Asset Declarations for Public Officials: A Tool to Prevent Corruption

This study provides a systematic analysis of the existing practice in the area of asset declarations in Eastern Europe and Central Asia, and in some OECD member states in Western Europe and North America. It examines the key elements of asset declaration systems, such as policy objectives, legal frameworks and the institutional arrangements; the categories of public officials who are required to submit declarations, and types of required information; procedures for verifying declared information, sanctions for violations, and public disclosure.



The study also discusses the cost-effectiveness and overall usefulness of declaration systems. It includes four case studies covering Lithuania, Romania, Spain and Ukraine, and many additional country examples and references.

The study presents policy recommendations on the key elements of asset declaration systems. These recommendations will be useful for national governments and international organisations engaged in development, reform and assessment of asset declarations systems on a country level.

Table of Contents
Introduction
Part I
Policy Principles and Recommendations
for Public Official Asset Declaration
Why introduce asset declaration systems?
Which legal framework should be chosen?
One regulation for all officials, or different regulations for various categories?
Which institution should be responsible?.
Who should be obliged to declare assets?.
What information should be declared?.
How should asset declarations be collected?
How should asset declarations be verified?
Which sanctions are needed to enforce asset declarations regimes?
Which information should be open to the general public
and other public institutions?.
How should the declarations system be evaluated?.

Part II
Analysis of Existing Asset Declaration Practices
Chapter 1. Historical Background and International Standards
1.1. The spread of public officials’ declarations
1.2. International standards.
Notes
Bibliography
Chapter 2. Purposes of the Declaration Systems.
Notes
Bibliography
Chapter 3. Legal Basis and Institutional Arrangements
3.1. Legal basis
3.2. Institutional arrangements.
3.3. Overarching versus separate systems for branches of state authority
3.4. Single versus multiple declarations
3.5. Protecting the institution responsible for asset declaration systems against undue influence
3.6. Engagement of the tax administration for wealth monitoring
3.7. Volatility and sustainability of new systems
Notes
Bibliography
Chapter 4. Subjects of Declaration Systems
4.1. Categories of public officials covered
4.2. Other persons
4.3. Differentiation between political and professional officials
Notes
Bibliography
Chapter 5. Scope and Content of the Declarations
5.1. Income
5.2. Assets
5.3. Gifts
5.4. Expenses
5.5. Pecuniary and non-pecuniary interests
5.6. Identification of spouses, relatives and other related persons
Notes
Bibliography
Chapter 6. Processing of the Declarations
6.1. When forms are submitted
6.2. Forms
6.3. Collection
6.4. Verification
6.5. Archiving
Notes
Bibliography
Chapter 7. Liability and Sanctions
7.1. Defined violations
7.2. Character of sanctions
7.3. Practice of application
Notes
Bibliography
Chapter 8. Public Disclosure
8.1. Scale of disclosure
8.2. Conditions of disclosure
8.3. Form of public disclosure
8.4. Provision of information to other officials and public agencies
8.5. Protection of information on public officials
Notes
Bibliography
Chapter 9. Evaluation of the Declaration Systems
9.1. Cost
9.2. Effectiveness
9.3. Trends in reforms
Notes
Bibliography

Part III
Asset Declaration Case Studies
Chapter 10. Asset Declaration in Lithuania
Context
Legal basis and institutional arrangements
Subjects of Declaration Systems
Chapter 11. Asset Declaration in Romania
Context
Institutional set-u
Who declares?
What is declared, and how?
Verification and sanctions
Latest developments
Notes
Annex 11.A1. Statement of Assets in Romania
Annex 11.A2. Declaration of Interests in Romania
Chapter 12. Asset Declaration in Spain
Spain – Catalonia
Chapter 13. Asset Declaration in Ukraine
Context
Legal basis and institutional arrangements
Subjects of declaration systems
Scope and content of the declarations
Processing of the declarations
Sanctions.
Public disclosure
Evaluation of the declaration system
Notes