensation for losses shall be requested in accordance with the procedures determined in the Civil Procedure Law; (5) The recovery of losses from the public official shall take place regardless of whether the public official is subject to administrative or criminal liability for violating the provisions of this Law.

Mexico

What is the punishment for not filing the declaration?

Art. 37 lays down that not declaring assets leads to suspension for 15 days. If the omission persists for 30 days after the date of suspension, the official's contract is declared void.

What is the penalty for making inaccurate statements on this declaration?

Art. 37 stipulates that Inaccurate statements will lead to suspension for no less than 3 days and no more than 3 months. Depending on the severity of the offence, the infracting official can be dismissed for 1 to 5 years.

Can an official be prosecuted for violating this law?

Charges can be filed under Art.37.

Nigeria

What is the punishment for not filing the declaration?

--

What is the penalty for making inaccurate statements on this declaration?

Any property or assets acquired by a public officer which is not fairly attributable to income, gift, or loan approved by the Code shall be deemed to have been acquired in breach of this Code unless the contrary is proved.

Can an official be prosecuted for violating this law?

The fifth schedule contains many elements of public officers' code of conduct of which assets disclosure is only one. According to Section 12, any allegation that a public officer has committed a breach of or has not complied with the provisions of this Code shall be made to the Code of Conduct Bureau.

Philippines

What is the punishment for not filing the declaration?

Punishment for not filing declaration is not mentioned separately in the Act, but Section 11 states that violation of the Act shall be punished with a fine not exceeding the equivalent to 6 months' salary or suspension not exceeding or one year, or removal depending on the gravity of the offence. Rule XI specifies that violation of Section 8 of the Act (which deals with disclosure) is punishable with imprisonment not exceeding 5 years.

What is the penalty for making inaccurate statements on this declaration?

Punishment for not filing declaration is not mentioned separately in the Act, but Section 11 states that violation of the Act shall be punished with a fine not exceeding the equivalent to 6 months' salary or suspension not exceeding or one year, or removal depending on the gravity of the offence. Rule XI specifies that violation of Section 8 of the Act (which deals with disclosure) is punishable with imprisonment not exceeding 5 years.

Can an official be prosecuted for violating this law?

The official can be prosecuted under Section 11 of this Act. In addition Rule XI lays down that if the violation is punishable by a heavier penalty under another law, the latter shall apply.

Romania

What is the punishment for not filing the declaration?

This is described in Article 6(4) of the Law. Failure to submit within time initiates ex-officio the auditing procedure.

What is the penalty for making inaccurate statements on this declaration?

As per Article 26(1), the final decision of the courts published in the Official Journal of Romania.

Can an official be prosecuted for violating this law?

Not clear.

Sri Lanka

What is the punishment for not filing the declaration?

Section 9 (1) (a) stipulates trial before magistrate for failure to make declaration without reasonable cause. The punishment upon conviction is a fine of Rs. 1000 or less and / or imprisonment not exceeding one year.

What is the penalty for making inaccurate statements on this declaration?

Section 9 (1) (b) stipulates trial before magistrate for making any false statement in the declaration. The punishment upon conviction is a fine of Rs. 1000 or less and / or imprisonment not exceeding one year.

Can an official be prosecuted for violating this law?

Charges can be filed under Section 9 of this act.

Tanzania

What is the punishment for not filing the declaration?

Failure to make declaration without reasonable cause is considered breach of the code (Section 15). Punishment for not filing declaration is not stated.

What is the penalty for making inaccurate statements on this declaration?

False declaration of assets is a breach of the code according to Section 15. The punishment for this breach, laid down in Section 27(2), is a fine of 1 to 5 million schillings, or by imprisonment up to one year.

Can an official be prosecuted for violating this law?

As per Section 27 (3) (b), the Ethics Commissioner must refer any breach of the Code to a Tribunal set up for the purpose of this act.

Thailand

What is the punishment for not filing the declaration?

