Assets Disclosure by Public Officials: Coverage of Law/Rule

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Albania

To what categories of civil servants or appointed officials is this law/rule applicable?

This is described in Article 3.1. Appointed officials who are obliged to file declaration of assets to the High Inspectporate include civil servants of the high and middle management level, directors of independent public institutions, and general directors.

To what categories of elected officials is this law/rule applicable?

This is described in Article 3.1 of the law. Elected officials who are obliged to make declaration of assets includes prefects, chairmen of the regional councils, mayors of municipalities, of municipal units and communes, and officials who are elected.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

This is described in Article 3.2 of the Law. Apart from the High Inspectorate which receives declaration of assets from appointed officials listed in Article 3.1, the Low Inspectorate receives assets declarations from less senior officials.

Do provincial and local employees follow the same or similar assets declaration law?

Same law.

 

Bangladesh

To what categories of civil servants or appointed officials is this law/rule applicable?

Section 2 of the law states that all government officials, whether on duty or on leave, within Bangladesh or outside it, or while on deputation to any other government agency, institution or authority.

To what categories of elected officials is this law/rule applicable?

This set of rules does not apply to elected officials.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

All government officials are covered by this rule.

Do provincial and local employees follow the same or similar assets declaration law?

All government officials are covered by this rule.

 

Brazil

To what categories of civil servants or appointed officials is this law/rule applicable?

Law regulates all public servants, those elected, nominated, or designated, paid or unpaid, contracted or invested with a public mandate, charge, employment or other function.

To what categories of elected officials is this law/rule applicable?

Local, state, and national.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

All government officials are covered by this rule.

Do provincial and local employees follow the same or similar assets declaration law?

All government officials are covered by this rule.

 

Ghana

To what categories of civil servants or appointed officials is this law/rule applicable?

Declaration of assets is obligatory on the part of all public office holders listed in Schedule 1 to the Law. Appointed officials included in the list begin with the Cabinet Secretary (highest ranking) and extend to those drawing salary equivalent or above Director in the civil service.

To what categories of elected officials is this law/rule applicable?

Declaration of assets is obligatory on the part of all public office holders listed in Schedule 1 to the Law. Elected officials are included in the list including the President, Prime Minister, ministers, presiding members and secretary of metropolitan, municipal and district assemblies.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

Only officials with the salary equivalent to or above the salary of a Director in Civil Service. are required to declare assets.

Do provincial and local employees follow the same or similar assets declaration law?

No.

 

India

To what categories of civil servants or appointed officials is this law/rule applicable?

Each cadre of officials has its distinct set of rules. For example, the All India Service Conduct Rules is applicable to elite cadres of civil servants of Indian Administrative Service, Indian Police Service, and Indian Forest Service. Railway officials have their own set of rules.

To what categories of elected officials is this law/rule applicable?

Since the 2004 parliamentary election , all contestants for parliamentary seats have to file, along with their nomination papers, an affidavit listing movable and immovable property held by themselves and family members, as well as taxes filed by them.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

Usually, employees in Group D or those engaged in casual and unskilled jobs are not required to submit declarations though cases of disproportionate assets could be instituted against them as well.

Do provincial and local employees follow the same or similar assets declaration law?

Most state governments have asset declaration rules and executive instructions similar to the Government of India as a part of the conduct rules. Local authorities are under administrative control of the provinces, and governed by laws a and rules applicable to provincial officials.

 

Kenya

To what categories of civil servants or appointed officials is this law/rule applicable?

Section 2 of the Law lists officials to whom the law applies. The law covers other aspects of officials' conduct besides assets disclosure. Those who must submit declarations are listed in the First Schedule to the law, and are public officers in job group P and above.

To what categories of elected officials is this law/rule applicable?

This is listed in Schedule 1 to the Act, and includes the President, Vice-President, ministers and assistant ministers, members of parliament, and councilors of local authorities.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

The following are not required to submit declaration: Public Officers in groups below "P", local authority officers outside Salary scale 1 to 3, local authority officers below job group H.

Do provincial and local employees follow the same or similar assets declaration law?

Same law.

 

Korea

To what categories of civil servants or appointed officials is this law/rule applicable?

The law covers appointed officials in Ranks 1 to 4 (i.e. the top and middle level officials, who are categorized in Ranks 1 through 9.) Civil service retirees are also required to file their declarations for five years after they have retired.

