Classified

Ethics and Integrity Directorate: Asset Declaration System

 

ETHICS AND INTEGRITY DIRECTORATE

BACKGROUND ON THE EID ESTABLISHMENT AND ITS FUNCTION

The Ethics and Integrity Directorate was established by section 4 of the Declaration of Assets and Liabilities Act, No. 12 of 2019. The Directorate started its operations in January 2020 and has been receiving declarations since 3rd February 2020.

The mandate of the Directorate is to promote and reinforce integrity and accountability in public office through the maintenance of an asset declaration system as per the Declaration of Assets and Liabilities Act.

WHAT IS ASSET DECLARATION

Asset Declaration is a mechanism by which a public official must periodically submit information about their interests, income, assets and liabilities and those of their spouses, dependents and children below the age of 18 years.

WHEN ARE DECLARATIONS MADE

Declaration of interests, income, assets and liabilities is done within 60 days of appointment, after assumption of office or of taking oath, every 24 months after the first declaration, and 5 years after leaving office. In addition, declarants are expected to declare any alteration in the value of assets, income and liabilities within 30 days, if reduced or increased by a minimum of P200,000.00.

THE ASSET DECLARATION SYSTEM

Submission of declarations of interests, income, assets and liabilities by public officials stated in the Act periodically for monitoring purposes;

A set of standards and guidelines made to promote and reinforce integrity in public office and prevent unethical conduct;

Public education and awareness of the standards of ethics and integrity that public officials are required to adhere to;

A system of referrals to investigatory authorities in matters that require investigation;

Processes and procedures for verifying and analysing the declarations to determine any significant and unjustified changes in the interests, income, assets and liabilities of the declarant which raise a reasonable suspicion of corruption, money laundering and the acquisition of property from the proceeds of any other offence; and

A register of declarations of interests, income, assets and liabilities, through which the public has access to the list of persons who have submitted their declarations as well as of those who have failed to submit their declarations; and the penalties imposed on them.

WHO IS REQUIRED TO DECLARE

Sections 3 and 6 of the Act states the categories of persons who are required to declare. These include –

a) Political Leadership

President, Vice and Former Presidents

Ministers and Assistant Ministers

Members of Parliament and Councillors etc...

b) Judiciary

*Chief Justice

*President of the Court of Appeal

*Justice of Appeal President of the Industrial Court

*Judge of the High Court

*Judge of the Industrial Court

An officer appointed by the Judicial Service Commission etc...

c) Public service

*Permanent Secretary to the President and other Permanent Secretaries

*Attorney General

*Commander of BDF

*Commissioner of Police/Prisons etc...

*District Commissioner

*Deputy/Assistant Commissioner

*Council Secretaries and Deputies

*Deputy /Senior Assistant Council Secretary

d) Other Declarants

Board member of a local authority

Board member of a public body (e.g., parastatals and companies in which Government has equity shares)

Head of a private enterprise (any organization which receives grants from the government such as a government-aided hospital, school, charitable organization, trust etc.)

Chief Executive Officer of a public body

An Officer of a public body at the Deputy Director level and above

Such other officers as may be prescribed by the Minister

SUBMISSION OF DECLARATIONS

Acknowledgement Slips are issued after the submission of declarations. Moreover, if errors and/or omissions are noticed, additional action/information is requested from a declarant. The Declarant is issued an acknowledgement slip after the additional action has been taken or the information requested has been received from the declarant.