Section 41 states that when any person intentionally fails to submit an account showing particulars of assets and liabilities and supporting documents to the N.C.C. Commission within the time prescribed by this Organic Act, such person shall vacate office as from the date of the expiration of the time-limit prescribed for the submission of the account or the date of the discovery of the said act, as the case may be, and shall not take a position as a State official for the period of five years as from the date of the vacation of office.

What is the penalty for making inaccurate statements on this declaration?

Section 41 states that when any person intentionally submits false statements or fails to disclose facts which should have been disclosed, such person shall vacate office as from the date of the expiration of the time-limit prescribed for the submission of the account or the date of the discovery of the said act, as the case may be, and shall not take a position as a State official for the period of five years as from the date of the vacation of office.

Can an official be prosecuted for violating this law?

This is described under Chapter XI: Penalties. Particularly, Section 119 states that any State official who intentionally fails to submit an account showing assets and liabilities and supporting documents to the N.C.C. Commission within the time prescribed by this Organic Act or intentionally submits an account showing assets and liabilities and supporting documents with false statements being included therein or conceals facts which should have been disclosed shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding ten thousand Baht or to both.

Turkey

What is the punishment for not filing the declaration?

Section 5, Article (17): the declaration processing authority following the issue of a written reminder, and the extension of a month, files a complaint to the authorized Chief Justice of Republic for the necessary prosecution.

What is the penalty for making inaccurate statements on this declaration?

Not stated in this Act.

Can an official be prosecuted for violating this law?

Yes. According to the Section 5, Article (18), if the declaration processing authority following the comparison of the earlier and new declarations concludes that there is an inaccurate declaration or unlawful assets accumulation, files a complaint to the authorized Chief Justice of Republic for the necessary prosecution.

Uganda

What is the punishment for not filing the declaration?

According to Section 4(8), non-submission of the declaration is a breach of the code. No punishment is specified in the Code.

What is the penalty for making inaccurate statements on this declaration?

According to Sections 4 (7) and 6, false, misleading or insufficie3nt declaration is a breach of the code. According to Section 5(2), a leader filing to comply with the IG's request for clarification is liable to warning or caution; or dismissal, or

Can an official be prosecuted for violating this law?

The code does not mention it.

USA

What is the punishment for not filing the declaration?

Section 104. (a) The Attorney General office may bring civil action in any appropriate U.S. district court against any individual (i) who knowingly fails to file a report. (b) The head of each agency, each Secretary concerned, the Director of the Office of Government Ethics, each congressional ethics committee, or the Judicial Conference, as the case may be, shall refer to the Attorney General the name of any individual which such official or committee has reasonable cause to believe has willfully failed to file a report Whenever the Judicial Conference refers a name to the Attorney General under this subsection, the Judicial Conference also shall notify the judicial council of the circuit in which the named individual serves of the referral; (c) The President, the Vice President, the Secretary concerned, the head of each agency, the Office of Personnel Management, a congressional ethics committee, and the Judicial Conference, may take any appropriate personnel or other action in accordance with applicable law or regulation against any individual failing to file a report.

What is the penalty for making inaccurate statements on this declaration?

Section 104. (a) The Attorney General office may bring civil action in any appropriate U.S. district court against any individual (i) who knowingly and willfully falsifies a report. (b) The head of each agency, each Secretary concerned, the Director of the Office of Government Ethics, each congressional ethics committee, or the Judicial Conference, as the case may be, shall refer to the Attorney General the name of any individual which such official or committee has reasonable cause to believe has willfully falsified information required to be reported. Whenever the Judicial Conference refers a name to the Attorney General under this subsection, the Judicial Conference also shall notify the judicial council of the circuit in which the named individual serves of the referral; (c) The President, the Vice President, the Secretary concerned, the head of each agency, the Office of Personnel Management, a congressional ethics committee, and the Judicial Conference, may take any appropriate personnel or other action in accordance with applicable law or regulation against any individual falsifying or failing to report information required to be reported

Can an official be prosecuted for violating this law?

Section 104 says that prosecution is in accordance with applicable law.