Managing Conflict of Interest - Organisation for Economic Co ...
Managing Conflict of Interest - Organisation for Economic Co ...
Managing Conflict of Interest - Organisation for Economic Co ...
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Defining <strong><strong>Co</strong>nflict</strong> <strong>of</strong> <strong>Interest</strong> 37Establishing a System <strong>for</strong> Asset DisclosureWhen establishing an asset disclosure program, assume that all,or almost all, public servants are honest. The primary aim <strong>of</strong> theagency in charge <strong>of</strong> income and asset disclosure is thus to help honest<strong>of</strong>ficials who are required to disclose do so correctly. Amongthe actions the agency can take to foster voluntary complianceare seminars <strong>for</strong> filers, a help line, and a procedure <strong>for</strong> requestingadvisory opinions where the law is unclear. The opinions should bewidely disseminated, <strong>for</strong> they then become a body <strong>of</strong> law to guideinterpretation in future cases.Once government has gone the extra mile to promote voluntarycompliance, it is easier politically <strong>for</strong> it to bring the en<strong>for</strong>cementclub out <strong>of</strong> the closet. That club should be <strong>of</strong> sufficient weight tomatch the severity <strong>of</strong> the <strong>of</strong>fense. In other words, the failure to file ora false filing should be treated no less seriously than the solicitationor receipt <strong>of</strong> a bribe. For example, in Trinidad, in addition to prisontime <strong>for</strong> failure to disclose, the state can require the defendant t<strong>of</strong>orfeit the value <strong>of</strong> the asset not disclosed.When beginning a program, start slowly and build up capacity.A common mistake in creating a new agency is to establish iton day one and on day two require thousands <strong>of</strong> civil servants t<strong>of</strong>ile a <strong>for</strong>m with the agency. The agency is unable to meaningfullyreview so many <strong>for</strong>ms so early in its life. Word quickly spreads to thiseffect, and people do not take the agency or its mandate seriously.In the first round or iteration <strong>of</strong> the program, require just a handful<strong>of</strong> senior <strong>of</strong>ficials to file declarations.Besides requiring <strong>of</strong>ficeholders to disclose personal and businessassets, it is good practice <strong>for</strong> <strong>of</strong>ficials to disclose••••••sources <strong>of</strong> income;positions in pr<strong>of</strong>it or nonpr<strong>of</strong>it firms;debts;gifts;payments <strong>for</strong> travel, advances, reimbursements; andthe income and assets <strong>of</strong> spouses and children living in thefamily home or dependent upon the <strong>of</strong>ficial <strong>for</strong> support.ADB/OECD Anti-<strong>Co</strong>rruption Initiative <strong>for</strong> Asia and the Pacific
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