To what categories of elected officials is this law/rule applicable?

The same law that covers civil servants also covers the prime minister, the Cabinet, members of parliament, elected members of local government. All candidates for elections too are required to file declarations, but not under the scrutiny of its validity

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

Ranks 5 to 9 are not required to disclose assets. However civil servants employed in tax, procurement, and customs in ranks 5 and 6 must also comply with the laws.

Do provincial and local employees follow the same or similar assets declaration law?

It also covers public servants in central, local and provincial governments. It covers all public servants employed in organizations that receive budget support.

 

Latvia

To what categories of civil servants or appointed officials is this law/rule applicable?

This is listed in Section 4 of the law. Appointed officials include civil servants of the general or specialized state civil service. Section 4(2) extends the assets declaration requirement to a wider circle of officials who issue administrative acts, supervise other officials, or deal with State property.

To what categories of elected officials is this law/rule applicable?

Section 4(1) lists elected officials and includes President, member s of the Saeima, heads, deputies, and members if the councils of local government authorities.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

Not stated in this law.

Do provincial and local employees follow the same or similar assets declaration law?

Same law.

 

Mexico

To what categories of civil servants or appointed officials is this law/rule applicable?

Title III. Article 36. lists the public servants obliged to submit patrimonial declarations. Those are the designated members and/or high level officials of: (i) the federal congress, (ii) all public servants in the centralized federal public administration.

To what categories of elected officials is this law/rule applicable?

Art. 5 of this law says State Governors, Local Representatives (Diputados), and Local Supreme Court Justices can be subject of political trial when incurring in serious violations to the General Constitution of the Republic or Federal Laws, or when misman

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

Not stated in this law.

Do provincial and local employees follow the same or similar assets declaration law?

Not stated in this law.

 

Nigeria

To what categories of civil servants or appointed officials is this law/rule applicable?

Covers all government employees.

To what categories of elected officials is this law/rule applicable?

The President, Vice-President , President and Deputy President of the Senate, Speakers and Deputy Speaker of the House of Representatives and Speakers and Deputy Speakers of Houses of Assembly of States, and all members and staff of legislative houses; Governors and Deputy Governors of States; Ministers of the Government of the Federation and Commissioners of the Governments of the State; and Chairman and members of local government councils.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

Not stated

Do provincial and local employees follow the same or similar assets declaration law?

Not stated.

 

Philippines

To what categories of civil servants or appointed officials is this law/rule applicable?

Section 8A specifies all public officials except (i) those who serve in an honorary capacity, and (ii) laborers and causal or temporary workers.

To what categories of elected officials is this law/rule applicable?

Constitutional and national elected officials; senators and congressmen; justices; judges; all national executive officials with the office of the president; regional and local officials and employees; officers of armed forces

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

Applicable to all public officials

Do provincial and local employees follow the same or similar assets declaration law?

The same law. Regional and local employees file declarations with the Deputy Ombudsman in their respective regions.

 

Romania

To what categories of civil servants or appointed officials is this law/rule applicable?

This is described in Article 2 and includes persons holding leading and auditing positions with central or local public authorities or with public or pubic interest institutions, staff of a dignitary's cabinet, and persons holding positions from that of a leader inclusively up.

To what categories of elected officials is this law/rule applicable?

This is described in Article 2 and includes the President, the President of the Parliament's Chamber; deputies and senators, the Prime Minister, the Government members, country and local councilors, mayors, and deputy mayors.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

Applicable to all public officials.

Do provincial and local employees follow the same or similar assets declaration law?

Same law.

 

Sri Lanka

To what categories of civil servants or appointed officials is this law/rule applicable?

This is described in Sections 2 and 4 of the law. Appointed officials who need to declare their assets include the Heads of Government Departments, Chairmen and Directors of Pubic Corporations, staff officers in ministries, and staff officers of local authorities.

To what categories of elected officials is this law/rule applicable?

Speaker and Members of Parliament, Cabinet and Deputy Ministers, and elected members of local authorities.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

Not known. Section 2(e) of the law allows this law to be extended to "such categories of other officers as may be specified under regulation."

Do provincial and local employees follow the same or similar assets declaration law?

Same law.

 

Tanzania

To what categories of civil servants or appointed officials is this law/rule applicable?

Section 4 of the Act lists public leaders who must declare their assets. Appointed officials include Chief Secretary and District Commissioner, Regional Administrative Secretary, Permanent Secretary, Deputy Permanent Secretary, public officers in charge of independent government departments, commissioners of Tax in Tanzania. Revenue Authority, commissioners and directors in government ministries, and CEOs of local governments.

To what categories of elected officials is this law/rule applicable?

Listed in Section 4, elected officials include the President, Vice President, Prime Minister, Chief Minister of Zanzibar, speaker and deputy speaker, minister, deputy minister and regional commissioners, mayor, chairman, and member of a local government.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

Not stated in the law.

Do provincial and local employees follow the same or similar assets declaration law?

Same law.

 

Thailand

To what categories of civil servants or appointed officials is this law/rule applicable?

Listed in Section 4 of the act, this includes officials having permanent salaries, performing duties in a state enterprise or agency, local administrator, and persons exercising state's administrative power.

To what categories of elected officials is this law/rule applicable?

Listed in Section 4(1) through (9), includes Prime Minister, minister, member of House of Representatives, senator, and elected officials of local governments.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

Same for all officials

Do provincial and local employees follow the same or similar assets declaration law?

Same law.

 

Turkey

To what categories of civil servants or appointed officials is this law/rule applicable?

As the Section 2-Article 3 lists, this Act applies to all public servants--those elected, nominated, or designated, paid or unpaid, contracted or invested with a public mandate, including public notaries, employees of state economic enterprises, and civil servants at provincial administrations.

To what categories of elected officials is this law/rule applicable?

According to the Section 2-Article (3), all elected officials, and also political party leaders are covered.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

All government officials are covered by this law.

Do provincial and local employees follow the same or similar assets declaration law?

All government officials are covered by this law.

 

Uganda

To what categories of civil servants or appointed officials is this law/rule applicable?

Listed in the second schedule under Part B - Specified Officers. These are all top and middle-ranking officials.

To what categories of elected officials is this law/rule applicable?

Listed in the second schedule under Part A. These are all the high-ranking elected representatives.

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

There is no separate law requiring them to declare their assets.

Do provincial and local employees follow the same or similar assets declaration law?

Uganda has no provinces and hence no provincial employees.

 

USA

To what categories of civil servants or appointed officials is this law/rule applicable?

Section 101 (f) describes that declaration of assets is required of each officer or employee in the executive branch, including a special Government employee as defined in section 202 of title 18, United States Code, who occupies a position classified above GS-15 of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule. It is appliacable to each member of a uniformed service whose pay grade is at or in excess of O-7 under section 201 of title 37, United States Code; and each officer or employee in any other position determined by the Director of the Office of Government Ethics to be of equal classification; each employee appointed pursuant to section 3105 of title 5, United States Code; any employee not described in paragraph (3) who is in a position in the executive branch which is excepted from the competitive service by reason of being of a confidential or policymaking character, except that the Director of the Office of Government Ethics may, by regulation, exclude from the application of this paragraph any individual, or group of individuals, who are in such positions, but only in cases in which the Director determines such exclusion would not affect adversely the integrity of the Government or the public's confidence in the integrity of the Government; the Postmaster General, the Deputy Postmaster General, each Governor of the Board of Governors of the United States Postal Service and each officer or employee of the United States Postal Service or Postal Rate Commission who occupies a position for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; the Director of the Office of Government Ethics and each designated agency ethics official; any civilian employee not described in paragraph (3), employed in the Executive Office of the President (other than a special government who holds a commission of appointment from the President; an officer or employee of the Congress as defined under section 109(13); (11) a judicial officer as defined under section 109(10); and a judicial employee as defined under section 109(8).

To what categories of elected officials is this law/rule applicable?

Section 101 (f): the President; the Vice President; a Member of Congress as defined under section 109(12)

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

Applicable to almost all employees.

Do provincial and local employees follow the same or similar assets declaration law?

This law applies only to employees of federal government. However, each state government has its own declaration of financial assets laws. See for example the New York state law at http://www.dos.state.ny.us/ethc/POL73a.html; and the City of Chicago Financial Interests and Disclosure Requirements at http://w4.ci.chi.il.us./Ethics/